Does Arkansas require county election commissioners to put a polling place inside every small town or city?

Plain-English summary

Representative Jack Ladyman raised the kind of question that arises every time a small Arkansas community sees its polling site disappear or move outside its borders. He asked whether a county board of election commissioners (CBEC) is required to put a polling location in (1) an incorporated town, (2) a city of the second class, or (3) a place defined by population or geography.

AG Leslie Rutledge worked through three separate statutory regimes.

Question 1: Incorporated towns. No. Ark. Code Ann. § 7-5-101 grants CBECs broad authority over the number and location of polling sites. The statute requires only that every precinct be assigned to a polling site (which may serve multiple precincts) and that no precinct contain more than 3,000 registered voters. It does not require a polling site in every incorporated town. Other location-specific statutes (school elections under § 6-14-106, additional early-voting sites under § 7-5-418(b), primary elections under § 7-7-202(d)) likewise do not impose that requirement.

Question 2: Cities of the second class. Maybe. Ark. Code Ann. § 14-44-103, which governs how cities of the second class elect their council members, requires election commissioners to ensure "that the qualified electors of each ward have at least one (1) voting precinct in each ward where the resident electors of the ward may cast their ballots." The statute uses "voting precinct," but reading it together with § 7-5-101 (which permits precincts to share polling sites) requires reading "voting precinct" to mean at least one place in the ward where voters can vote. Otherwise the phrase "where the resident electors of the wards may cast their ballots" becomes superfluous, contrary to MacSteel Div. of Quanex v. Ark. Okla. Gas Corp., 363 Ark. 22, 210 S.W.3d 878 (2005). So the AG concluded each ward should have at least one polling site.

Two exceptions narrow that rule. First, Ark. Code Ann. § 14-44-103(b)(1)(C)(ii) excuses the per-ward requirement when the county has established a vote center under § 7-5-101. Second, § 14-44-103(d) lets cities that elect council members at-large have "one (1) public place only for holding elections," and that one place need not be inside the city itself. The AG also cautioned that § 14-44-103 only governs city-council elections; for other elections the CBEC has broader discretion, although various practical constraints (notice requirements, unanimous-vote rules under § 7-5-101(a)(2), § 7-5-101(d)(3) notice timelines) make CBECs unlikely to remove second-class-city polling sites for non-council elections.

Question 3: Population and geographic boundaries. Yes. Several statutes impose population or geographic requirements:

• § 7-5-101(b)(3): no precinct may exceed 3,000 registered voters; if it does, redistrict at least 120 days before the next election.
• § 14-44-103: voting precinct in each ward of a second-class city (with the noted exceptions).
• § 14-43-307: similar rules for cities of the first class. CBECs can reduce voting sites in a first-class city only by unanimous vote, only if the city's most-recent-decennial population is 5,000 or less, and only if the county has a vote center.
• § 6-14-106: when a school district has territory in more than one county, the domicile-county CBEC must designate one or more polling sites in each county containing a city of the second class or larger if the school election is held standalone (not concurrent with a primary or general). The CBEC must also consult each school district about polling-site number and location.

The opinion is a useful map for citizens, councils, and election commissioners trying to figure out whether the disappearance of a local polling site is legal or actionable.

Currency note

This opinion was issued in 2020. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What is a 'vote center,' and how does it change polling-place requirements?
A vote center is a polling place where any registered voter in the county can cast a ballot, regardless of which precinct they live in. Once a county has established vote centers under § 7-5-101, the per-ward polling-site requirement of § 14-44-103(b)(1)(C)(i) drops away. The statutory rationale is that vote centers solve the access problem differently than per-ward sites.

Why does a city electing council members at-large get to use only one polling place?
Section 14-44-103(d) provides for that, and previous Op. Att'y Gen. 95-123 (cited by the AG here) had blessed it. The logic: at-large elections do not turn on ward boundaries, so the per-ward access guarantee in § 14-44-103(b)(1)(C)(i) doesn't apply. The "one public place" can also be outside the city limits.

What happens when a precinct gets too big?
The 3,000-voter cap in § 7-5-101(b)(3) requires redistricting at least 120 days before the next election. The CBEC has to subdivide or redraw lines so no precinct exceeds the cap. That is a hard rule, not a guideline.

What stops a CBEC from arbitrarily moving polling sites?
Several procedural constraints. As the opinion explains in footnote 14, § 7-5-101(d)(1) generally keeps the polling sites used at the preceding general election unless the CBEC orders a change. Section 7-5-101(a)(2) generally requires a unanimous vote of the commissioners present to change a site. For ordinary elections, § 7-5-101(d)(3)(A) requires notice posted at the former site and mailed by the county clerk to affected registered voters at least 15 days before the election. For school elections, special elections, and emergencies, the opinion says notice of a change is posted at the former site. City council elections generally occur every two years.

