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Frequently asked questions from voting to marriages


: Who, when and for what cause is a voter regis- tration canceled in the State of Arkansas? Can a

felon ever vote in Arkansas? Te answer to all of these questions can be found in the Arkansas Con- stitution. Te reasons are listed in the first part of Amendment 51 Section 11 to the Arkansas Constitution that was passed Nov. 3, 1964. I should note the legislature has amended the enacting legislation for this section at least 11 times since 1977. One of the reasons for losing a right to vote (or having your voter registration canceled) is the conviction of a felony. However it must be noted that in this same amendment that a felon can regain the right to vote and the requirements are stated in (d)(2)(A) and upon compliance is deemed eligible to register to vote. Ark. Const. Amendment 51, § 11 (2012) § 11. Cancellation of registration. (a) It shall be the duty of the permanent registrar to cancel the

registration of voters: (1) Who have failed to respond to address confirmation mailings described in section 10 of this amendment and have not voted or appeared to vote in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for fed- eral office that occurs after the date of the address confirmation notice; (2) Who have changed their residence to an address outside

the county;

(3) Who have died; (4) Who have been convicted of a felony and have not dis- charged their sentence or been pardoned; (5) Who are not lawfully qualified or registered electors of this

state or of the county; or (6) Who have been adjudged mentally incompetent by a court

of competent jurisdiction. (b) It shall be the duty of the permanent registrar of each county

upon the registration of a person who has been registered previously in another county or state to notify promptly the permanent registrar of such other county or state of the new registration. (c) (1) It shall be the duty of the State Registrar of Vital Records

to notify promptly the Secretary of State of the death of all residents of this state.

(2) (A) Te Secretary of State shall compile a listing

of the deceased residents of this state and shall promptly provide this listing to the permanent registrar of each county. (B) Te deceased voter registration shall be can-

celled by the permanent registrar. (d) (1) It shall be the duty of the circuit clerk of each county upon the conviction of any person of a felony to notify promptly the per- manent registrar of the county of residence of such convicted felon. (2) (A) It is the duty of any convicted felon who de-

sires to register to vote to provide the county clerk with proof from the 12

appropriate state or local agency, or office that the felon has been discharged from probation or parole, has paid all proba- tion or parole fees, or has satisfied all terms of imprisonment, and paid all applicable court costs, fines, or restitution. (B) Proof that the felon has been

discharged from probation or parole, paid all probation or parole fees, or satisfied all terms of imprisonment, and paid all appli- cable court costs, fines, or restitution shall be provided to the felon after completion of the probation, parole, or sentence by the Department of Correction, the Department of Community Correction, the appropriate probation office or the circuit clerk as applicable. (C) Te circuit clerk or any other entity responsible for collec-

Wes Fowler Government Relations Director

tion shall provide proof to the Department of Correction, the Department of Community Correction, or the appropriate probation office that the felon has paid all applicable court costs, fines, or restitution.

(D) Upon compliance with subdivision (d)(2)(A) of this sec- tion, the felon shall be deemed eligible to vote.

that were adopted by the legislature become law? Te general rule about when an act that was passed becomes law is as


follows: Some acts have a specified effective date in the law; if so, these acts are effective on that date. Many acts have an emergency clause, which make the act effective on the date it is signed by the Governor or becomes law without the Governor’s signature. Appropriation acts are effective the first day of the fiscal year. Te fiscal year for the State of Arkansas is July 1st – June 30th. General acts that contain none of the above are effective 90 days after the General Assembly adjourns “sine die”. At the time of this article according to HCR 1003; the day the general assembly will “sine die” the 89th General Assembly is set for May 17, 2013. If this date holds to be true the 90 days will have passed on August 16, 2013.


: Can a justice of the peace perform a wedding ceremony outside their district or the county? Te quick answer is yes. In A.C.A. 9-11-213 it states who may sol-

emnize marriages within the State of Arkansas. (See last note) In A.C.A. 9-11-213 (a)(4) it states. “Any justice of the peace, including any former justice of the peace who served at least two (2) terms since the passage of Arkansas Constitution, Amendment 55.;” Tis was amended by Act 98 of 2007 which deleted “of the county where the marriage is solemnized” fol-

“FAQs” Continued to Next Page >>> COUNTY LINES, SPRING 2013

: With the regular session of the 89th General Assembly now at an end, when do all these acts

FAQs: Frequently Asked Questions

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