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Processing, counting, and challenging absentee/mail-in ballots in Arkansas, 2020

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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016.[1] The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.

This article describes the rules in Arkansas for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:

  • How ballots are processed and counted
  • Whether ballots can be challenged
  • Conditions for rejecting a ballot
  • Whether voters can correct mistakes on a ballot

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

Processing and counting ballots

See also: When states can begin processing and counting absentee/mail-in ballots, 2020

Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.

The table below highlights key dates and deadlines related to absentee/mail-in voting in Arkansas for the November 2020 election.

Ballotpedia will publish the dates and deadlines related to this election as they are made available.


Processing ballots

Officials in Arkansas began processing absentee/mail-in ballots on October 27, 2020. As of November 2020, Arkansas law included the following provision for processing absentee/mail-in ballots:

“ The election officials for absentee ballots may meet in a place designated by the county board of election commissioners no earlier than the Tuesday before the election for the purpose of opening the outer envelope, processing, and canvassing of absentee ballot paper work[.] The opening, processing, counting, and canvassing of absentee ballots shall be conducted as follows: (A) One (1) of the election officials shall open outer absentee ballot envelopes one by one and verify the contents; (B) If the required materials are properly placed in the outer absentee ballot envelope, the election official shall proceed to read aloud from the voter statement the name of the voter; (C) If the required materials are not properly placed in the outer absentee ballot envelope, a second election official shall open the inner absentee ballot envelope to verify the contents; (D) If all required materials are present within one (1) or the other envelope, the election officials shall put the materials in the proper envelope while preserving the secrecy of the voter's ballot and shall proceed to read aloud from the voter statement the name of the voter and the voting precinct in which the voter claims to be a legal voter; (E) As each outer envelope is opened and the name of the voter is read, the election officials for the absentee box shall list the name and voting precinct of the voter[.] ... (K) If no challenge is made by a qualified poll watcher, the election official shall remove the inner envelope, without opening the inner envelope containing the ballot, and place it in the ballot box without marking it in any way; (L) (i) After all of the outer envelopes have been opened, the election officials of the absentee box shall preserve all the statements of voters and the voters' identification documents and deliver them to the county clerk, who shall file and keep them for the same length of time after the election as is required for retention of other ballots. (ii) The voter statements shall be made available for public inspection during regular business hours. (iii) The voters' identification documents shall not be subject to public inspection except as part of a judicial proceeding to contest the election; (M) When all of the inner envelopes containing the ballots have been placed in the ballot box, the ballot box shall be shaken thoroughly to mix the ballots; and (N) The ballot box shall be opened and the ballots canvassed and counted.[2] ”


See law: Arkansas Code, § 7-5-416. Counting of Absentee Ballots.

Counting ballots

Officials in Arkansas began counting absentee/mail-in ballots at 8:30am on November 3, 2020. As of November 2020, Arkansas law included the following provision for counting absentee/mail-in ballots:

“ It is the intent of this section to require the election officials for absentee ballots to meet and process, canvass, and count absentee ballots according to this section prior to the closing of the polls on election day. Absentee votes shall be cast on paper ballots. The ballots shall first be counted for write-in votes by the election officials. Then, at the discretion of the county board of election commissioners, the ballots may be either hand counted or counted on an electronic vote tabulating device.[2] ”


See law: Arkansas Code, § 7-5-416. Counting of Absentee Ballots.

Arkansas law included the following provision for who may count absentee/mail-in ballots:

“ The county board of election commissioners shall appoint election clerks to process, count, and canvass the absentee voters' ballots in all elections. The election clerks who are to canvass the absentee ballots shall be appointed in the same manner and at the same time the poll workers are selected to serve at the regular voting precincts. The election clerks shall possess the same qualifications as the poll workers who serve at the regular voting precincts. The processing, counting, and canvassing of the absentee ballots shall be under the supervision and at the direction of the county board of election commissioners.[2] ”


See law: Arkansas Code, § 7-5-414. Appointment of Election Clerks - Qualifications.

Arkansas law included the following provision for poll watchers:

“ The processing and counting of absentee ballots shall be open to the public, and candidates and authorized poll watchers may be present in person or by a representative designated in writing under § 7-5-312 during the opening, processing, canvassing, and counting of the absentee ballots as provided in this subchapter.[2] ”


See law: Arkansas Code, § 7-5-416. Counting of Absentee Ballots.

Challenging ballots

Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.

As of November 2020, Arkansas law included the following provision for challenging ballots:

“ When the name and voting precinct of a voter is read by the election official, any candidate or qualified poll watcher pursuant to § 7-5-312 may challenge the vote in the manner provided by law for personal voting challenges, and the election officials shall consider the ballot as a provisional ballot. If the statement is not in proper form or for any other legal reason the vote should not be counted, the ballot shall not be counted and shall be preserved together with the statement and envelope for the same period of time that the statements are preserved. If the county board of election commissioners determines that the provisional voter is qualified and that the vote was properly cast, the vote shall be counted."[2] ”


See law: Arkansas Code, § 7-5-417. Challenge of Absentee Votes.

Rejecting ballots

As of November 2020, Arkansas law included the following provision for rejecting absentee/mail-in ballots:

“ (E) As each outer envelope is opened and the name of the voter is read, the election officials for the absentee box shall list the name and voting precinct of the voter; (F) (i) After the election official reads aloud from the statement, the election officials shall compare the name, address, date of birth, and signature of the voter's absentee application with the voter's statement and, for first-time voters who registered by mail, the first-time voter's identification document unless the voter previously provided identification at the time of mailing the voter registration application. (ii) If the county board of election commissioners determines that the application and the voter's statement do not compare as to name, address, date of birth, and signature, the absentee ballot shall not be counted. (iii) If a first-time voter fails to provide the required identification with the absentee ballot or at the time of mailing the voter registration application, then the absentee application, absentee ballot envelope, and voter's statement shall be placed in an envelope marked “provisional” and the absentee ballot shall be considered a provisional ballot; (G) The election officials shall compare the name and address of the bearer, agent, or administrator written on the absentee ballot return envelope with the information on the voter statement. If the information does not match, then the outer envelope, absentee application, secrecy envelope containing the ballot, and the voter's statement shall be placed in an envelope marked “provisional” and the absentee ballot shall be considered a provisional ballot; (H) If the absentee voter fails to return the voter statement, the vote shall not be counted; (I) Failure of the voter to submit the required absentee materials in the proper envelopes shall not be grounds for disqualifying the voter; (J) If the voter statement does not authorize a bearer, agent, or administrator to receive or return his or her absentee ballot and the ballot was received or returned by a bearer, agent, or administrator, the vote shall not be counted[.][2] ”


See law: Arkansas Code, § 7-5-416. Counting of Absentee Ballots.

Ballot curing

Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.[3]

As of November 2020, Arkansas law did not include a provision for curing ballots.

Rules in other states

Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.

More frequently asked questions about the 2020 election

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See also


Footnotes

  1. ↑ The New York Times, "Where Americans Can Vote by Mail in the 2020 Elections," August 14, 2020
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ National Conference of State Legislatures, "VOPP: Table 15: States That Permit Voters to Correct Signature Discrepancies," September 21, 2020
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