ACT 249

• This Act removes the “Optional Identity Affirmation” option when casting a Provisional (In-Person Voting) or Absentee ballot.
• This second affirmation on the provisional ballot envelope and absentee voter’s statement allowed a voter to have their ballot counted without providing the required photo ID.
• Act 249 will require all voters to provide a qualifying document in order to cast a ballot in person.
• Absentee voters will be required to provide a copy of their ID when they return their absentee ballot.
• If the required ID is not provided, the  Provisional (In-Person Voting) and Absentee voter will have until noon on the Monday following the election to present the required ID in person to the county clerk or the county board of election commissioners.

ACT 633 

Verification of Voter Registration Requirements

Each voter shall verify his or her registration when voting by presenting a document or identification card that:
(a) Shows the name of the person to whom the document or identification card was issued;
(b) Shows a photograph of the person to whom the document or identification card was issued;
(c) Is issued by the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas; and
(d) If displaying an expiration date, is not expired or expired no more than four (4) years before the date of the election in which the voter seeks to vote.
Arkansas Constitution, Amendment 51, § 13(b)(1)(A)

Documents and identification cards that will be accepted as verification of voter registration include but are not limited to:

(a) An Arkansas driver’s license;
(b) An Arkansas  photo identification card;
(c) A concealed handgun carry license;
(d) A United States passport;
(e) An employee badge or identification document issued by an accredited postsecondary education institution in the State of Arkansas;
(f) A United States military identification document;
(g) A public assistance identification card, if the card shows a photograph of the person to whom the document or identification card was issued;
(h) A voter verification card with photo as provided by the County Clerk under Ark. Code § 7-5-324.
Arkansas Constitution Amendment 51, § 13(b)(1)(B)

Documentation of Residency of long-term care or residential care facility

A person who is a resident of a long-term care or residential care facility licensed by the State of Arkansas is not required to verify his or her registration by presenting a document or identification card as described above when voting in person, but must provide documentation from the administrator of the facility attesting that the person is a resident of the facility.

(a) Administrator—the administrative head of a long-term care or residential care facility licensed by the state.
(b) Documentation of Residency—a statement by the administrator of a residential care facility or long-term care facility which specifically identifies the full name of the resident in the body of the letter and is valid for one year after the date it is signed and issued. This documentation shall only be accepted if it is on this form provided by the Secretary of State.  
(c) Long-Term Care or Residential Care Facility—a nursing home, residential care facility, assisted living facility, post-acute head injury retraining and residential care facility, or any other facility which provides long-term medical or personal care and which is licensed by the State of Arkansas.
Arkansas Constitution, Amendment 51, § 13(b)(2)(B)

Provisional Voting for Voters Unable to Verify registration

Voters unable to verify registration when voting in person shall be permitted to cast a provisional ballot. Provisional ballots cast in this manner will be counted if:

(a) The voter completes a sworn statement at the polling site stating that the voter is registered to vote in this state and that he or she is the person registered to vote, and the County Board of Election Commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds, or

(b) The voter returns to the County Clerk by 12:00 noon on the Monday following the election and presents a document or identification card meeting the requirements described above, and the County Board of Election Commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.
Arkansas Constitution, Amendment 51, § 13(b)(1)(B)

Additional Identification Requirement for Certain First-Time Voters

Certain first-time voters who register by mail and who, when registering to vote do not provide the required identification documents, will be flagged on the Precinct Voter Registration List for additional identification documentation when voting at the polls during early voting, on election day, or by voting using an absentee ballot.  A flagged voter who presents a valid photo identification document that is also current (i.e., not expired) may vote without presenting an additional identification document.  However, if a flagged voter presents a valid photo identification that is not current (i.e., is expired) and valid for the purpose for which it is issued, the flagged voter must also show a current and valid photo identification or a copy of a current utility bill, bank statement, government check paycheck or other government document that shows the name and address of the voter. If the flagged voter does not provide additional current photo ID or the required additional identification document, the flagged voter is given a provisional ballot.