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Kristin Higgins
Public Policy Center
Phone: 501-671-2160
Email: khiggins@uada.edu
University of Arkansas Division of Agriculture
Cooperative Extension Service
2301 S. University Avenue
Little Rock, AR 72204
How Arkansas Voting Requirements Have Changed Over Time
The power to decide who can vote in state and local elections rests with Arkansans, meaning Arkansas voters have seen questions on the statewide ballot several times throughout the state’s history seeking to define who can vote.
In addition to voting, being registered to vote is a requirement for running for local and state office in Arkansas.
Early Constitutions
When Arkansas became a state in 1836, the state constitution said “every free white male citizen” of the United States could vote as long as they were at least 21-years-old and had lived in the state six months. Members of the United States military were forbidden to vote in the state. Counties were allowed to charge voters an annual poll tax.
The 1868 constitution, the state's fourth guiding document, opened up voter registration to male U.S. citizens and men who had declared their intention to be "naturalized," or become citizens.
Current Constitution
The text from the 1868 state constitution carried over into the 1874 constitution, which still guides Arkansas law today. Many states at the time allowed noncitizens to vote. In addition to being a man, registered voters in Arkansas had to be at least 21, have lived in Arkansas for a year, lived in their intended county for at least six months, and lived in their voting precinct for at least one month before they could register to vote. Once registered, voters had to pay an annual poll tax or fee to the county in order to vote. Despite the 15th Amendment to the U.S. Constitution meant to allow Black men to vote following the Civil War, the act of voting in Arkansas was soon limited to white men through the passage of other state election laws.
In 1920, voters approved Amendment 8, which ended the right for noncitizens to vote in Arkansas, reflecting a national trend to limit voting to U.S. citizens. The amendment recognized that women could vote if they met the other existing age and residency requirements. The amendment did not mention race, but the practice of voting was limited to white women. Citizens who “may have” committed a felony were also prevented from registering to vote.
This election came after the United States adopted the 19th Amendment allowing women to vote. Amendment 8 technically didn't go into effect until 1926 because of questions over how many votes were required to pass a state constitutional amendment, making Arkansas the last state with noncitizen voting on the books (Aylsworth, 1931).
In 1944, Arkansas voters exempted men serving in the U.S. military from paying the annual poll tax, allowing them to register to vote and vote without paying a fee every year.
In 1948, Arkansas voters passed Amendment 39, which gave legislators the power to enact voter registration laws.
End of Poll Taxes
In 1962, the U.S. House of Representatives adopted the 24th Amendment to the U.S. Constitution, which outlawed poll taxes on voting in federal elections. Arkansas, Alabama, Mississippi, Texas and Virginia were the only states at the time charging voters poll taxes. The amendment went into effect in January 1964.
In November 1964, Arkansas voters approved Amendment 51. This ended poll taxes in Arkansas and created the voter registration system that’s in place today. Amendment 51 says no person shall be permitted to vote in any election in Arkansas unless they are registered as according to state law.
In 1971, states ratified the 26th Amendment of the U.S. Constitution, which lowered the voting age to 18.
In 2008, Arkansas voters passed the language found in the Arkansas Constitution today defining who can vote in the state. Amendment 85 removed mentions of poll taxes and being 21 to vote, and allowed legislators to set the date and time of elections. Through this amendment, Article 3, Section 1 of the Arkansas Constitution established the “qualifications of electors,” or people who can vote in Arkansas elections.
This section currently states:
“(a) Except as otherwise provided by this Constitution, any person may vote in an election in this state who is:
- A citizen of the United States;
- A resident of the State of Arkansas;
- At least 18 years of age; and
- Lawfully registered to vote in the election”
Introduction of Photo ID Requirements
In 2018, voters passed Amendment 99, which requires voters to present photo identification as a way of verifying their voter registration.
This fall, voters will see HJR1018 on the November ballot, which asks to change the definition of a qualified elector in Arkansas to explicitly say only U.S. citizens can vote in state and local elections. We will provide more information about this ballot issue in coming months.