The Mississippi County Election Commission conducted a recount Friday afternoon of Tuesday's Blytheville School Board Zone 7 election. The recount, which was requested by Lori Hixson, called for no changes in the results of the election. On Tuesday, Hixson was defeated by challenger Erin Langston Carrington by a margin of only two votes.
Questions were raised to the CN regarding the possibility that some may have voted out of their Zone, but state election law says that a person's voter registration does not necessarily have to be tied to where they live, as long as they do not also attempt to register in their new district. In other words, a person can move away from a particular zone or district and retain their voter registration and rights to vote in that zone regardless of where else they may live.
During the recount, commissioners expressed that this was an ethical issue but was still legal, and election coordinator George Hale said that he wished some court in Arkansas would officially address the issue.
Tom Wiktorek, chair of the commission, said Arkansas Election Law 7-5-201 B-1 states the domicile of a person is that in which his habitation is fixed and to which they have the intention to return.
"It is the opinion of Tim Humphrey, attorney with the state election commission, that it is the "intent to return" that governs," Wiktorek said. "That is how Bill Alexander can vote in Osceola and not live there. If they intend to return they can vote. We have no way of combating this. I have seen people change their address three times in an election cycle to be able to vote in the primary, run-off and general election.There is nothing we can do."
Wiktorek explained that when a person goes to vote they are asked their address, if the address the person gives matches that which is on file at the clerk's office for voter registration they are allowed to vote.
"Once a vote is cast we cannot withdraw it," Wiktorek said. "As long as what they say is their address matches their voter registration address they are allowed to vote. If a person comes in and says their address has changed a poll worker will contact the clerk's office, an address change is done, and that person is given their new voting location. But if they don't say there address has changed we have no way of knowing that. As long as they are registered at the address they give at the poll they can vote."