The Short Answer: Drop Boxes Are Banned
The most important rule for Arkansas voters to understand is straightforward: standalone, unstaffed ballot drop boxes are prohibited in the state. Following the 2020 election, Arkansas joined a number of states in passing new election laws, including Act 353 of 2023, which explicitly forbids their use. The law states that no election official can establish or use a drop box for collecting absentee ballots. This means voters will not find the secure, 24/7 receptacles that are available in states like California or Colorado. The state’s approach is a direct response to national debates over election security, with proponents arguing the ban is necessary to prevent potential fraud and build confidence in the system. Critics, however, contend that it removes
a convenient option for voters.
So, How Can You Return a Ballot?
Without drop boxes, Arkansas voters who receive an absentee ballot have two primary ways to return it: by mail or by hand-delivery to their county clerk's office. It is crucial to note the different deadlines. If sent via mail, the ballot must be received by the county clerk by 7:30 p.m. on Election Day. Postmarks do not count. For voters who prefer to deliver their ballot in person, the deadline is even earlier. Under Act 973 of 2021, hand-delivered ballots must be returned to the county clerk's office by the close of business on the Friday before the election. This earlier cutoff for in-person returns is a significant change from previous election cycles and requires voters to plan ahead.
Who Can Hand-Deliver a Ballot?
The rules for hand-delivering a ballot are also tightly controlled. A voter can deliver their own ballot to the county clerk. Alternatively, they can use a 'designated bearer'. However, this bearer must be named on the voter's absentee ballot application. The state has also cracked down on what it terms 'ballot harvesting'. Act 736 of 2021 established that possessing more than four absentee ballots is presumed to be election fraud. These laws are part of a suite of regulations passed in 2021, which also included stricter photo ID requirements and rules for signature matching on absentee materials. The Arkansas Supreme Court upheld the constitutionality of these laws in a May 2024 ruling, stating that while the right to vote is fundamental, the right to vote in a particular manner is not guaranteed.
The 'Why' Behind the Strict Rules
The legislative push to ban drop boxes and tighten other absentee voting rules in Arkansas was framed by supporters as a necessary step for 'election integrity'. Proponents argued that unmonitored drop boxes could invite tampering and undermine public trust in election outcomes. During legislative debates, the argument was made that banning drop boxes would make it harder for bad actors to commit fraud, even though opponents pointed to a lack of widespread fraud in the state. On the other side of the issue, voting rights organizations and some lawmakers argued that such restrictions place an unnecessary burden on voters, particularly those with disabilities, transportation issues, or inflexible work schedules. They contend that secure, well-monitored drop boxes offer a safe and reliable option that is less subject to postal delays.
