Frequently Asked Questions


Choose a Frequently Asked Questions category:


Elections

Q:

What are the qualifications for those who were born outside of the U.S. to be able to vote in the state of Arkansas?

A:

If a person is a naturalized U.S. citizen, at least 18 years old, is an Arkansas resident, is not a felon who has not discharged their sentences, and has not been determined to be mentally incompetent, then that person is eligible to register and vote. Anyone who is a naturalized citizen meeting these requirements may vote if they have registered at least 30 days before the election.


Q:

When is the Primary Election for 2022?

A:

​The Primary Election is May 24, 2022.


Q:

Who is my Arkansas state senator?


Q:

Who is my Arkansas state representative?


Q:

What is your office hours?

A:

Monday-Friday 8:00am-4:30pm CST. This may vary due to holidays.


Q:

When is the general election for 2022

A:

November 8, 2022


Q:

If I move within Arkansas, do I need to update my Voter Information?

A:

Yes. Once you’re registered, it’s important to update your voter information whenever you move or have a legal name change. Keeping your record current can help avoid delays on Election Day. It’s easy to do using the Arkansas Voter Registration Application.

Complete a Voter Registration Application, checking the box for “This is an address change” and completing the bottom half of the form. Submit it to the county clerk in your new county no later than 4 days before a scheduled election. Otherwise, you will not be eligible to vote in your new county for that election.

Counties will periodically mail notices to voters who have not voted in several elections. If you receive such a notice, it is important that you mark your correct address and return the notice to the county clerk so your registration can be updated.

The County Clerk performs another safeguard: routinely checking for duplicate registrations across the state. Just to make sure, it’s best for you to notify the county clerk in your old county and confirm that your registration has been transferred.

Voter Registration Application

(1) This answer speaks to moving from one county to another but not from one address to another within the same county. We need to address that, perhaps creating another separate entry. (2) Need to make sure the 4 days deadline mentioned here is addressed in the other entry for deadlines.


Q:

If I move from one county to another, do I need to update my voter information?

A:

Yes. You must update your voter information as soon as possible. For voters that move from one county to another, they must update their voter information no later than four days prior to a scheduled election.


Q:

If I change my name, do I need to update my Voter Information?

A:

Once you’re registered, it’s important to update your voter information whenever you move or have a legal name change. Keeping your record current can help avoid delays on Election Day. It’s easy to do using the Arkansas Voter Registration Application.

If you legally change your name due to marriage, divorce or other reason, complete a Voter Registration Application and check the box for “This is a name change,” making sure to complete the bottom half of the form.


Q:

If I am in the military, how should I be registered?

A:

For voting purposes, military service members, their families and U.S. citizens residing overseas may use the address where they resided before entering service or their legal U.S. residence as the address where they register to vote. You may register to vote using an Arkansas Voter Registration Application or a Federal Post Card Application (FPCA SF-76). The FPCA simultaneously serves all states and territories as both a registration form and application for an absentee ballot.

Military personnel may contact their county clerk, the Federal Voting Assistance Program (FVAP) or their Voting Assistance Officer for further information or to obtain a Federal Post Card Application (FPCA). Call 1-800-438-8683 or e-mail the program at vote@fvap.gov or go to www.fvap.gov.

For Arkansas-specific information, visit:
www.sos.arkansas.gov/elections/military-and-overseas-citizens
UOCAVA FAQs


Q:

If I own property in more than one county, how should I be registered?

A:

You must register to vote wherever you actually “live or reside.” Owning property or a business in a county does not constitute residency in that county.


Q:

If I am a college student attending college outside of my home county, how should I be registered?

A:

You must decide which county you consider “home.” If you plan to live in your home county after college, then list your parents’ address as your residence. If you do NOT intend to return there, you may list your college address as your residence. Remember: you must keep your address CURRENT on your voter registration. That’s one reason college students often list their parents’ address, which may not change as often.


Q:

If I have moved from one county to another within Arkansas, how should I be registered?

A:

If you have moved from one county to another within Arkansas, you must transfer your registration to your new county of residence. For questions about transferring your registration, ask your county clerk for assistance.


Q:

If I am registered in another state and move to Arkansas, how should I be registered?

A:

If you have moved to Arkansas from another state, notify the voter registrar in your previous state of residence to request cancellation. Be sure to submit a new registration application to your county clerk in Arkansas.


Q:

How do I know I’m registered to vote?

A:

Consider yourself registered when you receive an acknowledgment from your county clerk. This may take several weeks, regardless of your method of application.

If you do not receive a notice within two weeks of applying, call your county clerk or go to www.VoterView.org and enter your name and date of birth to see if your application has been processed.


Q:

If a registration deadline is near, is there a way to ensure my eligibility?

A:

One method of application that will ensure your eligibility is to apply in person with your county clerk.


Q:

What is the Registration Deadline for an address change?

A:

If you are changing your residence to another county within the state, your updated registration must be received by the county clerk’s office in the new county no later than 4 days before a scheduled election.


Q:

What is the Registration Deadline for a voter registration drive?

A:

If you completed your application at a voter registration drive, the organizers must submit it to the county clerk or Secretary of State’s office within 21 days of the date on the application and no later than 30 days prior to the next election.


Q:

What is the Registration Deadline for a new registration?

A:

You must submit your application to an official voter registration agency or mail it no later than 30 days prior to an election in which you wish to vote. The postmark on a mailed application will be its submission date.


Q:

What are the I.D. Requirements for registration by mail?

A:

If you are registering to vote by mail:

You must provide either your Arkansas driver’s license number or the last four digits of your Social Security number on your Arkansas Voter Registration Application. If you don’t have either a driver’s license or Social Security number, check the box in #9 on the application.

If you check the box indicating that you do not possess either a driver’s license or Social Security number, you should submit a photocopy of one of the following with your mail-in application:

1. Current and valid photo identification, or

2. A copy of a current utility bill, bank statement, government check or paycheck that shows your name and address, or

3. Other government documents that show your name and address.

If you do not provide a driver’s license number, a social security number or an identification document that meets the above requirements, you may be required to vote a Provisional Ballot when you vote for the first time.


Q:

Can I register to vote by mail?

A:

Yes. Obtain an application from:

- Your county clerk

- Secretary of State Elections Division, 1-800-247-3312

- Online at www.sos.arkansas.gov/elections/voter-information


Q:

Where can I register to vote?

A:

Register to vote at your local:

- County clerk’s office in your home county

- Office of Driver Services, State Revenue Division (Application can be transmitted electronically or you can pick up a paper form to complete and mail in.)

- Local public library or Arkansas State Library

- Public assistance agency that provides services under Food Stamps, Medicaid, Aid to Families with Dependent Children (AFDC), and the Special Supplemental Food Program for Women, Infants and Children (WIC) programs

- Agency that offers state-funded programs and services to persons with disabilities.

- Military recruitment office

- Arkansas National Guard

- Voter registration drive

You may also apply by mail.


Q:

What are the Voter Registration requirements?

A:

To register to vote, you must:

- Be a citizen of the United States

- Be an Arkansas resident (residing in Arkansas at least 30 days before the first election in which you will vote)

- Be age 18 or turn 18 on or before the next election

- Not be convicted of a felony without your sentence having been discharged or pardoned

- Not be presently adjudged as mentally incompetent as to your ability to vote by a court of competent jurisdiction


Q:

How do I get a Voter Verification Card?

A:

To obtain this voter verification card, voters will be required to complete an affidavit stating they do not possess such identification, and must provide documentation containing their full legal name and date of birth, as well as documentation containing their name and residential address. Please contact your county clerk for information regarding acceptable forms of documentation.


Q:

What are Voter Verification Cards?

A:

Voters who do not possess a valid form of identification meeting the requirements may obtain a free voter verification card at their county clerk’s office.

To obtain this voter verification card, voters will be required to complete an affidavit stating they do not possess such identification, and must provide documentation containing their full legal name and date of birth, as well as documentation containing their name and residential address. Please contact your county clerk for information regarding acceptable forms of documentation.


Q:

What if I can’t verify my registration?

A:

Voters unable to verify registration when voting in person shall be permitted to cast a provisional ballot. Provisional ballots cast in this manner will be counted if:

1. The voter completes a sworn statement at the polling site stating that the voter is registered to vote in this state and that he or she is the person registered to vote, and the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds, or

2. The voter returns to the county board of election commissioners or the county clerk by 12:00 noon on the Monday following the election and presents a document or identification card meeting the requirements described above, and the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds. (For more information about casting provisional ballots, see page 19)


Q:

What are Voter Verification Requirements?

A:

Each voter shall verify his or her registration when voting by presenting a document or identification card that:

1. Shows the name of the person to whom the document or identification card was issued;

2. Shows a photograph of the person to whom the document or identification card was issued;

3. Is issued by the United States, the State of Arkansas, or an accredited post-secondary educational institution in the State of Arkansas; and

4. If displaying an expiration date, is not expired or expired no more than four (4) years before the date of the election in which the voter seeks to vote.

Documents and identification cards that will be accepted as verification of voter registration include without limitation: A driver’s license; A photo identification card; A concealed handgun carry license; A United States passport; An employee badge or identification document issued by an accredited post-secondary education institution in the State of Arkansas; A United States military identification document; A public assistance identification card if the card shows a photograph of the person to whom the document or identification card was issued; A voter verification card as provided under Ark. Code § 7-5-324.

A person who is a resident of a long-term care or residential care facility licensed by the state of Arkansas is not required to verify his or her registration by presenting a document or identification card as described above when voting in person but must provide documentation from the administrator of the facility attesting that the person is a resident of the facility.


Q:

Can I fax or email a ballot to the County Clerk’s office?

A:

No. You may not fax or email a ballot.


Q:

What is the deadline for Delivery of Voted Ballot to County Clerk for UOCAVA voters?

A:

UOCAVA voters must vote their ballot by Election Day, and it must be received by their county clerk by 5:00 p.m. 10 days after the election.


Q:

What is a UOCAVA Voter?

A:

The term “UOCAVA” refers to the Uniformed and Overseas Citizens Absentee Voting Act. A UOCAVA voter is a military or overseas citizen and their spouse. Please visit our Military and Overseas Voting page for more information.


Q:

What is the deadline for Delivery of Voted Ballot to County Clerk if done by Mail?

A:

Must be received at clerk’s office by 7:30 p.m. ON election day.

-You may NOT fax or email a ballot.

-UOCAVA voters must vote their ballot by Election Day, and it must be received by their county clerk by 5:00 p.m. 10 days after the election.

Click here to learn more on UOCAVA.


Q:

What is the deadline for Delivery of Voted Ballot to County Clerk if done by Authorized Agent?

A:

By 7:30 p.m. on election day.


Q:

What is the deadline for Delivery of Voted Ballot to County Clerk if done by Designated Bearer?

A:

By 7:30 p.m. on election day.


Q:

What is the In-Person deadline for Delivery of Voted Ballot to County Clerk?

A:

By close of business the day before the election.


Q:

What is the Ballot Pickup deadline if done by anyone other than a Designated Bearer?

A:

No deadline is specified in Arkansas law. You should base your ballot pick-up on the ability to return it to the County Clerk on time.


Q:

What is the Ballot Pickup deadline if done by a Designated Bearer?

A:

No earlier than 15 days before a preferential primary election, general election, school election, or special election and no earlier than seven days before a runoff election.


Q:

What is the application deadline for Absentee Voting if applying by Authorized Agent?

A:

By 1:30 p.m. ON election day. The authorized agent must file with the County Clerk an affidavit from the administrative head of a hospital or nursing home located in this state verifying that the applicant is a patient of the hospital or long-term care or residential care facility licensed by the state and is thereby unable to vote on the election day at his or her regular polling site.

Mentions “Authorized Agent” here. Can we define?


Q:

What is the application deadline for Absentee Voting if applying by mail or by electronic means?

A:

By seven days before the election. “Electronic means” refers to email or fax.


Q:

What is an Authorized Agent?

A:

An Authorized Agent is a person authorized to deliver an application, obtain a ballot, and return a voted ballot for a voter that is medically unable to vote in person. An affidavit from an administrator of a hospital or long-term care facility is needed for this.


Q:

What is an Administrator?

A:

An Administrator is the administrative head of a long-term care or residential care facility.


Q:

What is a Designated Bearer?

A:

A Designated Bearer is anyone you choose to pick up or deliver your official ballot.


Q:

What is the application deadline for Absentee Voting if done by my Designated Bearer or Administrator?

A:

By the close of business the day before the election

Mentions “Administrator” here. Can we define?

For more information on Designated Bearer, visit the Absentee Voting page.


Q:

What are the qualifications to vote Absentee?

A:

To be qualified to vote an absentee ballot, you must meet one of the following criteria:

- You will be unavoidably absent from your polling site on election day, OR

- You will be unable to attend your polling site on election day due to illness or physical disability, OR

- You are a member of the Uniformed Services, merchant marines or the spouse or a dependant family member and are away from your polling location due to the member’s active duty status, OR

- You are a U.S. citizen whose residence is in Arkansas but is temporarily living outside the territorial limits of the United States.


Q:

How do I request an Absentee Ballot?

A:

Option 1: Request to have an absentee ballot application sent to you by contacting your county clerk in the county where you are registered to vote.

Option 2: Download and complete an absentee ballot application, then return this application to the county clerk in the county where you are registered to vote.
www.sos.arkansas.gov/uploads/elections/Absentee_Ballot_Application_1.pdf


County Clerk Contact Information

How to Complete the Absentee Ballot Application
www.sos.arkansas.gov/uploads/elections/How_to_Complete_the_Absentee_Ballot_Application_-_Rev._10-2020_.pdf

Please contact your county clerk with any questions about voting absentee in your county.
www.sos.arkansas.gov/uploads/elections/County_Clerk_Contact_List_-_Rev._8-19-2020_.pdf


Q:

As a member of the armed forces who has been transferred, what is my official residence?

A:

Example: “I’ve been transferred, and most of the instructions refer to my legal voting residence and my county of residence.”

