Paper-ballot group files suit against nine counties over rejected petitions

(Stephen Maturen/Getty Images)

Nine lawsuits have been filed so far this month over failed ballot-counting petitions in Arkansas counties.

A group opposed to using ballot machines to count votes has tried to put forth ballot petitions across the state that would ban voting machines and requiring votes be counted by hand. Nine hand-counting petitions were thrown out over alleged clerical errors. The lawsuits say this choice is improper and the petition should be put on the ballot for voters to decide.

In Arkansas, voters mostly cast their ballots on a machine, which then prints out a receipt documenting their vote. If they do not find errors, the vote goes into the tabulator. The tabulator contains a special flash drive that is locked up and then given to the secretary of state after the election. This system allows for voting machines to have both a digital trail and a paper trail that can be audited.

At no point is the machine connected to the internet.

Additionally, there are several logic and accuracy tests, including a day-of test that must be conducted to verify the integrity of the machines. Counties are also required to host a public demonstration of the voting machines.

Across the state, clerks say counting ballots by hand takes too long, puts a massive financial burden on counties and opens elections up to human error. Supporters say it makes the ballots more secure.

The lawsuits are being brought by attorney Clinton W. Lancaster, who is also known for his role in Hunter Biden’s Arkansas paternity lawsuit. Lancaster is working with Conrad Reynolds, the CEO of Voter Integrity Arkansas. Reynolds thinks something nefarious could be going on inside the machines; he isn’t specifically sure what is happening, but has told Little Rock Public Radio that the machines could be “flipping votes” in between them being cast and printed out.

The petition Reynolds and Lancaster are trying to put forward is called “The Hand-Marked, Hand-Counted Paper Ballot Ordinance of 2024.” It would prevent the use of voting machines when counting ballots, except for people with disabilities. Under the ballot initiative, votes would be required to be counted by “human intelligence.”

Clerks in several Arkansas counties tossed a petition to mandate hand counting for several reasons, including a determination that some of the petitioners lived out of state. Lancaster is asking for courts to enjoin the clerks from rejecting the amendments and to put the measure on the counties’ ballot.

This year, Lancaster also failed to get a measure on the statewide ballot mandating hand counting. Attorney General Tim Griffin would not let the proposal go before voters, citing issues with the popular name.

Searcy County is the only county in Arkansas not using machines to count votes. In the 2024 primary election, about 1,700 votes were cast in the county and then counted by hand.

Every election, Arkansas randomly picks out several counties to audit election results. Every county received a perfect score on the audit, except for Searcy County. The early vote count for candidate Wes Bradford was 520. The tabulator counted 515 ballots and the hand count came back to 517. The audit could not determine what happened to the missing votes.

In June, the Legislature held a meeting to discuss the audit. At the meeting county officials said they were tabulating the votes using an “involved process” of tally sheet counting transfers.

Laura Gross from the Searcy County Board of Election Commissioners said that she was “disturbed” by the discrepancy. She was adamant the count will be fine for the 2024 election.

In 2023, Sen. Ken Hammer, R-Benton, passed a law putting the financial burden for hand counting on counties. This means if counties choose to hand count, they have to pay for it. The Searcy County primary election cost the county over $3,000. Officials in more populated counties said the price tag could be higher, and the process could require days of counting votes.

This story first appeared on Little Rock Public Radio’s website and is republished with permission.