State election board fulfills voter-ID law

OK puts requirement in poll rules

Friday, August 23, 2013

The state Board of Election Commissioners on Wednesday approved changes to the state’s voter-identification rules to bring them in line with legislation passed earlier this year that requires proof of identity at the polls.

The board unanimously approved a rule that states that now proof of identification “shall be used to verify the name and appearance of the voter.”

Act 595, sponsored by Sen. Bryan King, R-Green Forest, was approved by the Legislature earlier this year over Gov. Mike Beebe’s veto.

The new law requires voters to provide proof of identity at the polls and directs the secretary of state to provide voter-identification cards for voters who do not have a form of identification.

In the past, poll workers were supposed to request proof of identity, but failing to provide it did not prevent a person from casting a ballot.

Secretary of State Mark Martin signed a $114,975 contract Tuesday with Little Rock-based AAMSCO Identification Products Inc. for 98 “voter ID badge systems” to produce the identification cards. The office will also use existing office funds that had been allocated for the cards to advertise the new law’s requirements.

People living in long-term or residential-care facilities are not required to provide proof of identity under the new law if an administrator of the facility provides documentation that they are a resident. The new rule approved by the board reflects that caveat.

The board rejected one section of the rule as it was proposed that required the secretary of state to provide instructions on identification requirements on absentee-ballot applications.

Jefferson County Election Commissioner Stu Sofferquestioned the board’s authority to instruct the secretary of state to do something and suggested striking the language.

“I don’t think we can be telling a constitutional officer what to do. We can ask, we can ask nicely, we can put it in a letter,” Soffer said.

Tim Humphries, the board’s legal counsel, said Arkansas Code Annotated 7-4-101 gave the board the authority to establish rules for elections, including ordering the secretary of state to provide certain information. That section of the code states in part that the board has the authority to “formulate, adopt and promulgate all necessary rules to assure even and consistent application of voter registration laws and fair and orderly election procedures.”

Martha Adcock, a staff attorney for the secretary of state’s office, said shethought the rule went beyond the board’s authority. The rule would also require additional funding for the office because the ballot applications would have to be reworked, she said.

The board voted to instead send a letter to the secretary of state’s office requesting it notify the county clerks of the requirements for absentee-voter identification.

Northwest Arkansas, Pages 11 on 08/23/2013