Does this help a small-town voter who lost their polling site?
The opinion gives the legal vocabulary: identify the relevant statute (§ 7-5-101, § 14-44-103, § 14-43-307, or § 6-14-106), check whether the change followed unanimous-vote and notice rules, and check whether per-ward rules apply (which depend on city class and vote-center status). It does not promise a specific remedy.

Background and statutory framework

Arkansas's election-precinct and polling-site law is split across several statutes, each with its own scope.

Ark. Code Ann. § 7-5-101 is the umbrella statute. Subsection (a)(1) charges CBECs with establishing precincts and designating polling sites. Subsection (a)(1)(B)(ii) allows polling sites to serve multiple precincts. Subsection (b)(3) caps precincts at 3,000 registered voters. Subsection (a)(2) requires unanimous CBEC votes to change polling sites. Subsection (d)(1) defaults polling sites to the prior general election's sites. Subsection (d)(3) governs notice.

Ark. Code Ann. § 14-44-103 governs second-class city council elections and requires per-ward voting precincts. § 14-44-103(d) covers at-large councils. The statute traces back to Act 184 of 1953, which used "voting precinct" because at that time precincts could not share polling sites; § 7-5-101 was amended in 1995 by Act 7 of 1995 (1st Ex. Sess.), § 1, to allow shared sites. That history explains the terminology disconnect.

Ark. Code Ann. § 14-43-307 governs first-class city council elections, with parallel per-ward rules and an additional voting-site reduction limit (unanimous vote, population ≤ 5,000, vote-center in county).

Ark. Code Ann. § 6-14-106 governs school-election polling sites, with multi-county school district rules.

Citations

Statutes:

• Ark. Code Ann. § 7-5-101 (Repl. 2018) (CBEC duties and polling-site rules)
• Ark. Code Ann. § 7-5-101(a)(1) (designation of precincts and polling sites)
• Ark. Code Ann. § 7-5-101(a)(1)(B)(i)-(ii) (precinct must be assigned to a polling site; sites may serve multiple precincts)
• Ark. Code Ann. § 7-5-101(a)(2) (unanimous vote to change polling site)
• Ark. Code Ann. § 7-5-101(b)(3) (3,000-voter cap)
• Ark. Code Ann. § 7-5-101(d)(1), (3) (default polling sites and notice rules)
• Ark. Code Ann. § 6-14-106 (Supp. 2019) (school-election polling sites)
• Ark. Code Ann. § 7-5-418(b) (Repl. 2018) (early-voting sites)
• Ark. Code Ann. § 7-7-202(d) (Repl. 2018) (primary election polling sites)
• Ark. Code Ann. § 14-43-307 (Supp. 2019) (first-class city council elections)
• Ark. Code Ann. § 14-44-103 (Supp. 2019) (second-class city council elections)
• Ark. Code Ann. § 14-44-103(b)(1)(C)(i) (voting precinct in each ward)
• Ark. Code Ann. § 14-44-103(b)(1)(C)(ii) (vote-center exception)
• Ark. Code Ann. § 14-44-103(d) (at-large council, one public place)

Cases:

• MacSteel Div. of Quanex v. Ark. Okla. Gas Corp., 363 Ark. 22, 210 S.W.3d 878 (2005) (statutory construction; no word void or superfluous)

Prior opinion referenced:

• Op. Att'y Gen. 95-123 (one polling place permitted for at-large second-class city elections)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2019-076
September 1, 2020
STATE OF ARKANSAS
THE ATTORNEY GENERAL
LESLIE RUTLEDGE
The Honorable Jack Ladyman
State Representative
2204 Doral Drive
Jonesboro, AR 72404

Dear Representative Ladyman:

This is in response to your request for an opinion concerning the duties of county boards of election commissioners pursuant to Ark. Code Ann. § 7-5-101. Your correspondence provides the following background:

> A question of application arises when an incorporated town, city of the second class, or other small community has a small population and no guarantee is present in the code that the county board of election commissioners will unanimously maintain or establish a polling place in that incorporated town, city of the second class, or other small community.

In light of the foregoing, you have asked the following questions:

1. Is a county board of election commissioners required to establish a polling location within the jurisdiction of an incorporated town?
2. Is a county board of election commissioners required to establish a polling location within the jurisdiction of a city of the second class?
3. Is a county board of election commissioners required to establish a polling location based on a specific population or geographic boundary within the county?

RESPONSE

In response to your first question, no, there is no statutory requirement that a county board of election commissioners (CBEC) establish a polling site within an incorporated town. Regarding your second question, a CBEC might be required to establish polling sites within a city of the second class. The question turns on how the city elects its council members and whether the CBEC has established a vote center in the county. With respect to your third question, yes, there are some population and geographic requirements relating to the establishment of polling sites within a county. These requirements are discussed below.

