Article 3 – Franchise and Elections – Arkansas Constitution

§ 1.   Qualifications of electors.

Except as otherwise provided by this Constitution, any person may vote in an election in this state who is:

  • A citizen of the United States;
    • A resident of the State of Arkansas;
    • At least eighteen (18) years of age; and
    • Lawfully registered to vote in the election. [As amended by Const. Amend. 85.]

§ 2.   Right of suffrage.

Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby such right shall be impaired or forfeited, except for the commission of a felony, upon lawful conviction thereof. [As amended by Const. Amend. 85.]

§ 3.   [Repealed.]

§ 4.   Privilege of electors from arrest.

Electors shall, in all cases (except treason, felony and breach of the peace,) be privileged from arrest during their attendance at elections, and going to and from the same.

§ 5.   [Repealed.]

§ 6.   Violation of election laws — Penalty.

Any persons who shall be convicted of fraud, bribery, or other willful and corrupt violation of any election law of this State, shall be adjudged guilty of a felony, and disqualified from holding any office of trust or profit in this State.

§ 7.   Soldiers and sailors — Residence — Voting rights.

No soldier, sailor, or marine, in the military or naval service of the United States, shall acquire a residence by reason of being stationed on duty in this State.

§ 8.   Time of holding elections.

The general elections shall be held biennially, on the days and at times fixed by the General Assembly. [As amended by Const. Amend. 85.]

§ 9.   Testimony in election contest — Self-incrimination.

In trials of contested elections and in proceedings for the investigation of elections, no person shall be permitted to withhold his testimony on the ground that it may criminate himself or subject him to public infamy: but such testimony shall not be used against him in any judicial proceeding, except for perjury in giving such testimony.

§ 10.   Election officers.

The General Assembly shall determine the qualifications of an election officer. [As amended by Const. Amend. 85.]

§ 11.   Votes to be counted.

If the officers of any election shall unlawfully refuse or fail to receive, count, or return the vote or ballot of any qualified elector, such vote or ballot shall nevertheless be counted upon the trial of any contests arising out of said election.

§ 12.   Elections by representative — Viva voce vote.

All elections by persons acting in a representative capacity shall be viva voce.

Leave a Reply