For voting purposes, your residence can be either the place you last resided before entering service, or it can be your new legal residence. Military and family members may change their legal residence each time they change permanent duty stations, or they may choose to retain their original residence. A valid street address - even your former address - is required to be sure you are voting in the correct precinct. P.O. Boxes are not allowed. Consult a legal officer before changing residence, because other factors besides voting must be considered.


Q:

What are the instructions for members of my family who are stationed with me?

A:

Family members follow the same procedures as military personnel. Please visit fvap.gov for more information.


Q:

How can I get help if I have questions about the voting process?

A:

Contact your county clerk. If you have access to a computer, email the Elections Division of the Arkansas Secretary of State at: electionsemail@sos.arkansas.gov. If you are a military or overseas citizen, you may also visit the website of the Federal Voting Assistance Program at (www.fvap.gov), which provides information for servicemen and women overseas. The FVAP also helps all military personnel with access to a DSN phone. Dial toll-free DSN 425-1584.


Q:

What voting systems have been selected for use in the state of Arkansas?

A:

Election Systems and Software was chosen as the vendor for voting equipment across Arkansas. Every county in the state is using one integrated voting system.


Q:

What is a provisional ballot?

A:

A provisional ballot is one that is cast during certain circumstances when there is some question concerning a voter’s eligibility. Whether or not the ballot will be counted is based on the voter’s eligibility, which is determined at a later date after the election. This is also referred to as “fail-safe voting.”


Q:

What should I do if I go to vote and I am told I am not registered?

A:

Example: “I recently decided to register to vote for the first time, so I filled out a voter registration application at a booth at the county fair. It was a little more than a month before the next election. When I went to the polls to vote, I was told that I was not registered.”

If you are not registered to vote, you may still vote on a provisional ballot. You are not legally registered until the county clerk records your registration. Arkansas law requires organizers of voter registration drives to submit those applications within 21 days of the drive or no later than 30 days prior to an election. If they did not do so, you would not be eligible to vote in that election. However, you may cast what is called a provisional ballot. Check with your county clerk to see if your application has been received and is complete so that you can vote in the next election.


Q:

If I have a split residence, what residence should I use to determine where I am entitled to register and vote?

A:

Example: “My husband and I are retired. We spend winters at home in south Arkansas and summers in the mountains in Colorado.”

This is a decision you will have to make, but you must choose only one voting location. In general, your residence is where your family lives, where you physically reside, the place you intend to return to live, where your driver’s license says you live, where you claim your homeowner’s property tax exemption, etc. Many factors affect residency.


Q:

Can a college student transfer their voter registration from their hometown to their current college campus?

A:

Students may be considered to be residents of the place where they lived prior to becoming a student. However, a student may also have the intent to be a resident of the new place and be registered there. Of course, a student may not be registered and vote in more than one place.


Q:

Can anyone distribute Applications for Absentee Ballots?

A:

Yes, anyone may distribute these applications. Applications for Absentee Ballots are available from your local county clerk.


Q:

Can anyone distribute Voter Registration Applications?

A:

Yes, anyone may distribute voter registration applications. Applications are available from the Secretary of State; applications collected during a voter registration drive must be returned to the Secretary of State or the local county clerk within 21 days after the date on the application or no later than 30 days prior to the next election.


Q:

I recently got married. How do I change my name on my registration?

A:

Simply complete the name change portion of the voter registration application and submit it to your county clerk’s office.


Q:

I have moved to a different county in Arkansas, but never transferred my previous voter registrations. How can I transfer my registration to my new county of residence?

A:

In Arkansas, moving across county lines requires transferring the registration to the new county. Be sure to submit your updated registration to the county clerk in your new county no later than four days before a scheduled election so you can vote there. If your application arrives less than four days before an election, you will not be eligible to vote in your new county for that election.


Q:

Can I change my registration to the county where I work?

A:

Example: “I live in one county but work in another. I would like to vote in the county where I work because I am more involved in that community. “

No, Arkansas law requires you to register in the county where you reside.


Q:

Am I registered to vote when I send in my voter registration form?

A:

No, submitting your voter application at a state agency, in a voter registration drive, or through the U.S. Postal Service does NOT guarantee your registration. You should follow up on the status of your registration just as you would on any other personal business matter. Before considering yourself a registered voter, you must receive an acknowledgment of your registration from the county clerk.

Unfortunately, each Election Day, many would-be first-time voters in Arkansas do not have their votes counted because they are not actually registered to vote. Many believed they had registered months before, but failed to follow up when they did not receive a voter ID card from their county clerk. The process of voter registration is convenient, but it also places responsibility on the registrant to ensure the process is completed.

Follow up with your county clerk concerning your Voter Registration before election time.


Q:

What is “dissolution?”

A:

Dissolution is the process of dissolving a business. Entities that decide to “go out of business” must formally dissolve by filing articles of dissolution/certificate of dissolution available here: https://www.sos.arkansas.gov/business-commercial-services-bcs. (A.C.A. 4-27-1401)


Q:

What is the Young Voter Workshop? And can any student attend?

A:

The young voter workshop is a day long workshop that stresses the importance of voting and understanding the voting process. Unfortunately the workshop is only for high school students, we do have sections of the workshop that are not suitable for younger students. We do offer other programs and presentations about voting for our youngest voters.


Q:

What is “dissolution?”

A:

Dissolution is the process of dissolving a business. Entities that decide to “go out of business” must formally dissolve by filing articles of dissolution/certificate of dissolution available here: https://www.sos.arkansas.gov/business-commercial-services-bcs. (A.C.A. 4-27-1401)


Q:

I need help with my statement of financial interest who do I call and what is the number?

A:

You will need to contact the Arkansas Ethics Commission at 501-324-9600.


Q:

I would like a paper copy of the statement of financial interest?


Q:

When is the Primary Election for 2022?

A:

​The Primary Election is May 24, 2022.


Q:

Who is my Arkansas state senator?


Q:

Who is my Arkansas state representative?


Q:

What is your office hours?

A:

Monday-Friday 8:00am-4:30pm CST. This may vary due to holidays.


Q:

I have additional questions on where to start my financial report.


Q:

Where do I sign up to file my financial reports?


Q:

When is the general election for 2022

A:

November 8, 2022


Q:

When is filing for candidates?

A:

To be announced at a later date.


Q:

What paperwork do I file out to run for office?

A:

There are some forms online however we will have the paperwork for you to fill out when you come to the filing period.


Q:

I want a calendar of the important election dates.


Q:

I want to run of office can you tell me what to do?

A:

Please review the Running for Public Office handbook. If you still have questions after reading it you can call 501-682-5070.


Q:

What are the qualifications for running for office?

A:

There are different qualifications for different offices. Please see the Running for Public Office Handbook for more information


Q:

What is a write-in candidate?

A:

A write-in candidate is not affiliated with a party and is not required to circulate a petition. The candidate’s name does not appear on the ballot. the voter will literally “write in” the candidate’s name on their ballot to vote for them.


Q:

What is an independent candidate?

A:

An independent candidate is someone with no party affiliation. In lieu of paying a filing fee to a party, the candidate circulates and submits a petition.


Q:

Do I have to be affiliated with a party?

A:

No. You may run as an independent or write-in candidate, depending on the office sought.


Q:

Do I have to pay a fee to become a candidate?

A:

If you choose to run under a political party, there is usually a fee associated with filing for office. Those fees are set and collected by the respective political parties. If you choose to run as an independent or write-in candidate, there is no fee.


Q:

Where do I file as a candidate?

A:

For federal, state and district offices, you will file with the Secretary of State. For county, township, municipal, and school board offices, you will file with your local county clerk.

Example: I want to file for US Senate/Governor/State Representative/Circuit Judge. File with the Secretary of State.
Example: I want to file for County Assessor/Constable/City Council member. File with the County Clerk.


Q:

When can I file as a candidate?

A:

The candidate filing period for state, district, county and township offices is dependent upon when the primary election will be held.

During presidential election years, the candidate filing period is held near the end of October the year before the election.

During gubernatorial (Governor) elections, the candidate filing period is held near the end of February of the year of the election.


Q:

What are the qualifications for running for office?

A:

There are different qualifications for different offices. Please see the Running for Public Office Handbook for more information


Q:

What is a write-in candidate?

A:

A write-in candidate is not affiliated with a party and is not required to circulate a petition. The candidate’s name does not appear on the ballot. the voter will literally “write in” the candidate’s name on their ballot to vote for them.


Q:

What is an independent candidate?

A:

An independent candidate is someone with no party affiliation. In lieu of paying a filing fee to a party, the candidate circulates and submits a petition.


Q:

Do I have to be affiliated with a party?

A:

No. You may run as an independent or write-in candidate, depending on the office sought.


Q:

Do I have to pay a fee to become a candidate?

A:

If you choose to run under a political party, there is usually a fee associated with filing for office. Those fees are set and collected by the respective political parties. If you choose to run as an independent or write-in candidate, there is no fee.


Q:

Where do I file as a candidate?

A:

For federal, state and district offices, you will file with the Secretary of State. For county, township, municipal, and school board offices, you will file with your local county clerk.

Example: I want to file for US Senate/Governor/State Representative/Circuit Judge. File with the Secretary of State.
Example: I want to file for County Assessor/Constable/City Council member. File with the County Clerk.


Q:

When can I file as a candidate?

A:

The candidate filing period for state, district, county and township offices is dependent upon when the primary election will be held.

During presidential election years, the candidate filing period is held near the end of October the year before the election.

During gubernatorial (Governor) elections, the candidate filing period is held near the end of February of the year of the election.


Q:

What are the qualifications for those who were born outside of the U.S. to be able to vote in the state of Arkansas?

A:

If a person is a naturalized U.S. citizen, at least 18 years old, is an Arkansas resident, is not a felon who has not discharged their sentences, and has not been determined to be mentally incompetent, then that person is eligible to register and vote. Anyone who is a naturalized citizen meeting these requirements may vote if they have registered at least 30 days before the election.


Q:

If I move within Arkansas, do I need to update my Voter Information?

A:

Yes. Once you’re registered, it’s important to update your voter information whenever you move or have a legal name change. Keeping your record current can help avoid delays on Election Day. It’s easy to do using the Arkansas Voter Registration Application.

Complete a Voter Registration Application, checking the box for “This is an address change” and completing the bottom half of the form. Submit it to the county clerk in your new county no later than 4 days before a scheduled election. Otherwise, you will not be eligible to vote in your new county for that election.

Counties will periodically mail notices to voters who have not voted in several elections. If you receive such a notice, it is important that you mark your correct address and return the notice to the county clerk so your registration can be updated.

The County Clerk performs another safeguard: routinely checking for duplicate registrations across the state. Just to make sure, it’s best for you to notify the county clerk in your old county and confirm that your registration has been transferred.

Voter Registration Application

(1) This answer speaks to moving from one county to another but not from one address to another within the same county. We need to address that, perhaps creating another separate entry. (2) Need to make sure the 4 days deadline mentioned here is addressed in the other entry for deadlines.


Q:

If I move from one county to another, do I need to update my voter information?

A:

Yes. You must update your voter information as soon as possible. For voters that move from one county to another, they must update their voter information no later than four days prior to a scheduled election.


Q:

If I change my name, do I need to update my Voter Information?

A:

Once you’re registered, it’s important to update your voter information whenever you move or have a legal name change. Keeping your record current can help avoid delays on Election Day. It’s easy to do using the Arkansas Voter Registration Application.

If you legally change your name due to marriage, divorce or other reason, complete a Voter Registration Application and check the box for “This is a name change,” making sure to complete the bottom half of the form.


Q:

If I am in the military, how should I be registered?

A:

For voting purposes, military service members, their families and U.S. citizens residing overseas may use the address where they resided before entering service or their legal U.S. residence as the address where they register to vote. You may register to vote using an Arkansas Voter Registration Application or a Federal Post Card Application (FPCA SF-76). The FPCA simultaneously serves all states and territories as both a registration form and application for an absentee ballot.

Military personnel may contact their county clerk, the Federal Voting Assistance Program (FVAP) or their Voting Assistance Officer for further information or to obtain a Federal Post Card Application (FPCA). Call 1-800-438-8683 or e-mail the program at vote@fvap.gov or go to www.fvap.gov.

For Arkansas-specific information, visit:
www.sos.arkansas.gov/elections/military-and-overseas-citizens
UOCAVA FAQs


Q:

If I own property in more than one county, how should I be registered?

A:

You must register to vote wherever you actually “live or reside.” Owning property or a business in a county does not constitute residency in that county.


Q:

If I am a college student attending college outside of my home county, how should I be registered?

A:

You must decide which county you consider “home.” If you plan to live in your home county after college, then list your parents’ address as your residence. If you do NOT intend to return there, you may list your college address as your residence. Remember: you must keep your address CURRENT on your voter registration. That’s one reason college students often list their parents’ address, which may not change as often.


Q:

If I have moved from one county to another within Arkansas, how should I be registered?

A:

If you have moved from one county to another within Arkansas, you must transfer your registration to your new county of residence. For questions about transferring your registration, ask your county clerk for assistance.


Q:

If I am registered in another state and move to Arkansas, how should I be registered?

A:

If you have moved to Arkansas from another state, notify the voter registrar in your previous state of residence to request cancellation. Be sure to submit a new registration application to your county clerk in Arkansas.


Q:

How do I know I’m registered to vote?

A:

Consider yourself registered when you receive an acknowledgment from your county clerk. This may take several weeks, regardless of your method of application.

If you do not receive a notice within two weeks of applying, call your county clerk or go to www.VoterView.org and enter your name and date of birth to see if your application has been processed.


Q:

If a registration deadline is near, is there a way to ensure my eligibility?

A:

One method of application that will ensure your eligibility is to apply in person with your county clerk.


Q:

What is the Registration Deadline for an address change?

A:

If you are changing your residence to another county within the state, your updated registration must be received by the county clerk’s office in the new county no later than 4 days before a scheduled election.


Q:

What is the Registration Deadline for a voter registration drive?

A:

If you completed your application at a voter registration drive, the organizers must submit it to the county clerk or Secretary of State’s office within 21 days of the date on the application and no later than 30 days prior to the next election.