DISCUSSION

Question 1: Is a county board of election commissioners required to establish a polling location within the jurisdiction of an incorporated town?

The legislature has charged CBECs with the duty to establish election precincts and to designate polling sites. Arkansas Code section 7-5-101 outlines the procedures and timelines that CBECs must follow when establishing or altering precinct boundaries or polling sites. However, the statute generally grants CBECs broad authority to determine the number and location of polling sites in their respective counties. Section 7-5-101 only requires that every precinct be assigned to a polling site, whether or not the polling site is located within the precinct, and that no precinct may contain more than 3,000 registered voters. Precincts that contain more than 3,000 registered voters must be redistricted at least 120 days before the next election. There is no requirement that a CBEC establish a polling site in every incorporated town in the county, either in this statute or any of the other statutes that discuss the designation or location of polling sites.

Question 2: Is a county board of election commissioners required to establish a polling location within the jurisdiction of a city of the second class?

Although section 7-5-101 does not require the establishment of polling sites in cities of the second class, Ark. Code Ann. § 14-44-103, which governs the election of council members in cities of the second class, does contain such a requirement in certain circumstances. Specifically, the statute directs election commissioners to "ensure that the qualified electors of each ward have at least one (1) voting precinct in each ward where the resident electors of the ward may cast their ballots."

Because the statute uses the term "voting precinct" rather than "polling site," and because section 7-5-101 authorizes precincts to share polling sites, one might question whether the establishment of a polling site in each ward is actually required. However, statutes must be construed so that no word is left void, superfluous, or insignificant; and meaning and effect should be given to every word in the statute if possible. In this case, if one reads subdivision 14-44-103(b)(1)(C)(i) to mean that wards may share polling sites, the phrase "where the resident electors of the wards may cast their ballots" becomes void. This phrase plainly indicates that there must be at least one location in each ward where voters can cast their ballots. It reasonably follows that at least one polling site should be located in each ward.

There are two exceptions to the requirement that cities of the second class provide electors with polling sites in each ward. The first exception is for vote centers. If the county in which the city is situated has established a vote center under Ark. Code Ann. § 7-5-101, then Ark. Code Ann. § 14-44-103(b)(1)(C)(i) does not apply.

The second exception is for cities that elect their council members citywide. These cities "may have one (1) public place only for holding elections." There is no requirement that this public place be located within the city itself.

A final caveat attends the requirement for CBECs to establish polling locations within cities of the second class. Section 14-44-103 only applies to the election of city council members. Practically speaking though, a number of factors make it unlikely that a CBEC would choose to remove polling places from second-class cities in elections not involving city council members.

Question 3: Is a county board of election commissioners required to establish a polling location based on a specific population or geographic boundary within the county?

Several statutes that address the establishment of polling sites or voting precincts contain requirements relating to population or geographic boundaries. I have already mentioned Ark. Code Ann. § 7-5-101(b)(3), which limits the population of voting precincts to 3,000 registered voters, and section 14-44-103, which requires, with the aforementioned exceptions, a voting precinct in each ward of a second-class city.

Section 14-43-307, which governs the election of council members in cities of the first class, contains similar provisions to those found in section 14-44-103. Section 14-43-307 also imposes additional requirements on CBECs. They can only reduce the number of voting sites in a first class city if they do so by unanimous vote, if the city has a population of 5,000 or less in the most recent federal decennial census, and if the county in which the city is situated has a vote center.

Finally, Ark. Code Ann. § 6-14-106, which governs polling places in school elections, also contains requirements relating to population and geographic boundaries. Specifically, if a school district has territory in more than one county, the CBEC of the domicile county (the county where administrative headquarters is located) must designate one or more polling sites in each county in which the school district has territory containing a city of the second class or larger if the school election is held on a date on which no other elections are held. The CBEC is also required to consult with each school district regarding the number of polling sites to designate for each school district and the location of the sites.

Sincerely,

LESLIE RUTLEDGE
Attorney General

Footnotes from the official opinion PDF (the public search index's text omits them):

