HOT SPRINGS -- The 392 people who were removed from Garland County's voting rolls after being listed as convicted felons have been reinstated pending further verification of their eligibility, Garland County Clerk Sarah Smith said Wednesday.
Smith had the state's election services provider change the cancellations to active status after a July 6 letter from the secretary of state's office instructed county clerks to "proceed with caution" when removing the names. The secretary of state's office provided counties with the names but issued the warning after learning that some people on the list had been pardoned, had their sentences discharged or had never been felons.
Amendment 51 to the Arkansas Constitution allows convicted felons to register to vote if they provide the county clerk with proof that they've been discharged from probation or parole, paid all fees, fines, costs or restitution and satisfied all terms of imprisonment.
The July 6 letter from Assistant Director of Elections Peyton Murphy said the Arkansas Crime Information Center provided the felon data, which had previously been provided by Arkansas Community Correction. The letter said the Amendment 51 provision dealing with the state's computerized voter registration list requires the center, the state's repository for criminal records, to supply the felon list.
The state constitution says the computerized list shall be "coordinated with other state agency records on felony status as maintained by the Arkansas Crime Information Center."
Brad Cazort, Arkansas Crime Information Center repository administrator, said Wednesday that the center is required by law to list all adult felony convictions in its database. The names of the convicted aren't removed after a pardon or discharge of sentence, Cazort said, but the change of status is reflected.
Smith said she's vetting the list she received from the secretary of state's office through Arkansas Community Correction, the state agency that oversees probationers and parolees, and is waiting on a response.
"I'd rather be safe than sorry," she said.
An Aug. 9 letter from Chief Deputy Secretary of State Kelly Boyd recommends that county clerks wait to remove the names until more reliable information is available.
The letter said: "We believe it is best for the clerks to refrain from deeming voters ineligible based on the ACIC felon data alone. We believe you should only deem a voter ineligible if you independently confirm the voter has been convicted of a felony and has not had voting eligibility restored under Amendment 51 through pardon or discharge of sentence."
State Desk on 09/02/2016