Q:

What is the Registration Deadline for a new registration?

A:

You must submit your application to an official voter registration agency or mail it no later than 30 days prior to an election in which you wish to vote. The postmark on a mailed application will be its submission date.


Q:

What are the I.D. Requirements for registration by mail?

A:

If you are registering to vote by mail:

You must provide either your Arkansas driver’s license number or the last four digits of your Social Security number on your Arkansas Voter Registration Application. If you don’t have either a driver’s license or Social Security number, check the box in #9 on the application.

If you check the box indicating that you do not possess either a driver’s license or Social Security number, you should submit a photocopy of one of the following with your mail-in application:

1. Current and valid photo identification, or

2. A copy of a current utility bill, bank statement, government check or paycheck that shows your name and address, or

3. Other government documents that show your name and address.

If you do not provide a driver’s license number, a social security number or an identification document that meets the above requirements, you may be required to vote a Provisional Ballot when you vote for the first time.


Q:

Can I register to vote by mail?

A:

Yes. Obtain an application from:

- Your county clerk

- Secretary of State Elections Division, 1-800-247-3312

- Online at www.sos.arkansas.gov/elections/voter-information


Q:

Where can I register to vote?

A:

Register to vote at your local:

- County clerk’s office in your home county

- Office of Driver Services, State Revenue Division (Application can be transmitted electronically or you can pick up a paper form to complete and mail in.)

- Local public library or Arkansas State Library

- Public assistance agency that provides services under Food Stamps, Medicaid, Aid to Families with Dependent Children (AFDC), and the Special Supplemental Food Program for Women, Infants and Children (WIC) programs

- Agency that offers state-funded programs and services to persons with disabilities.

- Military recruitment office

- Arkansas National Guard

- Voter registration drive

You may also apply by mail.


Q:

What are the Voter Registration requirements?

A:

To register to vote, you must:

- Be a citizen of the United States

- Be an Arkansas resident (residing in Arkansas at least 30 days before the first election in which you will vote)

- Be age 18 or turn 18 on or before the next election

- Not be convicted of a felony without your sentence having been discharged or pardoned

- Not be presently adjudged as mentally incompetent as to your ability to vote by a court of competent jurisdiction


Q:

How do I get a Voter Verification Card?

A:

To obtain this voter verification card, voters will be required to complete an affidavit stating they do not possess such identification, and must provide documentation containing their full legal name and date of birth, as well as documentation containing their name and residential address. Please contact your county clerk for information regarding acceptable forms of documentation.


Q:

What are Voter Verification Cards?

A:

Voters who do not possess a valid form of identification meeting the requirements may obtain a free voter verification card at their county clerk’s office.

To obtain this voter verification card, voters will be required to complete an affidavit stating they do not possess such identification, and must provide documentation containing their full legal name and date of birth, as well as documentation containing their name and residential address. Please contact your county clerk for information regarding acceptable forms of documentation.


Q:

What if I can’t verify my registration?

A:

Voters unable to verify registration when voting in person shall be permitted to cast a provisional ballot. Provisional ballots cast in this manner will be counted if:

1. The voter completes a sworn statement at the polling site stating that the voter is registered to vote in this state and that he or she is the person registered to vote, and the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds, or

2. The voter returns to the county board of election commissioners or the county clerk by 12:00 noon on the Monday following the election and presents a document or identification card meeting the requirements described above, and the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds. (For more information about casting provisional ballots, see page 19)


Q:

What are Voter Verification Requirements?

A:

Each voter shall verify his or her registration when voting by presenting a document or identification card that:

1. Shows the name of the person to whom the document or identification card was issued;

2. Shows a photograph of the person to whom the document or identification card was issued;

3. Is issued by the United States, the State of Arkansas, or an accredited post-secondary educational institution in the State of Arkansas; and

4. If displaying an expiration date, is not expired or expired no more than four (4) years before the date of the election in which the voter seeks to vote.

Documents and identification cards that will be accepted as verification of voter registration include without limitation: A driver’s license; A photo identification card; A concealed handgun carry license; A United States passport; An employee badge or identification document issued by an accredited post-secondary education institution in the State of Arkansas; A United States military identification document; A public assistance identification card if the card shows a photograph of the person to whom the document or identification card was issued; A voter verification card as provided under Ark. Code § 7-5-324.

A person who is a resident of a long-term care or residential care facility licensed by the state of Arkansas is not required to verify his or her registration by presenting a document or identification card as described above when voting in person but must provide documentation from the administrator of the facility attesting that the person is a resident of the facility.


Q:

What is a provisional ballot?

A:

A provisional ballot is one that is cast during certain circumstances when there is some question concerning a voter’s eligibility. Whether or not the ballot will be counted is based on the voter’s eligibility, which is determined at a later date after the election. This is also referred to as “fail-safe voting.”


Q:

What should I do if I go to vote and I am told I am not registered?

A:

Example: “I recently decided to register to vote for the first time, so I filled out a voter registration application at a booth at the county fair. It was a little more than a month before the next election. When I went to the polls to vote, I was told that I was not registered.”

If you are not registered to vote, you may still vote on a provisional ballot. You are not legally registered until the county clerk records your registration. Arkansas law requires organizers of voter registration drives to submit those applications within 21 days of the drive or no later than 30 days prior to an election. If they did not do so, you would not be eligible to vote in that election. However, you may cast what is called a provisional ballot. Check with your county clerk to see if your application has been received and is complete so that you can vote in the next election.


Q:

Can a college student transfer their voter registration from their hometown to their current college campus?

A:

Students may be considered to be residents of the place where they lived prior to becoming a student. However, a student may also have the intent to be a resident of the new place and be registered there. Of course, a student may not be registered and vote in more than one place.


Q:

Can anyone distribute Voter Registration Applications?

A:

Yes, anyone may distribute voter registration applications. Applications are available from the Secretary of State; applications collected during a voter registration drive must be returned to the Secretary of State or the local county clerk within 21 days after the date on the application or no later than 30 days prior to the next election.


Q:

I recently got married. How do I change my name on my registration?

A:

Simply complete the name change portion of the voter registration application and submit it to your county clerk’s office.


Q:

I have moved to a different county in Arkansas, but never transferred my previous voter registrations. How can I transfer my registration to my new county of residence?

A:

In Arkansas, moving across county lines requires transferring the registration to the new county. Be sure to submit your updated registration to the county clerk in your new county no later than four days before a scheduled election so you can vote there. If your application arrives less than four days before an election, you will not be eligible to vote in your new county for that election.


Q:

Can I change my registration to the county where I work?

A:

Example: “I live in one county but work in another. I would like to vote in the county where I work because I am more involved in that community. “

No, Arkansas law requires you to register in the county where you reside.


Q:

Am I registered to vote when I send in my voter registration form?

A:

No, submitting your voter application at a state agency, in a voter registration drive, or through the U.S. Postal Service does NOT guarantee your registration. You should follow up on the status of your registration just as you would on any other personal business matter. Before considering yourself a registered voter, you must receive an acknowledgment of your registration from the county clerk.

Unfortunately, each Election Day, many would-be first-time voters in Arkansas do not have their votes counted because they are not actually registered to vote. Many believed they had registered months before, but failed to follow up when they did not receive a voter ID card from their county clerk. The process of voter registration is convenient, but it also places responsibility on the registrant to ensure the process is completed.

Follow up with your county clerk concerning your Voter Registration before election time.


Q:

If I move within Arkansas, do I need to update my Voter Information?

A:

Yes. Once you’re registered, it’s important to update your voter information whenever you move or have a legal name change. Keeping your record current can help avoid delays on Election Day. It’s easy to do using the Arkansas Voter Registration Application.

Complete a Voter Registration Application, checking the box for “This is an address change” and completing the bottom half of the form. Submit it to the county clerk in your new county no later than 4 days before a scheduled election. Otherwise, you will not be eligible to vote in your new county for that election.

Counties will periodically mail notices to voters who have not voted in several elections. If you receive such a notice, it is important that you mark your correct address and return the notice to the county clerk so your registration can be updated.

The County Clerk performs another safeguard: routinely checking for duplicate registrations across the state. Just to make sure, it’s best for you to notify the county clerk in your old county and confirm that your registration has been transferred.

Voter Registration Application

(1) This answer speaks to moving from one county to another but not from one address to another within the same county. We need to address that, perhaps creating another separate entry. (2) Need to make sure the 4 days deadline mentioned here is addressed in the other entry for deadlines.


Q:

If I move from one county to another, do I need to update my voter information?

A:

Yes. You must update your voter information as soon as possible. For voters that move from one county to another, they must update their voter information no later than four days prior to a scheduled election.


Q:

If I change my name, do I need to update my Voter Information?

A:

Once you’re registered, it’s important to update your voter information whenever you move or have a legal name change. Keeping your record current can help avoid delays on Election Day. It’s easy to do using the Arkansas Voter Registration Application.

If you legally change your name due to marriage, divorce or other reason, complete a Voter Registration Application and check the box for “This is a name change,” making sure to complete the bottom half of the form.


Q:

If I own property in more than one county, how should I be registered?

A:

You must register to vote wherever you actually “live or reside.” Owning property or a business in a county does not constitute residency in that county.


Q:

If I am a college student attending college outside of my home county, how should I be registered?

A:

You must decide which county you consider “home.” If you plan to live in your home county after college, then list your parents’ address as your residence. If you do NOT intend to return there, you may list your college address as your residence. Remember: you must keep your address CURRENT on your voter registration. That’s one reason college students often list their parents’ address, which may not change as often.


Q:

If I have moved from one county to another within Arkansas, how should I be registered?

A:

If you have moved from one county to another within Arkansas, you must transfer your registration to your new county of residence. For questions about transferring your registration, ask your county clerk for assistance.


Q:

If I am registered in another state and move to Arkansas, how should I be registered?

A:

If you have moved to Arkansas from another state, notify the voter registrar in your previous state of residence to request cancellation. Be sure to submit a new registration application to your county clerk in Arkansas.


Q:

What is the Registration Deadline for an address change?

A:

If you are changing your residence to another county within the state, your updated registration must be received by the county clerk’s office in the new county no later than 4 days before a scheduled election.


Q:

If I have a split residence, what residence should I use to determine where I am entitled to register and vote?

A:

Example: “My husband and I are retired. We spend winters at home in south Arkansas and summers in the mountains in Colorado.”

This is a decision you will have to make, but you must choose only one voting location. In general, your residence is where your family lives, where you physically reside, the place you intend to return to live, where your driver’s license says you live, where you claim your homeowner’s property tax exemption, etc. Many factors affect residency.


Q:

Can a college student transfer their voter registration from their hometown to their current college campus?

A:

Students may be considered to be residents of the place where they lived prior to becoming a student. However, a student may also have the intent to be a resident of the new place and be registered there. Of course, a student may not be registered and vote in more than one place.


Q:

I recently got married. How do I change my name on my registration?

A:

Simply complete the name change portion of the voter registration application and submit it to your county clerk’s office.


Q:

I have moved to a different county in Arkansas, but never transferred my previous voter registrations. How can I transfer my registration to my new county of residence?

A:

In Arkansas, moving across county lines requires transferring the registration to the new county. Be sure to submit your updated registration to the county clerk in your new county no later than four days before a scheduled election so you can vote there. If your application arrives less than four days before an election, you will not be eligible to vote in your new county for that election.


Q:

What are the I.D. Requirements for registration by mail?

A:

If you are registering to vote by mail:

You must provide either your Arkansas driver’s license number or the last four digits of your Social Security number on your Arkansas Voter Registration Application. If you don’t have either a driver’s license or Social Security number, check the box in #9 on the application.

If you check the box indicating that you do not possess either a driver’s license or Social Security number, you should submit a photocopy of one of the following with your mail-in application:

1. Current and valid photo identification, or

2. A copy of a current utility bill, bank statement, government check or paycheck that shows your name and address, or

3. Other government documents that show your name and address.

If you do not provide a driver’s license number, a social security number or an identification document that meets the above requirements, you may be required to vote a Provisional Ballot when you vote for the first time.


Q:

What if I can’t verify my registration?

A:

Voters unable to verify registration when voting in person shall be permitted to cast a provisional ballot. Provisional ballots cast in this manner will be counted if:

1. The voter completes a sworn statement at the polling site stating that the voter is registered to vote in this state and that he or she is the person registered to vote, and the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds, or

2. The voter returns to the county board of election commissioners or the county clerk by 12:00 noon on the Monday following the election and presents a document or identification card meeting the requirements described above, and the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds. (For more information about casting provisional ballots, see page 19)


Q:

What is a provisional ballot?

A:

A provisional ballot is one that is cast during certain circumstances when there is some question concerning a voter’s eligibility. Whether or not the ballot will be counted is based on the voter’s eligibility, which is determined at a later date after the election. This is also referred to as “fail-safe voting.”


Q:

What should I do if I go to vote and I am told I am not registered?

A:

Example: “I recently decided to register to vote for the first time, so I filled out a voter registration application at a booth at the county fair. It was a little more than a month before the next election. When I went to the polls to vote, I was told that I was not registered.”

If you are not registered to vote, you may still vote on a provisional ballot. You are not legally registered until the county clerk records your registration. Arkansas law requires organizers of voter registration drives to submit those applications within 21 days of the drive or no later than 30 days prior to an election. If they did not do so, you would not be eligible to vote in that election. However, you may cast what is called a provisional ballot. Check with your county clerk to see if your application has been received and is complete so that you can vote in the next election.


Q:

Can I fax or email a ballot to the County Clerk’s office?

A:

No. You may not fax or email a ballot.


Q:

What is the deadline for Delivery of Voted Ballot to County Clerk for UOCAVA voters?

A:

UOCAVA voters must vote their ballot by Election Day, and it must be received by their county clerk by 5:00 p.m. 10 days after the election.


Q:

What is a UOCAVA Voter?

A:

The term “UOCAVA” refers to the Uniformed and Overseas Citizens Absentee Voting Act. A UOCAVA voter is a military or overseas citizen and their spouse. Please visit our Military and Overseas Voting page for more information.


