Destruction of a ballot or ballot materials — Prohibited — Definitions

1. Law
2. Arkansas Code
3. Elections
4. General Provisions
5. Destruction of a ballot or ballot materials — Prohibited — Definitions

1. (a) A person shall not knowingly destroy a ballot or ballot-related material required to be preserved by law until after:

   1. (1) Two (2) years after the certification of the results of the election; and

   2. (2) The county board of election commissioners has entered an order, created a record to be maintained, and filed the order for destruction of the ballot or ballot-related material.

2. (b)

   1. (1) As used in this section, “ballot or ballot-related material” means a ballot or other form that is:

      1. (A) Provided to a person representing himself or herself as the voter or his or her agent by a county clerk, member of a county board of election commissioners, or poll worker; and

      2. (B) Returned by the person representing himself or herself as a voter or his or her agent for the purpose of voting in an election.

   2. (2) “Ballot or ballot-related material” includes without limitation:

      1. (A) A ballot that has been completed, cast, abandoned, or spoiled;

      2. (B) A ballot stub or certificate from a ballot that has been completed, cast, abandoned, or spoiled;

      3. (C) A voter statement that has been submitted to the county clerk;

      4. (D) An envelope that contains a ballot;

      5. (E) An affidavit provided to the county clerk;

      6. (F) An absentee ballot list maintained under § 7-5-416;

      7. (G) An absentee ballot application; and

      8. (H) A list of applications for an absentee ballot under § 7-5-408.

3. (c) A person who is convicted under this section is guilty of an unclassified felony and shall:

   1. (1) Be sentenced to a term of no less than one (1) year and no more than six (6) years; and

   2. (2) Pay a fine of up to ten thousand dollars ($10,000).

Download our app to see the most-to-date content.