2015 Arkansas Code
Title 7 - Elections
Chapter 4 - Boards of Election Commissioners and Other Election Officers
Subchapter 1 - General Provisions
§ 7-4-101 - State Board of Election Commissioners -- Members -- Officers -- Meetings.
(a) The State Board of Election Commissioners shall be composed of the following seven (7) persons, with at least one (1) from each congressional district:
(1) The Secretary of State;
(2) One (1) person designated by the chair of the state Democratic Party;
(3) One (1) person designated by the chair of the state Republican Party;
(4) One (1) person to be chosen by the President Pro Tempore of the Senate;
(5) One (1) person to be chosen by the Speaker of the House of Representatives; and
(6) Two (2) persons to be chosen by the Governor, one (1) of whom shall be a county clerk and one (1) of whom shall have served for at least three (3) years as a county election commissioner.
(b) The Secretary of State shall serve as chair and secretary of the board.
(c) Except for the Secretary of State and the county clerk, no member of the board shall be an elected public official.
(d) (1) The term on the board of the Secretary of State shall be concurrent with his or her term in office.
(2) The county clerk shall hold the office of county clerk when appointed to the board and shall be removed as a member of the board if not in office.
(3) (A) Members of the board appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be appointed for terms of two (2) years and shall continue to serve until successors have been appointed and taken the official oath.
(B) All other appointive members shall be appointed for terms of four (4) years and shall continue to serve until successors have been appointed and taken the official oath.
(4) No appointive member shall be appointed to serve more than two (2) consecutive full terms.
(5) (A) If a vacancy on the board occurs, a successor shall be appointed within thirty (30) days to serve the remainder of the unexpired term.
(B) The appointment shall be made by the official holding the office responsible for appointing the predecessor.
(e) (1) The board shall meet as needed upon call of the chair or upon written request to the chair of any four (4) members.
(2) A majority of the membership of the board shall constitute a quorum for conducting business.
(3) No sanctions shall be imposed without the affirmative vote of at least four (4) members of the board.
(4) A meeting of the board may be chaired and conducted by:
(A) The chair of the board; or
(B) (i) A person designated by the chair of the board to act as chair for the meeting.
(ii) If a person is designated by the chair under subdivision (e)(4)(B)(i) of this section:
(a) The designated person's presence shall count for a quorum to conduct business; and
(b) The designated person may vote in the meeting.
(f) The board shall have the authority to:
(1) Publish a candidate's election handbook, in conjunction with the office of the Secretary of State and the Arkansas Ethics Commission, which outlines in a readable and understandable format the legal obligations of a candidate and any other suggestions that might be helpful to a candidate in complying with state election law;
(2) Conduct statewide training for election officers and county election commissioners;
(3) Adopt all necessary rules regarding training referred to in subdivision (f)(2) of this section and develop procedures for monitoring attendance;
(4) Monitor all election law-related legislation;
(5) Formulate, adopt, and promulgate all necessary rules to assure even and consistent application of voter registration laws and fair and orderly election procedures;
(6) (A) Appoint at least one (1) certified election monitor to a county upon a signed, written request under oath filed with the board and a determination by the board that appointing a monitor is necessary.
(B) The board shall certify at least one (1) election monitor in each congressional district.
(C) Certified election monitors shall serve as observers for the purpose of reporting to the board on the conduct of the election.
(D) The board may allow for reasonable compensation for election monitors;
(7) Assist the county board of election commissioners in the performance of administrative duties of the election process if the board determines that assistance is necessary and appropriate;
(8) (A) Formulate, adopt, and promulgate all necessary rules to establish uniform and nondiscriminatory administrative complaint procedures consistent with the requirements of Title IV of the federal Help America Vote Act.
(B) The cost of compliance with Title IV of the federal Help America Vote Act shall be paid from the fund established to comply with the federal Help America Vote Act;
(9) Investigate alleged violations, render findings, and impose disciplinary action according to § 7-4-118 for violations of election and voter registration laws, except as to § 7-1-103(a)(1)-(4), (6), and (7), and except for any matters relating to campaign finance and disclosure laws which the Arkansas Ethics Commission shall have the power and authority to enforce according to §§ 7-6-217 and 7-6-218;
(10) Examine and approve in accordance with §§ 7-5-503 and 7-5-606 the types of voting machines and electronic vote tabulating devices used in any election; and
(11) Administer reimbursement of election expenses to counties in accordance with § 7-7-201(a) for primary elections, statewide special elections, and nonpartisan general elections.
(g) The Attorney General shall provide legal assistance to the board in answering questions regarding election laws.
(h) (1) The board may appoint a Director of the State Board of Election Commissioners, who may hire a staff.
(2) The director shall serve at the pleasure of the board.
(3) The board shall set the personnel policies in accordance with the Regular Salary Procedures and Restrictions Act, § 21-5-101 et seq., and the Uniform Classification and Compensation Act, § 21-5-201 et seq.
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