Q:

What is the deadline for Delivery of Voted Ballot to County Clerk if done by Mail?

A:

Must be received at clerk’s office by 7:30 p.m. ON election day.

-You may NOT fax or email a ballot.

-UOCAVA voters must vote their ballot by Election Day, and it must be received by their county clerk by 5:00 p.m. 10 days after the election.

Click here to learn more on UOCAVA.


Q:

What is the deadline for Delivery of Voted Ballot to County Clerk if done by Authorized Agent?

A:

By 7:30 p.m. on election day.


Q:

What is the deadline for Delivery of Voted Ballot to County Clerk if done by Designated Bearer?

A:

By 7:30 p.m. on election day.


Q:

What is the Ballot Pickup deadline if done by anyone other than a Designated Bearer?

A:

No deadline is specified in Arkansas law. You should base your ballot pick-up on the ability to return it to the County Clerk on time.


Q:

What is the Ballot Pickup deadline if done by a Designated Bearer?

A:

No earlier than 15 days before a preferential primary election, general election, school election, or special election and no earlier than seven days before a runoff election.


Q:

What is the application deadline for Absentee Voting if applying by Authorized Agent?

A:

By 1:30 p.m. ON election day. The authorized agent must file with the County Clerk an affidavit from the administrative head of a hospital or nursing home located in this state verifying that the applicant is a patient of the hospital or long-term care or residential care facility licensed by the state and is thereby unable to vote on the election day at his or her regular polling site.

Mentions “Authorized Agent” here. Can we define?


Q:

What is the application deadline for Absentee Voting if applying by mail or by electronic means?

A:

By seven days before the election. “Electronic means” refers to email or fax.


Q:

What is an Authorized Agent?

A:

An Authorized Agent is a person authorized to deliver an application, obtain a ballot, and return a voted ballot for a voter that is medically unable to vote in person. An affidavit from an administrator of a hospital or long-term care facility is needed for this.


Q:

What is an Administrator?

A:

An Administrator is the administrative head of a long-term care or residential care facility.


Q:

What is a Designated Bearer?

A:

A Designated Bearer is anyone you choose to pick up or deliver your official ballot.


Q:

What is the application deadline for Absentee Voting if done by my Designated Bearer or Administrator?

A:

By the close of business the day before the election

Mentions “Administrator” here. Can we define?

For more information on Designated Bearer, visit the Absentee Voting page.


Q:

What is the In-Person application deadline for Absentee Voting?

A:

By the close of the business day before the election.


Q:

What are the qualifications to vote Absentee?

A:

To be qualified to vote an absentee ballot, you must meet one of the following criteria:

- You will be unavoidably absent from your polling site on election day, OR

- You will be unable to attend your polling site on election day due to illness or physical disability, OR

- You are a member of the Uniformed Services, merchant marines or the spouse or a dependant family member and are away from your polling location due to the member’s active duty status, OR

- You are a U.S. citizen whose residence is in Arkansas but is temporarily living outside the territorial limits of the United States.


Q:

How do I request an Absentee Ballot?

A:

Option 1: Request to have an absentee ballot application sent to you by contacting your county clerk in the county where you are registered to vote.

Option 2: Download and complete an absentee ballot application, then return this application to the county clerk in the county where you are registered to vote.
www.sos.arkansas.gov/uploads/elections/Absentee_Ballot_Application_1.pdf


County Clerk Contact Information

How to Complete the Absentee Ballot Application
www.sos.arkansas.gov/uploads/elections/How_to_Complete_the_Absentee_Ballot_Application_-_Rev._10-2020_.pdf

Please contact your county clerk with any questions about voting absentee in your county.
www.sos.arkansas.gov/uploads/elections/County_Clerk_Contact_List_-_Rev._8-19-2020_.pdf


Q:

As a member of the armed forces who has been transferred, what is my official residence?

A:

Example: “I’ve been transferred, and most of the instructions refer to my legal voting residence and my county of residence.”

For voting purposes, your residence can be either the place you last resided before entering service, or it can be your new legal residence. Military and family members may change their legal residence each time they change permanent duty stations, or they may choose to retain their original residence. A valid street address - even your former address - is required to be sure you are voting in the correct precinct. P.O. Boxes are not allowed. Consult a legal officer before changing residence, because other factors besides voting must be considered.


Q:

How can I get help if I have questions about the voting process?

A:

Contact your county clerk. If you have access to a computer, email the Elections Division of the Arkansas Secretary of State at: electionsemail@sos.arkansas.gov. If you are a military or overseas citizen, you may also visit the website of the Federal Voting Assistance Program at (www.fvap.gov), which provides information for servicemen and women overseas. The FVAP also helps all military personnel with access to a DSN phone. Dial toll-free DSN 425-1584.


Q:

Can anyone distribute Applications for Absentee Ballots?

A:

Yes, anyone may distribute these applications. Applications for Absentee Ballots are available from your local county clerk.


Q:

What is a write-in candidate?

A:

A write-in candidate is not affiliated with a party and is not required to circulate a petition. The candidate’s name does not appear on the ballot. the voter will literally “write in” the candidate’s name on their ballot to vote for them.


Q:

What if I can’t verify my registration?

A:

Voters unable to verify registration when voting in person shall be permitted to cast a provisional ballot. Provisional ballots cast in this manner will be counted if:

1. The voter completes a sworn statement at the polling site stating that the voter is registered to vote in this state and that he or she is the person registered to vote, and the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds, or

2. The voter returns to the county board of election commissioners or the county clerk by 12:00 noon on the Monday following the election and presents a document or identification card meeting the requirements described above, and the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds. (For more information about casting provisional ballots, see page 19)


Q:

What are Voter Verification Requirements?

A:

Each voter shall verify his or her registration when voting by presenting a document or identification card that:

1. Shows the name of the person to whom the document or identification card was issued;

2. Shows a photograph of the person to whom the document or identification card was issued;

3. Is issued by the United States, the State of Arkansas, or an accredited post-secondary educational institution in the State of Arkansas; and

4. If displaying an expiration date, is not expired or expired no more than four (4) years before the date of the election in which the voter seeks to vote.

Documents and identification cards that will be accepted as verification of voter registration include without limitation: A driver’s license; A photo identification card; A concealed handgun carry license; A United States passport; An employee badge or identification document issued by an accredited post-secondary education institution in the State of Arkansas; A United States military identification document; A public assistance identification card if the card shows a photograph of the person to whom the document or identification card was issued; A voter verification card as provided under Ark. Code § 7-5-324.

A person who is a resident of a long-term care or residential care facility licensed by the state of Arkansas is not required to verify his or her registration by presenting a document or identification card as described above when voting in person but must provide documentation from the administrator of the facility attesting that the person is a resident of the facility.


Q:

What is the application deadline for Absentee Voting if applying by mail or by electronic means?

A:

By seven days before the election. “Electronic means” refers to email or fax.


Q:

How can I get help if I have questions about the voting process?

A:

Contact your county clerk. If you have access to a computer, email the Elections Division of the Arkansas Secretary of State at: electionsemail@sos.arkansas.gov. If you are a military or overseas citizen, you may also visit the website of the Federal Voting Assistance Program at (www.fvap.gov), which provides information for servicemen and women overseas. The FVAP also helps all military personnel with access to a DSN phone. Dial toll-free DSN 425-1584.


Q:

What voting systems have been selected for use in the state of Arkansas?

A:

Election Systems and Software was chosen as the vendor for voting equipment across Arkansas. Every county in the state is using one integrated voting system.


Q:

If I am in the military, how should I be registered?

A:

For voting purposes, military service members, their families and U.S. citizens residing overseas may use the address where they resided before entering service or their legal U.S. residence as the address where they register to vote. You may register to vote using an Arkansas Voter Registration Application or a Federal Post Card Application (FPCA SF-76). The FPCA simultaneously serves all states and territories as both a registration form and application for an absentee ballot.

Military personnel may contact their county clerk, the Federal Voting Assistance Program (FVAP) or their Voting Assistance Officer for further information or to obtain a Federal Post Card Application (FPCA). Call 1-800-438-8683 or e-mail the program at vote@fvap.gov or go to www.fvap.gov.

For Arkansas-specific information, visit:
www.sos.arkansas.gov/elections/military-and-overseas-citizens
UOCAVA FAQs


Q:

Can I fax or email a ballot to the County Clerk’s office?

A:

No. You may not fax or email a ballot.


Q:

What is the deadline for Delivery of Voted Ballot to County Clerk for UOCAVA voters?

A:

UOCAVA voters must vote their ballot by Election Day, and it must be received by their county clerk by 5:00 p.m. 10 days after the election.


Q:

What is a UOCAVA Voter?

A:

The term “UOCAVA” refers to the Uniformed and Overseas Citizens Absentee Voting Act. A UOCAVA voter is a military or overseas citizen and their spouse. Please visit our Military and Overseas Voting page for more information.


Q:

What is the deadline for Delivery of Voted Ballot to County Clerk if done by Mail?

A:

Must be received at clerk’s office by 7:30 p.m. ON election day.

-You may NOT fax or email a ballot.

-UOCAVA voters must vote their ballot by Election Day, and it must be received by their county clerk by 5:00 p.m. 10 days after the election.

Click here to learn more on UOCAVA.


Q:

What are the qualifications to vote Absentee?

A:

To be qualified to vote an absentee ballot, you must meet one of the following criteria:

- You will be unavoidably absent from your polling site on election day, OR

- You will be unable to attend your polling site on election day due to illness or physical disability, OR

- You are a member of the Uniformed Services, merchant marines or the spouse or a dependant family member and are away from your polling location due to the member’s active duty status, OR

- You are a U.S. citizen whose residence is in Arkansas but is temporarily living outside the territorial limits of the United States.


Q:

How do I request an Absentee Ballot?

A:

Option 1: Request to have an absentee ballot application sent to you by contacting your county clerk in the county where you are registered to vote.

Option 2: Download and complete an absentee ballot application, then return this application to the county clerk in the county where you are registered to vote.
www.sos.arkansas.gov/uploads/elections/Absentee_Ballot_Application_1.pdf


County Clerk Contact Information

How to Complete the Absentee Ballot Application
www.sos.arkansas.gov/uploads/elections/How_to_Complete_the_Absentee_Ballot_Application_-_Rev._10-2020_.pdf

Please contact your county clerk with any questions about voting absentee in your county.
www.sos.arkansas.gov/uploads/elections/County_Clerk_Contact_List_-_Rev._8-19-2020_.pdf


Q:

As a member of the armed forces who has been transferred, what is my official residence?

A:

Example: “I’ve been transferred, and most of the instructions refer to my legal voting residence and my county of residence.”

For voting purposes, your residence can be either the place you last resided before entering service, or it can be your new legal residence. Military and family members may change their legal residence each time they change permanent duty stations, or they may choose to retain their original residence. A valid street address - even your former address - is required to be sure you are voting in the correct precinct. P.O. Boxes are not allowed. Consult a legal officer before changing residence, because other factors besides voting must be considered.


Q:

What are the instructions for members of my family who are stationed with me?

A:

Family members follow the same procedures as military personnel. Please visit fvap.gov for more information.


Q:

How can I get help if I have questions about the voting process?

A:

Contact your county clerk. If you have access to a computer, email the Elections Division of the Arkansas Secretary of State at: electionsemail@sos.arkansas.gov. If you are a military or overseas citizen, you may also visit the website of the Federal Voting Assistance Program at (www.fvap.gov), which provides information for servicemen and women overseas. The FVAP also helps all military personnel with access to a DSN phone. Dial toll-free DSN 425-1584.


Q:

How do I get a Voter Verification Card?

A:

To obtain this voter verification card, voters will be required to complete an affidavit stating they do not possess such identification, and must provide documentation containing their full legal name and date of birth, as well as documentation containing their name and residential address. Please contact your county clerk for information regarding acceptable forms of documentation.


Q:

What are Voter Verification Cards?

A:

Voters who do not possess a valid form of identification meeting the requirements may obtain a free voter verification card at their county clerk’s office.

To obtain this voter verification card, voters will be required to complete an affidavit stating they do not possess such identification, and must provide documentation containing their full legal name and date of birth, as well as documentation containing their name and residential address. Please contact your county clerk for information regarding acceptable forms of documentation.


Q:

What if I can’t verify my registration?

A:

Voters unable to verify registration when voting in person shall be permitted to cast a provisional ballot. Provisional ballots cast in this manner will be counted if:

1. The voter completes a sworn statement at the polling site stating that the voter is registered to vote in this state and that he or she is the person registered to vote, and the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds, or

2. The voter returns to the county board of election commissioners or the county clerk by 12:00 noon on the Monday following the election and presents a document or identification card meeting the requirements described above, and the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds. (For more information about casting provisional ballots, see page 19)


Q:

What are Voter Verification Requirements?

A:

Each voter shall verify his or her registration when voting by presenting a document or identification card that:

1. Shows the name of the person to whom the document or identification card was issued;

2. Shows a photograph of the person to whom the document or identification card was issued;

3. Is issued by the United States, the State of Arkansas, or an accredited post-secondary educational institution in the State of Arkansas; and

4. If displaying an expiration date, is not expired or expired no more than four (4) years before the date of the election in which the voter seeks to vote.

Documents and identification cards that will be accepted as verification of voter registration include without limitation: A driver’s license; A photo identification card; A concealed handgun carry license; A United States passport; An employee badge or identification document issued by an accredited post-secondary education institution in the State of Arkansas; A United States military identification document; A public assistance identification card if the card shows a photograph of the person to whom the document or identification card was issued; A voter verification card as provided under Ark. Code § 7-5-324.

A person who is a resident of a long-term care or residential care facility licensed by the state of Arkansas is not required to verify his or her registration by presenting a document or identification card as described above when voting in person but must provide documentation from the administrator of the facility attesting that the person is a resident of the facility.


Q:

How do I request an Absentee Ballot?

A:

Option 1: Request to have an absentee ballot application sent to you by contacting your county clerk in the county where you are registered to vote.