1. Ark. Code Ann. § 7-5-101(a)(1) (Repl. 2018).
2. Id. at § 7-5-101(a)(1)(B)(i).
3. See Ark. Code Ann. § 7-5-101(a)(1)(B)(ii) ("A polling site may serve two (2) or more precincts, including parts of precincts.").
4. Id. at § 7-5-101(b)(3).
5. Id.
6. See, e.g., Ark. Code Ann. §§ 6-14-106(a) (Supp. 2019) (addressing the establishment of polling sites for school elections); 7-5-418(b) (Repl. 2018) (addressing the establishment of additional polling sites outside the offices of the county clerk for purposes of early voting); 7-7-202(d) (Repl. 2018) (addressing the establishment of polling sites for primary elections).
7. Ark. Code Ann. § 14-44-103(b)(1)(C)(i) (Supp. 2019). Even though this subdivision uses the phrase "election commissioners in the city," it clearly refers to election commissioners from the local CBEC, given the CBEC's authority to establish election precincts, alter precinct boundaries, and designate polling sites within the boundaries of its county. See Ark. Code Ann. § 7-5-101(a)-(b). Furthermore, there is no statutory authority for the creation of a "city board of election commissioners."
8. See, e.g., MacSteel Div. of Quanex v. Ark. Okla. Gas Corp., 363 Ark. 22, 210 S.W.3d 878 (2005).
9. Prior to 1995, Ark. Code Ann. § 7-5-101 did not include any language allowing for voting precincts to share polling sites. Instead, the statute required CBECs to fix a separate polling site in each precinct. See, e.g., Op. Att'y Gen. 95-123. Section 7-5-101 was amended in 1995 to allow polling sites to serve two or more precincts. See Act 7 of 1995 (1st Ex. Sess.), § 1. The language in Ark. Code Ann. § 14-44-103(b)(1)(C)(i), requiring the qualified electors of each ward to have at least one voting precinct in each ward where they may cast their ballots, first appeared in Act 184 of 1953, § 3. This likely explains why the legislature used the phrase "voting precinct," rather than "polling site," in what would eventually become subsection 14-44-103(b)(1)(C)(i). When Act 184 was enacted in 1953, there was no provision in law allowing for voting precincts to share polling sites. This, in essence, required each precinct to have its own polling site.
10. Ark. Code Ann. § 14-44-103(b)(1)(C)(ii).
11. Section 14-44-103 offers cities of the second class three options for electing city council members. City voters at large may elect the council members. Ark. Code Ann. § 14-44-103(b)(1)(A). They may be elected only by voters from the wards they represent. Id. at § 14-44-103(c)(1)(A). Or one council member from each ward may be elected by city voters at large, while the other council member from that ward is elected only by voters from that ward. Id. at § 14-44-103(e)(1)(B)(ii). This latter exception applies to cities that choose the first option.
12. Ark. Code Ann. § 14-44-103(d).
13. See Op. Att'y Gen. 95-123 (opining that a CBEC is not legally required to provide a polling place within the city limits of a recently incorporated city of the second class when that city elects all of its city council members, then called "aldermen," at large).
14. First, there are several restrictions on changing polling locations. Subsection 7-5-101(d)(1) provides: "Except for school elections under § 6-14-106, the polling sites for each election shall be the same as those established for the immediately preceding general election unless changed by order of the county board of election commissioners." If the CBEC does wish to change a polling site, it must do so by "a unanimous vote of the members of the county board of election commissioners present," except as provided in section 6-14-106. Ark. Code Ann. § 7-5-101(a)(2). Second, notice must be provided each time a polling site is changed. Notice must be made by posting at the polling site used in the last election and by the county clerk mailing notice to affected registered voters at least fifteen days before the election, unless the election is a school election, a special election, or an emergency. Ark. Code Ann. § 7-5-101(d)(3)(A). In those situations, notice of a change shall be made by posting information at the polling site used in the last election. Ark. Code Ann. § 7-5-101(d)(3)(B). Finally, the election of council members occurs relatively frequently. Voters elect two city council members from each ward every two years. Ark. Code Ann. § 14-44-103(a)(1). The council members hold two-year terms, unless voters approve an ordinance allowing the council members to hold four-year terms. Ark. Code Ann. § 14-44-103(a)(4)(B). Even if such an ordinance is approved, the terms of the city council members are staggered, such that voting still occurs every two years. Ark. Code Ann. § 14-44-103(a)(5)(B).
15. See Ark. Code Ann. § 14-43-307(a)(1) (Supp. 2019) (stating that candidates for council shall reside in the ward from which they seek to be elected and shall run at large); Ark. Code Ann. § 14-43-307(a)(2)(B)(i)(a) (requiring, with limited exception, election commissioners in these cities to make provisions so that the qualified electors of each ward have at least one voting site in each ward where they may cast their ballots); Ark. Code Ann. § 14-43-307(b)(1)(A) (allowing for a city council or the governing body of a city in transition to the mayor-council form of government to provide by ordinance that all council members be elected by ward); Ark. Code Ann. § 14-43-307(b)(1)(B)(ii) (allowing the city council of these cities to provide for the election of one council member from each ward citywide and the other council members from each ward by the voters of the ward only).
16. Ark. Code Ann. § 14-43-307(a)(2)(B)(i)(b).
17. Ark. Code Ann. § 6-14-106(b). If the annual school election is held at the same time as the preferential primary election or general election, its polling sites shall be the same as the polling sites for the primary or general election. Ark. Code Ann. § 6-14-106(a)(5).
18. Ark. Code Ann. § 6-14-106(a)(2).