State Summary
Under Ark. Code § 7-4-121, the State Board of Election Commissioners (SBEC) is required to audit the results of each general election. To complete the audit, the State Board selects by lot the counties, polling sites, early voting locations, and vote centers to be audited, selecting enough of each “to obtain a meaningful sample.” Ark. Code § 7-4-121(a)(2)(B). The counties to be audited must be selected no less than 60 days after the election, and the audit has no legal effect on the outcome of the election.
The first audit under the audit law was conducted after the 2020 general election as a pilot program. Post-Election Audit Report 2020 Pilot Program.
Unless otherwise noted, Ark. Code § 7-4-121 is used to provide audit information.
Voting Systems Used
Most Arkansas counties use ballot marking devices and optical scanners for all in-person voters. A few counties use hand-marked paper ballots and optical scanners, with ballot marking devices for accessibility. For the most up to date information please visit Verified Voting’s Verifier.
For an explanation on the types of voting equipment used, click here.
Audit Comprehensiveness
The audit statute specifies that early voting centers are included but does not provide guidance on whether absentee or provisional ballots are included. In practice, it appears that absentee ballots are eligible to be included in the audit. For instance, see the 2024 Preferential Primary Audit Report.
Transparency
The audit report must be made public. Ark. Code § 7-4-121(a)(2)(E). Previous audit reports are available on the SBEC website. The statute does not provide guidance on whether the public is allowed to observe the audit or whether they can check ballot marks.
Audit Counting Method
Counting is conducted manually.
Type Of Audit Units
The audit units are precincts. A sufficient number of early voting locations, polling sites, and vote centers may be used to obtain a meaningful sample. Ark. Code § 7-4-121(a)(2)(B).
Contests & Issues Audited
An audit takes place after each primary and general election. Ark. Code § 7-4-12(a)(1)1. There is no statutory guidance on the issues and contests eligible for audit.
Addressing Discrepancies
Arkansas statute does not provide guidance on handling discrepancies.
For recount laws, please visit our Recount Law Database.
Timeline
Counties to be audited are selected no less than sixty days following the date of the general election.
Binding On Official Outcomes
The post-election audit has no legal effect on the outcome of any election subject to the audit. Ark. Code § 7-4-121(a)(2)(E).
Oversight & Conduct
The SBEC is responsible for auditing elections. Ark. Code § 7-4-121(a)(1). The secretary of state may provide additional staff to assist with the audit. Ark. Code § 7-4-121(a)(3).
Ballot Protection
For 20 days, the county board of election commissioners shall retain the custody of ballots in an appropriately marked, sealed container, after which time they shall be stored in a secure location in the county courthouse or other county storage facility for two years after the election, except under certain circumstances, including if the election results are being audited. For more information, see Ark. Code § 7-5-702; see also Ark. Code § 7-4-121(b)(1).
County election records must be securely maintained throughout the audit. Ark. Code § 7-4-121(a)(2)(F).
Additional Targeted Samples
The audit statute does not provide for targeted samples.
Resources
Ark. Code § 7-4-121: Audit statute
Ark. Code § 7-5-702: Ballot protection
Last updated: October 30, 2024