Option 2: Download and complete an absentee ballot application, then return this application to the county clerk in the county where you are registered to vote.
www.sos.arkansas.gov/uploads/elections/Absentee_Ballot_Application_1.pdf


County Clerk Contact Information

How to Complete the Absentee Ballot Application
www.sos.arkansas.gov/uploads/elections/How_to_Complete_the_Absentee_Ballot_Application_-_Rev._10-2020_.pdf

Please contact your county clerk with any questions about voting absentee in your county.
www.sos.arkansas.gov/uploads/elections/County_Clerk_Contact_List_-_Rev._8-19-2020_.pdf


Q:

When is the Primary Election for 2022?

A:

​The Primary Election is May 24, 2022.


Q:

When is the general election for 2022

A:

November 8, 2022


Q:

When can I file as a candidate?

A:

The candidate filing period for state, district, county and township offices is dependent upon when the primary election will be held.

During presidential election years, the candidate filing period is held near the end of October the year before the election.

During gubernatorial (Governor) elections, the candidate filing period is held near the end of February of the year of the election.


Q:

If a registration deadline is near, is there a way to ensure my eligibility?

A:

One method of application that will ensure your eligibility is to apply in person with your county clerk.


Q:

What is the Registration Deadline for an address change?

A:

If you are changing your residence to another county within the state, your updated registration must be received by the county clerk’s office in the new county no later than 4 days before a scheduled election.


Q:

What is the Registration Deadline for a voter registration drive?

A:

If you completed your application at a voter registration drive, the organizers must submit it to the county clerk or Secretary of State’s office within 21 days of the date on the application and no later than 30 days prior to the next election.


Q:

What is the Registration Deadline for a new registration?

A:

You must submit your application to an official voter registration agency or mail it no later than 30 days prior to an election in which you wish to vote. The postmark on a mailed application will be its submission date.


Q:

What is the deadline for Delivery of Voted Ballot to County Clerk if done by Mail?

A:

Must be received at clerk’s office by 7:30 p.m. ON election day.

-You may NOT fax or email a ballot.

-UOCAVA voters must vote their ballot by Election Day, and it must be received by their county clerk by 5:00 p.m. 10 days after the election.

Click here to learn more on UOCAVA.


Q:

What is the deadline for Delivery of Voted Ballot to County Clerk if done by Authorized Agent?

A:

By 7:30 p.m. on election day.


Q:

What is the deadline for Delivery of Voted Ballot to County Clerk if done by Designated Bearer?

A:

By 7:30 p.m. on election day.


Q:

What is the In-Person deadline for Delivery of Voted Ballot to County Clerk?

A:

By close of business the day before the election.


Q:

What is the Ballot Pickup deadline if done by anyone other than a Designated Bearer?

A:

No deadline is specified in Arkansas law. You should base your ballot pick-up on the ability to return it to the County Clerk on time.


Q:

What is the Ballot Pickup deadline if done by a Designated Bearer?

A:

No earlier than 15 days before a preferential primary election, general election, school election, or special election and no earlier than seven days before a runoff election.


Q:

What is the application deadline for Absentee Voting if applying by Authorized Agent?

A:

By 1:30 p.m. ON election day. The authorized agent must file with the County Clerk an affidavit from the administrative head of a hospital or nursing home located in this state verifying that the applicant is a patient of the hospital or long-term care or residential care facility licensed by the state and is thereby unable to vote on the election day at his or her regular polling site.

Mentions “Authorized Agent” here. Can we define?


Q:

What is the application deadline for Absentee Voting if done by my Designated Bearer or Administrator?

A:

By the close of business the day before the election

Mentions “Administrator” here. Can we define?

For more information on Designated Bearer, visit the Absentee Voting page.


Q:

What is the In-Person application deadline for Absentee Voting?

A:

By the close of the business day before the election.


Q:

How long does it take for athlete agents to get registered or renewed?

A:

If everything is submitted that is required, it will take 3-5 business days.


Q:

My check bounced, what do I do?

A:

Call 501-682-5070 for questions regarding bounced checks for athlete agents.


Q:

Where is the form for Arkansas athlete agents?


Q:

What law governs Arkansas athlete agents?


Q:

I have a complaint about an athlete agent who can I complain to?


Q:

How do I look to see if an athlete agent is active in Arkansas?


Q:

I am no longer working with an agency, how do I let the state know?

A:

You just need to submit a letter stating you are no longer with that agency and if you have switched which agency you are with. The Secretary of State’s Office will update your file.


Q:

I lost my athlete agent certificate renewal/registration can I get a copy?

A:

Yes, the Secretary of State’s Office keeps copies of your certificate on file.


Q:

What happens if my athlete agent registration is rejected?

A:

You will receive a rejection letter stating what is missing and your paperwork.


Q:

What will I receive back from my Athlete Agent renewal or registration.

A:

1. Your paperwork with a filed stamp.
2. A registration or renewal letter.
3. Certificate of registration or renewal.


Q:

What if I have a valid athlete agent registration from another state?

A:

If you have a valid registration from another state that was issued within the last 6 months and the application is similar or more comprehensive as the Arkansas application and the application was signed under penalty of perjury, we will accept that application.


Q:

What is the fee if the existing application (renewals/registration) from the another state is excepted?

A:

$100


Q:

How long is the athlete agent registration or renewal valid for?

A:

2 Years


Q:

What is the fee to register or renew an athlete agent?

A:

$500


Q:

What is your office hours?

A:

Monday-Friday 8:00am-4:30pm CST. This may vary due to holidays.


Q:

I have additional questions on where to start my financial report.


Q:

Where do I sign up to file my financial reports?


Q:

I am looking for archived financial disclosure reports, where do I get them and what years?


Q:

I need help with my statement of financial interest who do I call and what is the number?

A:

You will need to contact the Arkansas Ethics Commission at 501-324-9600.


Q:

Do you have tutorials that I can look at for financial disclosure?


Q:

I would like a paper copy of the statement of financial interest?


Q:

How do I file my Statement of Financial statement online?


Q:

Where do I file my lobbyist report?


Q:

Where do I file my campaign report?


Q:

Where do I file my PAC report?



Business & Commercial Services

Q:

What are the office hours for the Business and Commercial Services offices in Little Rock and Fayetteville?

A:

Office hours are Monday - Friday, 8:00am - 4:00pm Central Standard Time.


Q:

Does the Business & Commercial Services Division have phone numbers for corporations or for their officers or registered agent?

A:

No, only addresses are on file.


Q:

How does a corporation become an “S- Corp?”

A:

The Internal Revenue Service grants the “S-Corp” designation when a corporation elects to be taxed under Subchapter S of the Internal Revenue Tax Code. Being an “S-Corporation” is a tax matter only.


Q:

What is an “S” or a “C” corporation?

A:

“S” and “C” in this instance refer to federal tax laws that are applicable to a particular corporation. The Secretary of State does not have information that shows whether a corporation is an “S” or a “C”. Questions about the meaning of these designations and the differences in the two types of corporations should be addressed to the Internal Revenue Service, www.irs.gov or to an accountant or attorney.


Q:

How many officers must a corporation have?

A:

A corporation has officers as described in its bylaws. The same individual may hold more than one office, including that of President and Secretary. (A.C.A. 4-27-840). However, at least one officer must be listed on file with the SOS for franchise tax requirements.


Q:

Are the shareholders or owners of an entity listed with the Secretary of State?

A:

No, the entity maintains that information. The Secretary of State does not track ownership of an entity.


Q:

Are entities’ bylaws/operating agreement filed with the Secretary of State?

A:

No, the entity maintains those records.


Q:

How can a nonprofit corporation obtain tax-exempt status?

A:

The Internal Revenue Service determines the taxing status of nonprofit corporations.


Q:

Why do the Articles of Incorporation for a nonprofit corporation require information on the distribution of assets upon dissolution?

A:

Asset distribution information is required by the Internal Revenue Service to determine the tax status of nonprofit corporations.


Q:

What must be included in nonprofit articles of incorporation?

A:

The articles of incorporation must include:
A) a corporate name for the corporation,
B) one (1) of the following three statements; 1) this corporation is a public benefit corporation, 2) this corporation is a mutual benefit corporation, or 3) this corporation is a religious corporation;
C) the street address of the corporation’s initial registered office and the name of its initial registered agent at that office;
D) the name and address of each incorporator, E) whether or not the corporation will have members; and
F) provisions not inconsistent with law regarding the distribution of assets on dissolution. These are minimum requirements and there are other items that may be included and an incorporator should discuss the matter with legal counsel.


Q:

What is a “certified copy”?

A:

A “certified copy” is a true and perfect copy of a document that has been verified and so noted by the Secretary of State.


Q:

What is a “certificate of existence?”

A:

A “certificate of existence” is a statement issued by the Secretary of State noting basic corporate information and current tax status.


Q:

What is a “certificate of good standing?”

A:

A “certificate of good standing” is a statement issued by the Secretary of State noting that a specific entity has the authority to transact business in the state. You can find out more information about the process of obtaining a certificate of good standing here.


Q:

What does it mean when a corporation is revoked?

A:

Entities that are in a revoked status endanger their corporate protections and are barred from many corporate activities. Revocation commonly occurs when an entity fails to comply with all franchise tax obligations.


Q:

Can I search online for corporate name availability?

A:

Searches of existing corporate names can be performed online. However, the availability of a name is not guaranteed until the forms are actually file marked by the BCS Division of the Secretary of State. A preliminary name search can be performed at https://www.sos.arkansas.gov/corps/search_all.php.

Please note: there are name restrictions that may not be evident when using the preliminary name-search above. Please be sure to review the name-availability guidelines at: https://www.sos.arkansas.gov/uploads/bcs/BCS_Name_Availability_Guidelines.7__.28__.21__.final__%281%29_.pdf


Q:

Where could I find out about a company not on file with the Secretary of State?

A:

Businesses not required to file with the Secretary of State may have filed with the county clerk in the county where the business is located. Please check with the applicable county clerk’s office for information regarding a company not on file with the Secretary of State.


Q:

When a foreign entity no longer conducts business in Arkansas, what needs to be filed?

A:

First, the entity must be current on all franchise taxes, including a final report for the current year. Next, they should file an Application for Withdrawal/Cancelation depending upon their entity type. See our website for more information. A.C.A. 4-27-1520 (for-profit) or A.C.A. 4-33-1520 (nonprofit).


Q:

How does an out-of-state (foreign) entity register with the State of Arkansas

A:

Submit an application for the entity type along with an original certificate of existence (“good standing”) from the “home” state, dated within the last 30 days. See our website for all filing fees.

Foreign Entities


Q:

What happens if an out-of-state (foreign) corporation does not file with the Secretary of State?

A:

A.C.A. § 4-27-1501(profit), A.C.A. § 4-33-1501(nonprofit), or A.C.A. § 4-32-1007(LLCs) list the “consequences of transacting business without authority.” Corporations with no certificate of authority cannot file a lawsuit in the State of Arkansas. A for-profit corporation that begins transacting business in Arkansas without authority may be liable for a civil penalty of not less than $100 and not more than $5,000.


Q:

Is an out-of-state corporation required to file with the Arkansas Secretary of State?

A:

Sometimes. A corporation incorporated in another state, a “foreign” corporation under Arkansas law, should review the provisions of A.C.A. § 4-27-1501 (profit), A.C.A. § 4-33-1501 (nonprofit), or A.C.A. § 4-32-1007(LLCs). You will notice that these laws state that “[a] foreign corporation may not transact business in this state until it obtains a certificate of authority from the Secretary of State”. A corporation that is uncertain about this question should consult its legal counsel. For more information, click HERE for Foreign Corporation Transacting Business in Arkansas guidelines.


Q:

What is a “foreign filing”?

A:

A foreign filing is any filing related to a business entity that is incorporated or organized under the laws of a state or jurisdiction other than the State of Arkansas (i.e., a foreign corporation or foreign business entity).


Q:

What is a “domestic filing”?

A:

A domestic filing is any filing related to a business entity that is incorporated or organized under the laws of the state of Arkansas (i.e., a domestic corporation or domestic business entity).


Q:

How can I submit my company’s franchise tax?

A:

Franchise taxes are paid to the Arkansas Secretary of State’s business services division. They can be filed online (https://www.ark.org/sos/franchise/index.php), via mail, or in person at our Little Rock or Fayetteville office.


Q:

What is the franchise tax?

A:

The franchise tax is a privilege tax imposed on corporations, including banking and insurance entities and limited liability companies that are registered in Arkansas. The tax is also imposed on foreign corporations and limited liability companies that transact business in Arkansas. (A.C.A. 26-54-101).


Q:

How do I change my articles of incorporation or certificate of organization?

A:

An Article/Certificate of Amendment amends a corporation’s/LLC’sinformation. Amendment forms are available online. Examples of changes that can be made include officer names, corporate name, registered agent, and other provisions in the original articles of incorporations/certificate of organization.


Q:

Why do I need to list an officer when filing articles of incorporation or certificate of organization?

A:

For the SOS to carry out the duties of collecting franchise taxes (A.C.A. § 26-54-101 et seq.), we must have the name of at least one individual who is responsible for payment of franchise taxes.


Q:

What or who is an incorporator/organizer?

A:

An incorporator/organizer is the person responsible for filing the articles of incorporation or certificate of organization. The incorporator/organizer may or may not be an officer, shareholder or the registered agent. A.C.A. §4-27-201.


Q:

What must be included in articles of incorporation?

A:

Articles of incorporation must include: a) the name of the corporation, b) the number of shares the corporation is authorized to issue, c) the street address of the corporation’s initial registered office and the name of its initial registered agent at that office, d) the name and address of each incorporator, e) the name of at least one officer or director, and f) the primary purpose or purposes for which the corporation is organized. These are minimum requirements and there are other items that may be included and an incorporator should discuss the matter with legal counsel.


Q:

Are fictitious or trade names registered with the Secretary of State?

A:

Yes. “No corporation (domestic or foreign) shall conduct any business in this state under a fictitious name unless it first files with the Secretary of State, and, in case of a domestic corporation, with the county clerk of the county in which the corporation’s registered office is located (unless it is located in Pulaski County).” A.C.A. § 4-27-404(a).


