Voter-ID rule part of new election laws

Absentees, precinct size also covered

Arkansas voters will need to take photo identification with them to the polls under a new law passed by the 2013 Arkansas Legislature. During the legislative session, lawmakers overrode Gov. Mike Beebe’s veto of the measure. He called it “an expensive solution in search of a problem” that “is not supported by any demonstrated need.”
Arkansas voters will need to take photo identification with them to the polls under a new law passed by the 2013 Arkansas Legislature. During the legislative session, lawmakers overrode Gov. Mike Beebe’s veto of the measure. He called it “an expensive solution in search of a problem” that “is not supported by any demonstrated need.”

Arkansas voters will need to take photo identification with them to the polls under a new law passed by the 2013 Arkansas Legislature.

Lawmakers made that change and dozens of others in state election laws in the 100-day legislative session. One change requires clerks to count absentee ballots cast by voters who died before Election Day. Another prohibits candidates from running for more than one office at a time.

The change that received the most attention is now Act 595, by Sen. Bryan King, R-Green Forest, which requires anyone voting in person to present photo identification.

An in-person voter who cannot provide identification will be allowed to vote by provisional ballot. However, the votes will be counted only if the person goes to the county board of election commissioners or county clerk by noon on the Monday after the election and presents photo identification or an affidavit stating that he has no identification because he is poor or has a religious objection to being photographed. If the ballot is challenged by either side, it will not be counted.

Proof of identity is defined as a document or identification card issued by the United States, the state or an Arkansas college or university. The document or card must be currently valid or, if it has expired, has an expiration date that is within four years before the election.

A person voting by absentee ballot would have to provide a copy of his photo identification or a current utility bill, bank statement, government check, paycheck or other government document that shows his name and address.

Proponents say the new law will reduce voter fraud. Opponents say it may lower turnout among poor, elderly, disabled or minority-group voters.

During the legislative session, lawmakers overrode Gov. Mike Beebe’s veto of the measure. He called it “an expensive solution in search of a problem” that “is not supported by any demonstrated need.”

Under previous state law,poll workers had to ask voters to show identifying documents, but the voters weren’t required to show them.

Secretary of state spokesman Alex Reed said his office will spend the next few months working with civic groups to educate voters about the new requirement.

“We certainly don’t want to see anybody surprised, anybody upset when they go to vote. So we’re going to be working to try to inform the general public,” Reed said.

Nursing-home residents won’t have to provide identification, as long as an administrator at the facility verifies their identities and places of residence.

County clerks will be required to issue voter-identification cards at no cost to registered voters who don’t have other valid forms of identification.

The bill will go into effect Jan. 1 if the state has the money to issue the voter-ID cards. Reed said the secretary of state’s budget can cover the estimated $300,000 cost of equipment to make photo identification cards in each clerk’s office.

The Arkansas Chapter of the American Civil Liberties Union will likely file suit in state court, alleging that the law violates the state constitution, said Holly Dickson, the group’s legal director.

Article 3, Section 1 of the Arkansas Constitution sets the qualifications to vote and states that a person who meets those qualifications “shall be allowed to vote at any election.”

The group maintains that the identification requirement adds a qualification to vote that is not in the state constitution.

“There are a myriad of legal questions raised by the way that this voter ID law is written,” Dickson said. “It’s irrational because it requires more of a voter that we see in person than a voter we never see.”

OTHER ELECTION LAWS

Act 1424 by Sen. Jane English, R-North Little Rock, addresses several aspects of absentee balloting. It requires a county clerk to identify and electronically keep track of who picks up and returns an absentee ballot for another person. It also keeps track of the nursing-home or retirement-home administrators who submit ballots on behalf of people in their facilities, and requires that people in the facilities name the administrators as being authorized to pick up the ballots on their behalf.

It also requires that voters specify on a voter statement placed inside the ballot envelope who is returning their ballots. The bearer, or authorized agent’s name and address are printed on the outside of the envelope.

If the name and address don’t match, the ballot is considered provisional. If the voter statement does not name a specific person the ballot is not counted.

The law also prohibits the county clerk from giving an absentee ballot to a voter if the signature the clerk has on file is not similar to the signature on the ballot application.

The act also allows the public to witness “the opening, processing, canvasing and counting” of absentee ballots; the previous law didn’t require that the “processing” be open to the public.

Under Act 466 by Rep. Doug House, R-North Little Rock, a county clerk is required to accept the absentee ballot filed by a person who dies before Election Day. The ballot has to be signed, dated, postmarked and mailed before the date of death or submitted to the clerk before the date of death. Ballots filed by active-duty service members who subsequently die would also be counted.

Act 1461 by Rep. Ken Bragg, R-Sheridan, prohibits people from being within 6 feet of a voting booth unless they are voting, assisting a voter, or are in the care of a voter and are ineligible to vote; or are a poll worker, election monitor, are in law enforcement or have business in the polling place not connected to the election.

Act 1211 by Rep. Charlie Collins, R-Fayetteville, limits the size of voting precincts to 3,000 registered voters. It also states that precincts cannot be altered or created less than 60 days before an election, unless the county board of election commissioners unanimously votes to declare an emergency.

The act also requires that absentee and early votes be counted before the polls close on Election Day. It also requires that early and absentee results be submitted to the secretary of state within 30 minutes of the polls closing. And it requires the county board to file a certificate detailing the results of the election in each precinct.

Prosecuting attorney candidates will no longer run as affiliated with political parties. Also under Act 110 by Rep. Matthew Shepherd, R-El Dorado, all candidates who fail to submit signed pledges that they have not committed felonies must be notified by the secretary of state’s office within two days of the deadline and be given five days to comply before their names are stricken from the ballot. Previously candidates had 20 days to comply.

Act 1058 by Rep. Andrea Lea, R-Russellville, requires counties to upload election results to the secretary of state’s website by precinct as quickly as the results come in. Reed said the change should mean faster results on the secretary of state’s website on election night.

Act 546 by Rep. Bruce Cozart, R-Hot Springs, requires county clerks to notify registered voters by mail if their voting places move. The letters don’t have to be sent before a school election or special election or in the event of an emergency. In all instances, notices must be posted at the voters’ former polling sites informing then that the voting locations have changed.

People cannot seek more than one state, county or municipal office during the same election under Act 1471 by Rep. James Word, D-Pine Bluff. Earlier in the recent legislative session, legislators approved Act 1066 by Sen. Missy Irvin, R-Mountain View, which specifies that a person can file to run for only one municipal office at a time.

“Previously people would run for city council, [justice of the peace], state representative and state senator, and president,” Reed said. “We’ve had that a couple of times.”

Act 1075 by Sen. Uvalde Lindsey, D-Fayetteville, allows judges who were appointed to the bench to use their titles on the ballots. Previous state law allowed only people previously elected to a judgeship to use the titles on the ballots.

Front Section, Pages 1 on 05/06/2013

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