State Summary
Arkansas statute does not provide for automatic recounts. Candidates may request a recount for any election in which they received votes. County boards of election commissioners may also conduct recounts at their discretion. State law does not specify a completion deadline for recounts. Ballots are recounted in the same manner as the initial count, primarily through retabulation.
Counting Method
Mix of hand count and retabulation
For a recount of an election in which paper ballots are used, the county board will recount the ballots in the same manner as the initial count. In practice, this is usually a retabulation of the ballots unless there is a determination by the county board that the voting machine or electronic vote tabulating device may be malfunctioning, in which case it may recount the ballots by any manner prescribed by law. A.C.A. § 7-5-319(c).
Initiating Mechanisms
Candidate-initiated
Election official-initiated
Close Vote Margin Options
Initiated by request
Arkansas law does not provide for a close vote margin with respect to recounts.
Candidate-Initiated Options
Candidate determines how many/which precincts to recount
Any candidate who received votes in the election who may be dissatisfied with the returns from any precinct may obtain a recount in the requested precincts upon the submission of the petition requesting the recount. There are no restrictions regarding the type of election in which a recount may be requested. A.C.A. § 7-5-319(c).
A county election commission may also initiate a recount without a request from a candidate. A.C.A. § 7-5-319(b).
Voter-Initiated Options
Arkansas law does not provide for voter-initiated recounts.
Cost for Candidate-Initiated Recounts
Payor of costs depends on outcome
Prior to the recount, the petitioner pays a deposit that is based on the actual costs of the recount as determined by the county board; however, these costs cannot exceed $0.25 per vote cast in the precincts where the recount is requested, or a total of $2500 for the entire county, whichever is less. If the recount alters the outcome of the election, the petitioner's deposit is refunded. A.C.A. § 7-5-319(f) & (g).
For recounts initiated at the discretion of a county board of commissioners, the county bears all costs associated with the recount. County Board of Election Commissioners Procedures Manual (p. 100).
Cost for Voter-Initiated Recounts
Arkansas law does not provide for voter-initiated recounts.
Challengers and Observers
No guidance on challengers or observers; recount must be public
The county board of election commissioners conducts the recount, and these meetings are subject to the public meeting requirements of the Arkansas Freedom of Information Act.A.C.A. § 7-4-105(b).
See also the County Board of Election Commissioners Procedures Manual (p. 19): “When official business is conducted in any meeting of two (2) or more members of the county board of election commissioners, the meeting must be public and held pursuant to the Freedom of Information Act of 1967…. Public meetings as defined under the Arkansas Freedom of Information Act include without limitation…[the] Canvassing and certification of a recount.”
Rules for Determining Voter Intent
See the summary of rules for determining voter intent in the State Board of Election Commissioners' document, "Rules for Voter Intent."