Q:

If my company incorporates, will anyone else be able to use the name?

A:

Issuance of a name by the BCS Division does not necessarily give a person the exclusive right to use that name. Please review our name availability guidelines online at https://www.sos.arkansas.gov/business-commercial-services-bcs/for-new-business.


Q:

How do I change an officer(s) of a corporation?

A:

Officer changes can be made when filing an annual franchise tax report with the SOS, or by filing an amendment with the SOS online at www.sos.arkansas.gov.


Q:

How can I change the registered agent of my corporation?

A:

A “Notice of Change of Registered Agent” can be used to change the name or address of a registered agent. This document can be filed online here or click here for a PDF change form.


Q:

What is the “registered agent” of a corporation?

A:

The registered agent is the “mailbox” for the corporation. He or she is the person or entity designated by the corporation to receive any service of legal action or other official communication on its behalf. The registered agent may or may not be an owner, shareholder or officer of the corporation. Many corporations use their attorney or a professional corporate service company for this service. The registered agent’s address must be a street address in Arkansas, and the agent must be located at that address. A post office box or “mail drop” may not be used as the registered agent address.


Q:

What does “A.C.A.” mean?

A:

It stands for “Arkansas Code Annotated” and is often referred to as “the Code.” In short, it is Arkansas state law. Laws regarding corporations, LLCs and partnerships are found in Title 4 of the Code. All Arkansas law can be accessed online at the Arkansas General Assembly’s website at: https://www.arkleg.state.ar.us/ (Click the “Arkansas Code” link).


Q:

How long does it take to complete a filing with the Business & Commercial Services Division?

A:

The Office completes most filings such as articles of incorporation, amendments, mergers or dissolutions within two business days of receipt. If you choose to visit the office in person the filings can often be completed while you wait (sometimes due to heavy volumes of filings, there may be a 48 hour turnaround time for all drop-offs). Annual reports are generally processed in one to two weeks. The date of a filing is the date it is received by the BCS Division. If a post-effective date is specified in the document, the filing is effective on that date.


Q:

How do I obtain paper forms for various corporate filings?

A:

Paper forms can be obtained by calling 501-682-3409. Forms can also be downloaded via the Internet on our Forms / Fees / Records Request page at: https://www.sos.arkansas.gov/business-commercial-services-bcs/forms-fees


Q:

Should I incorporate my business?

A:

Business owners must research this question on their own and should consult a lawyer and/or tax professional in making the decision. Factors to be considered include tax issues, liability issues, capital needs and the type of business, among many others. Click here for a brief summary of the most common forms of business. If a decision is made to form a corporation, the staff of the Business & Commercial Services Division can assist with the process of incorporation.


Q:

What types of entities are on file with the Business and Commercial Services Division of the Secretary of State?

A:

Business corporations, nonprofit corporations, professional corporations, limited partnerships, limited liability partnerships and limited liability companies are required to file with the Secretary of State. The above entities that form in other states must file with the Arkansas Secretary of State as “foreign” entities in order to transact business in the state. More information can be found within our “Doing Business in Arkansas” handbook here: https://www.sos.arkansas.gov/uploads/198246_SoA_SoS_DoingBus.pdf


Q:

Where would I obtain a business license?

A:

Most businesses that require a state license or permit are regulated by a state board or commission. For example, to sell real estate you must obtain a license from the Real Estate Commission. Most cities in Arkansas also issue a privilege or business license. We encourage you to contact your local city hall prior to opening your business.

To ensure an appropriate license is secured, please also consider contacting your own attorney.


Q:

How do I get a “tax number”?

A:

A “tax number” may refer to a sales tax identification number and can be obtained from the Revenue Division of the Department of Finance and Administration. You may contact that division by telephone at 501-682-1895.
https://atap.arkansas.gov


Q:

How does my business obtain an EIN (Employee Identification Number) or “federal ID number” for my corporation?

A:

The Employee Identification Number is obtained from the Internal Revenue Service, https://www.irs.gov/businesses/small-businesses-self-employed/how-to-apply-for-an-ein. The Business & Commercial Services Division does not issue EINs.


Q:

How do I ensure I will receive confirmation emails?

A:

To ensure you receive these e-mails, please check your Junk folder and/or your Deleted folder.

If the above option did not correct the situation, please ask your system administrator to “whitelist” the domain “ark.org” on their spam filter/server rules.


Q:

What are the office hours for the Business and Commercial Services offices in Little Rock and Fayetteville?

A:

Office hours are Monday - Friday, 8:00am - 4:00pm Central Standard Time.


Q:

Does the Business & Commercial Services Division have phone numbers for corporations or for their officers or registered agent?

A:

No, only addresses are on file.


Q:

How does a corporation become an “S- Corp?”

A:

The Internal Revenue Service grants the “S-Corp” designation when a corporation elects to be taxed under Subchapter S of the Internal Revenue Tax Code. Being an “S-Corporation” is a tax matter only.


Q:

What is an “S” or a “C” corporation?

A:

“S” and “C” in this instance refer to federal tax laws that are applicable to a particular corporation. The Secretary of State does not have information that shows whether a corporation is an “S” or a “C”. Questions about the meaning of these designations and the differences in the two types of corporations should be addressed to the Internal Revenue Service, www.irs.gov or to an accountant or attorney.


Q:

How many officers must a corporation have?

A:

A corporation has officers as described in its bylaws. The same individual may hold more than one office, including that of President and Secretary. (A.C.A. 4-27-840). However, at least one officer must be listed on file with the SOS for franchise tax requirements.


Q:

Are the shareholders or owners of an entity listed with the Secretary of State?

A:

No, the entity maintains that information. The Secretary of State does not track ownership of an entity.


Q:

Are entities’ bylaws/operating agreement filed with the Secretary of State?

A:

No, the entity maintains those records.


Q:

How can a nonprofit corporation obtain tax-exempt status?

A:

The Internal Revenue Service determines the taxing status of nonprofit corporations.


Q:

Why do the Articles of Incorporation for a nonprofit corporation require information on the distribution of assets upon dissolution?

A:

Asset distribution information is required by the Internal Revenue Service to determine the tax status of nonprofit corporations.


Q:

What must be included in nonprofit articles of incorporation?

A:

The articles of incorporation must include:
A) a corporate name for the corporation,
B) one (1) of the following three statements; 1) this corporation is a public benefit corporation, 2) this corporation is a mutual benefit corporation, or 3) this corporation is a religious corporation;
C) the street address of the corporation’s initial registered office and the name of its initial registered agent at that office;
D) the name and address of each incorporator, E) whether or not the corporation will have members; and
F) provisions not inconsistent with law regarding the distribution of assets on dissolution. These are minimum requirements and there are other items that may be included and an incorporator should discuss the matter with legal counsel.


Q:

What is a “certified copy”?

A:

A “certified copy” is a true and perfect copy of a document that has been verified and so noted by the Secretary of State.


Q:

What is a “certificate of existence?”

A:

A “certificate of existence” is a statement issued by the Secretary of State noting basic corporate information and current tax status.


Q:

What is a “certificate of good standing?”

A:

A “certificate of good standing” is a statement issued by the Secretary of State noting that a specific entity has the authority to transact business in the state. You can find out more information about the process of obtaining a certificate of good standing here.


Q:

What does it mean when a corporation is revoked?

A:

Entities that are in a revoked status endanger their corporate protections and are barred from many corporate activities. Revocation commonly occurs when an entity fails to comply with all franchise tax obligations.


Q:

Can I search online for corporate name availability?

A:

Searches of existing corporate names can be performed online. However, the availability of a name is not guaranteed until the forms are actually file marked by the BCS Division of the Secretary of State. A preliminary name search can be performed at https://www.sos.arkansas.gov/corps/search_all.php.

Please note: there are name restrictions that may not be evident when using the preliminary name-search above. Please be sure to review the name-availability guidelines at: https://www.sos.arkansas.gov/uploads/bcs/BCS_Name_Availability_Guidelines.7__.28__.21__.final__%281%29_.pdf


Q:

Where could I find out about a company not on file with the Secretary of State?

A:

Businesses not required to file with the Secretary of State may have filed with the county clerk in the county where the business is located. Please check with the applicable county clerk’s office for information regarding a company not on file with the Secretary of State.


Q:

When a foreign entity no longer conducts business in Arkansas, what needs to be filed?

A:

First, the entity must be current on all franchise taxes, including a final report for the current year. Next, they should file an Application for Withdrawal/Cancelation depending upon their entity type. See our website for more information. A.C.A. 4-27-1520 (for-profit) or A.C.A. 4-33-1520 (nonprofit).


Q:

How does an out-of-state (foreign) entity register with the State of Arkansas

A:

Submit an application for the entity type along with an original certificate of existence (“good standing”) from the “home” state, dated within the last 30 days. See our website for all filing fees.

Foreign Entities


Q:

What happens if an out-of-state (foreign) corporation does not file with the Secretary of State?

A:

A.C.A. § 4-27-1501(profit), A.C.A. § 4-33-1501(nonprofit), or A.C.A. § 4-32-1007(LLCs) list the “consequences of transacting business without authority.” Corporations with no certificate of authority cannot file a lawsuit in the State of Arkansas. A for-profit corporation that begins transacting business in Arkansas without authority may be liable for a civil penalty of not less than $100 and not more than $5,000.


Q:

Is an out-of-state corporation required to file with the Arkansas Secretary of State?

A:

Sometimes. A corporation incorporated in another state, a “foreign” corporation under Arkansas law, should review the provisions of A.C.A. § 4-27-1501 (profit), A.C.A. § 4-33-1501 (nonprofit), or A.C.A. § 4-32-1007(LLCs). You will notice that these laws state that “[a] foreign corporation may not transact business in this state until it obtains a certificate of authority from the Secretary of State”. A corporation that is uncertain about this question should consult its legal counsel. For more information, click HERE for Foreign Corporation Transacting Business in Arkansas guidelines.


Q:

What is a “foreign filing”?

A:

A foreign filing is any filing related to a business entity that is incorporated or organized under the laws of a state or jurisdiction other than the State of Arkansas (i.e., a foreign corporation or foreign business entity).


Q:

What is a “domestic filing”?

A:

A domestic filing is any filing related to a business entity that is incorporated or organized under the laws of the state of Arkansas (i.e., a domestic corporation or domestic business entity).


Q:

How can I submit my company’s franchise tax?

A:

Franchise taxes are paid to the Arkansas Secretary of State’s business services division. They can be filed online (https://www.ark.org/sos/franchise/index.php), via mail, or in person at our Little Rock or Fayetteville office.


Q:

What is the franchise tax?

A:

The franchise tax is a privilege tax imposed on corporations, including banking and insurance entities and limited liability companies that are registered in Arkansas. The tax is also imposed on foreign corporations and limited liability companies that transact business in Arkansas. (A.C.A. 26-54-101).


Q:

How do I change my articles of incorporation or certificate of organization?

A:

An Article/Certificate of Amendment amends a corporation’s/LLC’sinformation. Amendment forms are available online. Examples of changes that can be made include officer names, corporate name, registered agent, and other provisions in the original articles of incorporations/certificate of organization.


Q:

Why do I need to list an officer when filing articles of incorporation or certificate of organization?

A:

For the SOS to carry out the duties of collecting franchise taxes (A.C.A. § 26-54-101 et seq.), we must have the name of at least one individual who is responsible for payment of franchise taxes.


Q:

What or who is an incorporator/organizer?

A:

An incorporator/organizer is the person responsible for filing the articles of incorporation or certificate of organization. The incorporator/organizer may or may not be an officer, shareholder or the registered agent. A.C.A. §4-27-201.


Q:

What must be included in articles of incorporation?

A:

Articles of incorporation must include: a) the name of the corporation, b) the number of shares the corporation is authorized to issue, c) the street address of the corporation’s initial registered office and the name of its initial registered agent at that office, d) the name and address of each incorporator, e) the name of at least one officer or director, and f) the primary purpose or purposes for which the corporation is organized. These are minimum requirements and there are other items that may be included and an incorporator should discuss the matter with legal counsel.


Q:

Are fictitious or trade names registered with the Secretary of State?

A:

Yes. “No corporation (domestic or foreign) shall conduct any business in this state under a fictitious name unless it first files with the Secretary of State, and, in case of a domestic corporation, with the county clerk of the county in which the corporation’s registered office is located (unless it is located in Pulaski County).” A.C.A. § 4-27-404(a).


Q:

If my company incorporates, will anyone else be able to use the name?

A:

Issuance of a name by the BCS Division does not necessarily give a person the exclusive right to use that name. Please review our name availability guidelines online at https://www.sos.arkansas.gov/business-commercial-services-bcs/for-new-business.


Q:

How do I change an officer(s) of a corporation?

A:

Officer changes can be made when filing an annual franchise tax report with the SOS, or by filing an amendment with the SOS online at www.sos.arkansas.gov.


Q:

How can I change the registered agent of my corporation?

A:

A “Notice of Change of Registered Agent” can be used to change the name or address of a registered agent. This document can be filed online here or click here for a PDF change form.


Q:

What is the “registered agent” of a corporation?

A:

The registered agent is the “mailbox” for the corporation. He or she is the person or entity designated by the corporation to receive any service of legal action or other official communication on its behalf. The registered agent may or may not be an owner, shareholder or officer of the corporation. Many corporations use their attorney or a professional corporate service company for this service. The registered agent’s address must be a street address in Arkansas, and the agent must be located at that address. A post office box or “mail drop” may not be used as the registered agent address.


Q:

What does “A.C.A.” mean?

A:

It stands for “Arkansas Code Annotated” and is often referred to as “the Code.” In short, it is Arkansas state law. Laws regarding corporations, LLCs and partnerships are found in Title 4 of the Code. All Arkansas law can be accessed online at the Arkansas General Assembly’s website at: https://www.arkleg.state.ar.us/ (Click the “Arkansas Code” link).


Q:

How long does it take to complete a filing with the Business & Commercial Services Division?

