§ 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 the Chair of the State Board of Election Commissioners and the Secretary of the State Board of Election Commissioners. (c) Except for the Secretary of State and the county clerk, no member of the State Board of Election Commissioners shall be an elected public official. (d) (1) The term on the State Board of Election Commissioners 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 State Board of Election Commissioners and shall be removed as a member of the State Board of Election Commissioners if not in office. (3) (A) Members of the State Board of Election Commissioners 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 State Board of Election Commissioners 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 State Board of Election Commissioners 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 State Board of Election Commissioners 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 State Board of Election Commissioners. (4) A meeting of the State Board of Election Commissioners may be chaired and conducted by: (A) The Chair of the State Board of Election Commissioners; or (B) (i) A person designated by the Chair of the State Board of Election Commissioners to act as chair for the meeting. (ii) If a person is designated by the Chair of the State Board of Election Commissioners 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 State Board of Election Commissioners 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 State Board of Election Commissioners and a determination by the State Board of Election Commissioners that appointing a monitor is necessary. (B) The State Board of Election Commissioners 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 State Board of Election Commissioners on the conduct of the election. (D) The State Board of Election Commissioners 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 State Board of Election Commissioners 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 of 2002. (B) The cost of compliance with Title IV of the federal Help America Vote Act of 2002 shall be paid from the fund established to comply with the federal Help America Vote Act of 2002; (9) Investigate alleged violations, render findings, and impose disciplinary action according to § 7-4-120 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; (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; (12) [Repealed.]; (13) Conduct post-election audits under § 7-4-121 ; (14) Formulate, adopt, and promulgate rules to establish procedures for post-election audits conducted under § 7-4-121 ; (15) Consider an appeal filed to challenge a reduction in the number of polling sites in a county by a county board of election commissioners under § 7-5-101 ; (16) Formulate, adopt, and promulgate rules for governing the appeal of a county board of election commissioners' reduction in the number of polling sites in a county under § 7-5-101 ; (17) Develop a training program for poll watchers, including without limitation: (A) Develop training materials, including on-line training materials concerning the duties, rights, and responsibilities of poll watchers; and (B) Adopt and promulgate rules to establish procedures for training poll watchers; and (18) Conduct an election integrity review of election-related documents and records following each election cycle in the following odd-numbered year under § 7-4-124 . (g) The Attorney General shall provide legal assistance to the State Board of Election Commissioners in answering questions regarding election laws. (h) (1) The State Board of Election Commissioners 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 State Board of Election Commissioners. (3) The State Board of Election Commissioners shall set the personnel policies in accordance with the Regular Salary Procedures and Restrictions Act, §§ 19-4-1601 and 21-5-101 , and the Uniform Classification and Compensation Act, § 21-5-201 et seq.

Legislative History

Amended by Act 2023, No. 620,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 444,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 194,§ 1, eff. 3/6/2023. Amended by Act 2021, No. 1063,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 888,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 376,§ 2, eff. 3/8/2019. Amended by Act 2013, No. 1456,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1110,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 977,§ 1, eff. 8/16/2013. Acts 1969, No. 465, Art. 5, §§ 2, 3; 1977, No. 783, § 1; A.S.A. 1947, §§ 3-502, 3-503; Acts 1993, No. 1092, § 1; 1995, No. 349, § 3; 1995, No. 352, § 3; 1995, No. 741, § 1; 1995, No. 929, § 1; 1995, No. 940, § 1; 1995, No. 1217, § 5; 1997, No. 647, § 1; 1999, No. 997, § 1; 2001, No. 1174, § 1; 2003, No. 994, § 14; 2003, No. 1161, § 1; 2005, No. 1827, § 1; 2007, No. 559, § 1; 2009, No. 250, § 2.