Arkansas Recount Laws

Statutes specify that recount must be public Party/candidate or initiator has statutory authority to appoint observers No statutory guidance for recount challengers Section 7-5-603, “Counting paper ballots at the polling site,” Subsection (5)(A), states that “The counting of ballots shall be open to the public.” While it does not explicitly mention recounts, as recounts clearly include counting of ballots, presumably this statute extends to recounts in addition to the initial counting process. Subsection (5)(B) and (5)(C) of Section 7-5-603 also allow for representatives of candidates and political parties to be present when ballots are counted and to “inspect any or all ballots” after they have been counted. Again, this presumably extends to recounts. While these representatives are allowed to inspect the ballots, there is no mention made of their ability to challenge ballots. Similarly, Section 7-5-312, “Challenge of voter's ballot by poll watchers, candidates, or designees,” details the procedure by which candidates, their representatives, and the representatives of either political parties or groups sponsoring a measure on the ballot, may designate poll watchers, as well as the role poll watchers may play. But although poll watchers representing candidates may be present during counting, the only mention of their ability to challenge a ballot is at the poll site, before the vote is cast.