A:

The Office completes most filings such as articles of incorporation, amendments, mergers or dissolutions within two business days of receipt. If you choose to visit the office in person the filings can often be completed while you wait (sometimes due to heavy volumes of filings, there may be a 48 hour turnaround time for all drop-offs). Annual reports are generally processed in one to two weeks. The date of a filing is the date it is received by the BCS Division. If a post-effective date is specified in the document, the filing is effective on that date.


Q:

How do I obtain paper forms for various corporate filings?

A:

Paper forms can be obtained by calling 501-682-3409. Forms can also be downloaded via the Internet on our Forms / Fees / Records Request page at: https://www.sos.arkansas.gov/business-commercial-services-bcs/forms-fees


Q:

Should I incorporate my business?

A:

Business owners must research this question on their own and should consult a lawyer and/or tax professional in making the decision. Factors to be considered include tax issues, liability issues, capital needs and the type of business, among many others. Click here for a brief summary of the most common forms of business. If a decision is made to form a corporation, the staff of the Business & Commercial Services Division can assist with the process of incorporation.


Q:

What types of entities are on file with the Business and Commercial Services Division of the Secretary of State?

A:

Business corporations, nonprofit corporations, professional corporations, limited partnerships, limited liability partnerships and limited liability companies are required to file with the Secretary of State. The above entities that form in other states must file with the Arkansas Secretary of State as “foreign” entities in order to transact business in the state. More information can be found within our “Doing Business in Arkansas” handbook here: https://www.sos.arkansas.gov/uploads/198246_SoA_SoS_DoingBus.pdf


Q:

Where would I obtain a business license?

A:

Most businesses that require a state license or permit are regulated by a state board or commission. For example, to sell real estate you must obtain a license from the Real Estate Commission. Most cities in Arkansas also issue a privilege or business license. We encourage you to contact your local city hall prior to opening your business.

To ensure an appropriate license is secured, please also consider contacting your own attorney.


Q:

How do I get a “tax number”?

A:

A “tax number” may refer to a sales tax identification number and can be obtained from the Revenue Division of the Department of Finance and Administration. You may contact that division by telephone at 501-682-1895.
https://atap.arkansas.gov


Q:

How does my business obtain an EIN (Employee Identification Number) or “federal ID number” for my corporation?

A:

The Employee Identification Number is obtained from the Internal Revenue Service, https://www.irs.gov/businesses/small-businesses-self-employed/how-to-apply-for-an-ein. The Business & Commercial Services Division does not issue EINs.


Q:

How do I ensure I will receive confirmation emails?

A:

To ensure you receive these e-mails, please check your Junk folder and/or your Deleted folder.

If the above option did not correct the situation, please ask your system administrator to “whitelist” the domain “ark.org” on their spam filter/server rules.


Q:

How can I submit my company’s franchise tax?

A:

Franchise taxes are paid to the Arkansas Secretary of State’s business services division. They can be filed online (https://www.ark.org/sos/franchise/index.php), via mail, or in person at our Little Rock or Fayetteville office.


Q:

What is the franchise tax?

A:

The franchise tax is a privilege tax imposed on corporations, including banking and insurance entities and limited liability companies that are registered in Arkansas. The tax is also imposed on foreign corporations and limited liability companies that transact business in Arkansas. (A.C.A. 26-54-101).


Q:

What are the office hours for the Business and Commercial Services offices in Little Rock and Fayetteville?

A:

Office hours are Monday - Friday, 8:00am - 4:00pm Central Standard Time.


Q:

What is a Submitter Account, why do I need it, and how do I get one?

A:

The Information Network of Arkansas requires all electronic UCC filers to have a Submitter Account in order to use the Online Filing System. To apply for an online account go to this link https://portal.arkansas.gov/ina-subscriber-account/.


First, click on “UCC Online Search & Filing “, then “New User? Register Here” and complete the forms. The annual subscription fee is $150.00.


Q:

When can a filer continue or amend a UCC financing statement and transfer it to the Secretary of State’s office?

A:

A Filings may be continued or amended at the Secretary of State’s office. However, continuations will be rejected if they do not fall within the six (6) month continuation window.


Q:

Where are farm stored commodity loans financed by the Commodity Credit Corporation of the USDA to be filed?

A:

As of January 1, 2013 these filings were transitioned to the Secretary of State’s Office.


Q:

What filing numbers will I use to find documents with the Secretary of State’s Office?

A:

Once the UCC filing is on file with the Secretary of State’s Office, the file will be given a new filing number. All references with this office will be conducted with the new filing number. All county filing numbers will not be searchable in the SOS centralized database.


Q:

How do I continue a document that is not recorded with the Secretary of State?

A:

Financing Statements that need to be continued must be submitted on a UCC-3 and be accompanied by certified copies of the initial financing statement (which includes all additional subsequent filings related to the initial file.)


Q:

Are fixture filings affected by the change in the law?

A:

This change does not affect the filing of a mortgage on the related real property if the collateral is “as-extracted collateral or timber to be cut” or if the financing statement is filed as “a fixture filing and the collateral is goods that are or are to become fixtures”.


Q:

Why should I file electronically?

A:

Savings (no hidden fees, no postage, no copy charge); convenience (no paper forms to fill out, no mail delays); speed (Instant search results, position granted immediately)


Q:

What are the transaction fees associated with the UCC Online Filing System?

A:

New Filing $16.00; Termination (of Filings dated earlier than 7/28/1995) $6.00; Termination (of Filings dated on or after 7/28/1995) No Charge; Continuation $6.00; Search (with results) $6.00 Search (no results) $6.00.


Q:

Why use this system? Why not just call technical support?

A:

By submitting an error report to the system, you can easily track and document your problem, and the responses from technical support. Since technical support is alerted each time a report is submitted, you may get a faster response than calling on the phone.


Q:

What is a ticket tracking system?

A:

A ticket tracking system is a method for reporting problems electronically. When you experience an error, you can report the incident and receive a ticket number. Using the ticket number you can track the progress of your problem until it is resolved by technical support. You can use the ticket tracking system to correspond with technical support, even send and receive files through the system.


Q:

How does eNotary (electronic notarization) differ from regular notary?

A:

eNotary abides by all of the same rules and regulations as those that apply to “traditional” notaries. The only difference is the way in which the signature of the client and notary are applied to the document. eNotary uses a digital form of signature capture (keyboard, touchscreen, signature pad, etc.) rather than an ink pen. https://www.sos.arkansas.gov/business-commercial-services-bcs/enotary


Q:

Where is the Arkansas eNotary Law located?

A:

In the Arkansas Notary Public & eNotary Handbook available at https://www.sos.arkansas.gov/uploads/NHB_2019_Web.pdf​.


Q:

Where can I find an eNotary?

A:

A searchable database for eNotaries is found at http://bcs.sos.arkansas.gov. Click the “search notaries” box and make sure to enable the check box next to “eNotary” in the search fields. Some eNotaries have made their email addresses public.


Q:

What continuing education is required?

A:

eNotaries are required to complete online refresher training every two years. You will receive an email reminder. Training is done through the American Society of Notaries at a cost of $30. https://www.asnnotary.org/?form=courseinfo&cid=33


Q:

What is the cost to become an eNotary?

A:

The eNotary application requires an online filing fee of $20 (plus a $5 convenience fee). The online training and exam is $30. Refresher training is required every two years ($30). The traditional notary filing fee is $20 for ten years.

The fees associated with registering with the solution provider will vary depending on the provider selected. Research each company to see which solution best fits your needs.


Q:

Who is eligible to provide eNotary electronic solutions?

A:

Only companies who are Approved Electronic Solution Providers are eligible to provide eNotary services to Arkansas eNotaries. You may find information about the five approved solution providers here: https://www.sos.arkansas.gov/business-commercial-services-bcs/approved-electronic-solution-providers


Q:

Can I submit an application to become an eNotary at the same time as my application to become a regular notary?

A:

No. You will need to wait until your regular notary commission has been fully processed before you can submit your eNotary application. Once your traditional notary status shows “good standing” on our website, you may proceed with the eNotary application.


Q:

Does eNotary allow the remote online notarization (RON) of documents such as those witnessed being signed over a webcam?

A:

eNotary does not allow remote online notarization of documents. All of the same rules and regulations that apply to a traditional, paper notarization also apply to electronically signed documents including a personal appearance before the notary and establishing identity.


Q:

How do I update changes to my personal information such as my name, address, and/or email address?

A:

Updating your eNotary record is done the same way as updating your traditional notary record. Complete an amendment through your online account on the web portal at http://bcs.sos.arkansas.gov. Then, you will send the signed, original form to the Office of the Secretary of State. If you’re changing your name, make sure to also include a certified copy of the marriage license, divorce decree or other court order listing the new name.

Your solution provider will also need you to update your information with them. If the record on file with us and the record on file with the solution provider do not match, you may be temporarily suspended from access to your eNotary seal until all information has been updated.


Q:

How will I be notified if my application has been accepted or rejected?

A:

If your application is accepted you will be notified by email. It will remind you to complete the eNotary training and exam.

https://www.sos.arkansas.gov/business-commercial-services-bcs/enotary


Q:

Why am I required to list two email addresses on my application?

A:

Since eNotary is an electronic method, communication with eNotaries will most often be by email. Having a primary and secondary email address ensures we can reach you.


Q:

What are the steps to apply to become an eNotary?

A:

Step 1: Complete the online eNotary Application Filing www.bcs.sos.arkansas.gov. The filing fee is $20 (plus a $5 convenience fee) payable by credit card only. You may need to create an online account if you don’t have one.

Step 2: Upon email notification of acceptance of the application, complete the required training and examination ($30) through the American Society of Notaries https://www.asnnotary.org/?form=courseinfo&cid=33. There is free training to help you prepare https://www.sos.arkansas.gov/business-commercial-services-bcs/enotary

Step 3: Pass the exam with at least an 80% score. You are allowed two attempts at the exam in a 12-month period.

Step 4: Upon successful completion of the training and exam, email the certificate to notary@sos.arkansas.gov.

Step 5: Evaluate and register with one of the five approved solution providers. Please indicate your choice to the Secretary of State by completing the “eNotary Solution Provider Update” on your online notary account.


Q:

How long does an eNotary commission last?

A:

The eNotary commission is tied to and runs concurrently with your traditional paper commission. Your traditional and eNotary commission will expire on the same day.


Q:

Who is eligible to become an eNotary?

A:

Any Arkansas notary public in “good standing” is eligible to become an eNotary.


Q:

How do I electronically notarize a document?

A:

This will depend upon the solution provider the eNotary chooses to use. Some solutions work across multiple platforms such as PCs, tablets, and smartphones, while others are limited to a certain type of hardware and/or software. The basic process involves:

1. The notary and the document signer gather around the notary’s computer.

2. The eNotary logs into the web portal of the solution provider’s system. This is much like logging into your email account with a password that is attributable to only the eNotary.

3. The document to be electronically notarized is accessed in its digital form (flash drive, email, document on the hard drive, scanned document, etc.) and is uploaded into the system.

4. The notary verifies the identity of the signer(s).

5. The signer signs the document on the device using the means of signature capture associated with the solution provider.

6. The notary properly completes the certificate attached to the document. Certificates may be added through the solution provider’s web portal if one is not already part of the document.

7. The notary signs and affixes their digital, encrypted stamp to the document – this is akin to the rubber stamp step on a paper notarization.

8. The eNotary then instructs the client on how they may access their electronically signed documents. This will vary by solution provider. In many instances, an electronic journal entry is automatically

9. In many instances, an electronic journal entry is automatically created as a part of the notarization process.


Q:

How does eNotary work?

A:

Electronic notarizations will take place through a web portal hosted by an approved solution provider. Any document to be electronically notarized will need to be in a digital format such as a PDF, Word Document, etc. If a hard copy is presented to the eNotary, the eNotary may scan in the document to create the digital document. The signatures applied to the digital document will be done through an electronic means such as a keyboard, touchscreen, or touchpad.


Q:

What is electronic notarization?

A:

Notarizing a document while it is in an electronic format.


Q:

How does eNotary (electronic notarization) differ from regular notary?

A:

eNotary abides by all of the same rules and regulations as those that apply to “traditional” notaries. The only difference is the way in which the signature of the client and notary are applied to the document. eNotary uses a digital form of signature capture (keyboard, touchscreen, signature pad, etc.) rather than an ink pen. https://www.sos.arkansas.gov/business-commercial-services-bcs/enotary


Q:

Can I make corrections on my returned application and then re-submit the application to the Secretary of State?

A:

No. Once an application or form has been notarized, it cannot be changed. If your application has been rejected for inadequate responses, a new application should be submitted. Fillable PDF forms may help you to save your application to make subsequent corrections.


Q:

What happens if my application is rejected?

A:

Any rejected application will be returned with a cover sheet explaining the reasons for rejection. Any specimens and payment which were provided with the application will also be returned with the rejection notice.


Q:

Why is it necessary to provide the dates of use for my mark?

A:

The dates of first use can be important when determining who has rights to a mark if two applicants apply for the same or similar marks. Even if the mark is not currently protected, the individual who was using the mark in business first will likely be granted some protection for the earlier version in the event of a court conflict.


See A.C.A. §
4-71-203(a)(3)


Q:

When is it necessary to use a disclaimer?

A:

Disclaimers are necessary when a word, phrase, or design is in common usage by the public. For example, if applying for “Tops Sandwich Shop,” applicant should disclaim use of the word “sandwich” and “shop” because they are commonly used words. Geographic locations must also be disclaimed. “Arkansas River,” “Petit Jean Mountain” and town names such as “Little Rock” are geographic locations, and ownership cannot be claimed for names of locations.

Additional disclaimer information is can be found on the United States Patent and Trademark Office’s website. Although their information specifically references the application process for a Federal Trademark, the general information stated similarly applies to Arkansas registration of Trademarks and Service marks concerning the use of disclaimers.
http://www.uspto.gov/trademark/laws-regulations/how-satisfy-disclaimer-requirement


Q:

What does it mean to “disclaim” rights to certain words?

A:

Our Office may ask you to “disclaim” the exclusive right to use certain words, phrases, or design elements included in your mark. This means that certain parts of the mark are not distinctive when viewed from the whole mark. Generally, a disclaimer will be requested for use of a geographical location or words in common usage (e.g., the state name “Arkansas” or the word “restaurant”). Disclaiming the exclusive right to use words does not mean that you cannot use them as part of your mark; it is simply a statement that you do not claim any right to those words apart from your mark and will not prevent others from using the disclaimed words.

See A.C.A. § 4-71-204(c)(1)


Q:

There are two (or more) versions of my mark; can I include both versions on a single application?

A:

No. Different versions of the mark are considered separate marks and separate applications (including separate payment and specimens) will be necessary to protect each version.


Q:

Can I apply for more than one Trademark/Service mark classification?

A:

Yes. A mark is eligible for registration in multiple classes. One application can be used for multiple classes as long as all of the classes fall under their corresponding selection as a Trademark or Service mark. Trademark classifications are numbered 1-34 and Service mark classifications are numbered 35-45. The detailed list of classifications with their titles is provided on page four (4) of the Trademark/Service Mark application’s instructions. https://www.sos.arkansas.gov/uploads/bcs/TMApplicationInstructions.pdf


Q:

Can I expedite the processing of my application?

A:

No. Applications are processed in the order they are received. If you choose to hand-deliver your application, your filing will still go through the same review process and the applicant will receive an answer by mail.


Q:

How long does it take to process a Trademark/Service mark application?

A:

Applications are handled as they are received, on a first come, first serve basis. Although a specific time frame cannot be given, it may take several weeks before an applicant receives a response from our Office. The protection of an applicant’s mark, along with protection of current marks on file, is important to us; we strive to search for potential conflicts and ensure the submitted application is complete and accurate. Nevertheless, receipt of a Trademark or Service mark from the Arkansas Secretary of State is not a guarantee of absolute right to use the mark; since prior or superior rights to use the mark may exist elsewhere.


Q:

Who can sign the application?

A:

The application may be signed by the following, according to the type of applicant:

(1) An officer of the corporation should sign on behalf of a corporation;
(2) A General Partner should sign on behalf of a partnership;
(3) A member or manager of a limited liability company should sign on behalf of the LLC;
(4) An individual should sign on their own behalf. If there is more than one individual listed in #2, each individual should sign a separate notarized affidavit; or
(5) A non-employee attorney may sign when proof of corporate authorization has been provided to our Office and signed by an officer on record with the Secretary of State. In-house counsel is acceptable and should so indicate with words “General Counsel” (or “Assistant General Counsel”, etc.) A.C.A. §4-71-203(b)(3).


Q:

Can I fax or email my application?

A:

No. The application, payment, and specimens submitted must be original. Faxed or photocopied signatures are not acceptable. You should mail or hand-deliver your application to:

Arkansas Secretary of State
Business & Commercial Services
Attn: Trademark/Service Marks
1401 W. Capitol Ave., Suite 250
Little Rock, AR 72201


Q:

Will I need an attorney to apply for the registration of my mark?

A:

No. However, it is important to keep in mind that our Office can only assist you in the basic completion of the application. Our Office cannot give you any legal or business advice. In general, rejected applications are most often submitted by non-attorneys. Applicants may benefit greatly by consulting with an attorney about the best way to protect their intellectual property.


Q:

Should I conduct a Trademark search before applying for registration of my trademark?

A:

Yes, searching for potential conflicts is required by the applicant in order to confirm no one else is using a similar mark, or portions thereof. A.C.A. 4-71-203(b)(1). This will also help the applicant avoid the investment of money and time in registering your mark, especially if a conflict is discovered. You can search current Trademarks/Service marks registered with the Arkansas Secretary of State at: http://www.sos.arkansas.gov/corps/trademk/index.php. Also, please conduct a search for business entities registered with the Secretary of State at: http://www.sos.arkansas.gov/corps/search_all.php. A proposed mark may be rejected for being confusingly similar to an entity registered with our Office.

See A.C.A. § 4-71-202(6).

A search should also be conducted for marks registered with the United States Patent and Trademark Office (USPTO) at: https://www.uspto.gov/trademarks/search “Live” marks on file with the USPTO may prevent the registration of a proposed mark with the Arkansas Secretary of State given certain circumstances.


Q:

Where can I find an application to register a Trademark or Service mark?

A:

A fillable PDF of the application may be obtained online at: https://www.sos.arkansas.gov/uploads/bcs/TMApplication.pdf

A hard copy may be picked up in person at the Secretary of State’s Business & Commercial Services Division (1401 W. Capitol Ave., Suite 250, Little Rock, AR 72201). By request, an application may be mailed to applicant by calling (501) 682-3409.


Q:

Must I pay a fee to apply for a Trademark or Service mark?

A:

A payment of $50.00, made payable to the Secretary of State, is required for all new and renewal applications. The fee should be submitted with the application, but the payment will not be processed unless the application is accepted. Payment will be returned with the application if it is rejected for any reason. If sending in more than one application, please provide a separate check for each application.

See A.C.A. § 4-71-203(b)(5).


Q:

Who can apply for a Trademark or Service mark?

A:

Any entity (individual, corporation, partnership, or other legal entity) can apply to register for a Trademark or Service mark. A mark is generally owned by the individual or individual(s), corporation, partnership, or other organizations offering goods or services. If a business entity provides the goods or services under a certain mark or logo, the business owns this mark; an individual of that business entity does not own the mark or logo.


Q:

What is a Trademark/Service mark specimen?

A:

A specimen is an actual sample of how the mark is used in business. The specimens provided by the applicant must be in actual use by the applicant within the state of Arkansas. Business cards, clothing tags, labels for a product, etc. are examples of commonly provided specimens that show the mark as it is actually being used. (A photocopy of a business card or a picture of a t-shirt is not acceptable because those photocopies and pictures are not given to potential clients or purchased by customers.)

See A.C.A. § 4-71-203(b)(4)


Q:

How are the classifications determined?

A:

The Arkansas Secretary of State’s list of classifications for goods and services conforms to the United States Patent and Trademark Office’s international classification list. See A.C.A. § 4-71-210(c). For a detailed description of each classification, visit: https://www.uspto.gov/trademarks/trademark-updates-and-announcements/nice-agreement-current-edition-version-general-remarks


Q:

What are Trademark and Service mark classifications?

A:

The classifications are descriptive categories used by our Office. They help determine whether the mark is associated with the applicant’s goods or services; and also to determine whether the mark may conflict with, or be confusingly similar to, a mark for other goods or services. If applying for a Trademark, you must choose from Trademark classifications. If applying for a Service mark, you must choose from Service mark classifications. (An application for a Trademark with a Service mark classification or vice versa will be rejected.)


Q:

What is a Service mark?

A:

Generally, you use a Service mark to identify services that are offered or sold (ex: restaurant, retail business, or computer services).

“ ‘Service mark’ means any word, name, symbol, or device or combination thereof used by a person to identify and distinguish the services of one (1) person, including unique service, from the services of others, and to indicate the source of the services, even if the source is unknown.” A.C.A. § 4-71-201(8)(A)

[Note: The terms “mark” and “trademark” are generically used in the following information to refer to both Trademarks and Service marks.]


Q:

What is a Trademark?

A:

Generally, you use a Trademark to identify products or goods that are sold (ex: beverages, magazines, furniture, or food). “ ‘Trademark’ means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of goods, even if the source is unknown.” A.C.A. § 4-71-201(10)



Educators

Q:

Where do Visiting Guests Park?

A:

Visitors can meter park along the street of Capitol Avenue and 4th Street. Visitors can also park in spaces that are signed with “Reserved Capitol Parking” only, please do not park in numbered and Reserved spots. Additional parking is available at the Department of Finance and Administration building on 7th Street and Martin Luther King Boulevard parking lot.


Q:

How many students can be in one in one presentation at a time?

A:

We like to keep it to one or two classroom sizes for a presentation, if possible. Time restriction and schedule don’t always allow the presentations to be small but the smaller the group the better attention is paid during the program. We are able to do bigger groups in one presentation and just give us a call to explore all the possibilities that we can provide for you.


Q:

Is there a cost with any of the presentations?

A:

There is absoultey no cost to you. All travel expences will be cover even if we have to stay overnight.


Q:

How far are you able to travel?

A:

We are able to travel anywhere within the State of Arkansas.


Q:

Do you have civics resources?

A:

Yes, we have several different downloadable and printable activities, games, and presentations that pertain to civics education. Please visit the civics section in educational resources.


Q:

What is the Young Voter Workshop? And can any student attend?

A:

The young voter workshop is a day long workshop that stresses the importance of voting and understanding the voting process. Unfortunately the workshop is only for high school students, we do have sections of the workshop that are not suitable for younger students. We do offer other programs and presentations about voting for our youngest voters.


Q:

The online order form doesn’t have the amount of items I need, how can I get the number of materials I need?

A:

The drop-down amounts only go to 100 per item, if you require more than that please fill out and submit the request again or have another teacher/co-worker fill out the form for your school.


Q:

Do you provide Professional Development?

A:

Yes, we do! We provide a 2 hour Arkansas history credit with our workshop titled “Using the State Capitol to Teach.” The workshop will cover what kinds of educational resources, materials, and programs the Secretary of State’s office provides to educators all over the state. We have partnered in the past with other wonderful Arkansas History credit providers, like The Old State House Museum, The Clinton Presidental Library, and Economics Arkansas. For more information on Professional Development please visit the teacher workshop page.


Q:

Is there other digital materials that might be useful to my classroom?

A:

Yes, we have several different downloadable and printable activities, games and presentations. Look through the educational resources and videos and games for more fun materials.


Q:

How do I order classroom materials?

A:

We have an online order form for our educational materials. Please click the link to access the order form. www.sos.arkansas.gov/education/classroom-presentations/ordering-information


Q:

How many presentations can you do in one day?

A:

We can do more than one presentation in a day. The best is to call to schedule and talk about what will work best for your school. We can be somewhat flexible with some of our presentations, so give us a call and we will get the best schedule done for you.


Q:

What kinds of presentations does your office provide?

A:

We have four main traveling presentations; Little Golden Books, The Arkansas Traveler, State Symbols and How a Bill becomes Law. Please click the link for more information and to schedule.


Q:

How do I book a guided tour for my students?

A:

Call the Tour Desk at 501-682-5080 to reserve a guided tour.


Q:

Where do Visiting Guests Park?

A:

Visitors can meter park along the street of Capitol Avenue and 4th Street. Visitors can also park in spaces that are signed with “Reserved Capitol Parking” only, please do not park in numbered and Reserved spots. Additional parking is available at the Department of Finance and Administration building on 7th Street and Martin Luther King Boulevard parking lot.


Q:

How many students can be in one in one presentation at a time?

A:

We like to keep it to one or two classroom sizes for a presentation, if possible. Time restriction and schedule don’t always allow the presentations to be small but the smaller the group the better attention is paid during the program. We are able to do bigger groups in one presentation and just give us a call to explore all the possibilities that we can provide for you.


Q:

Is there a cost with any of the presentations?

A:

There is absoultey no cost to you. All travel expences will be cover even if we have to stay overnight.


Q:

How far are you able to travel?

A:

We are able to travel anywhere within the State of Arkansas.


Q:

What is the Young Voter Workshop? And can any student attend?

A:

The young voter workshop is a day long workshop that stresses the importance of voting and understanding the voting process. Unfortunately the workshop is only for high school students, we do have sections of the workshop that are not suitable for younger students. We do offer other programs and presentations about voting for our youngest voters.


Q:

Where do Visiting Guests Park?

A:

Visitors can meter park along the street of Capitol Avenue and 4th Street. Visitors can also park in spaces that are signed with “Reserved Capitol Parking” only, please do not park in numbered and Reserved spots. Additional parking is available at the Department of Finance and Administration building on 7th Street and Martin Luther King Boulevard parking lot.


Q:

How many students can be in one in one presentation at a time?

A:

We like to keep it to one or two classroom sizes for a presentation, if possible. Time restriction and schedule don’t always allow the presentations to be small but the smaller the group the better attention is paid during the program. We are able to do bigger groups in one presentation and just give us a call to explore all the possibilities that we can provide for you.


Q:

Is there a cost with any of the presentations?

A:

There is absoultey no cost to you. All travel expences will be cover even if we have to stay overnight.


Q:

The online order form doesn’t have the amount of items I need, how can I get the number of materials I need?

A:

The drop-down amounts only go to 100 per item, if you require more than that please fill out and submit the request again or have another teacher/co-worker fill out the form for your school.



Visit the Capitol

Q:

Where do Visiting Guests Park?

A:

Visitors can meter park along the street of Capitol Avenue and 4th Street. Visitors can also park in spaces that are signed with “Reserved Capitol Parking” only, please do not park in numbered and Reserved spots. Additional parking is available at the Department of Finance and Administration building on 7th Street and Martin Luther King Boulevard parking lot.


Q:

Where is the Public entrance into the Capitol?

A:

The front East entrance is under the steps below the bronze doors through the tunnel. You may also enter through the Back west side entrance.


Q:

Where do Visiting Guests Park?

A:

Visitors can meter park along the street of Capitol Avenue and 4th Street. Visitors can also park in spaces that are signed with “Reserved Capitol Parking” only, please do not park in numbered and Reserved spots. Additional parking is available at the Department of Finance and Administration building on 7th Street and Martin Luther King Boulevard parking lot.


Q:

How many students can be in one in one presentation at a time?

A:

We like to keep it to one or two classroom sizes for a presentation, if possible. Time restriction and schedule don’t always allow the presentations to be small but the smaller the group the better attention is paid during the program. We are able to do bigger groups in one presentation and just give us a call to explore all the possibilities that we can provide for you.


Q:

Is there a cost with any of the presentations?

A:

There is absoultey no cost to you. All travel expences will be cover even if we have to stay overnight.


Q:

Where is the Public entrance into the Capitol?

A:

The front East entrance is under the steps below the bronze doors through the tunnel. You may also enter through the Back west side entrance.



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