§ 7-4-102 — County boards of election commissioners - Election of members - Oath

(a) (1) (A) In January of each odd-numbered year following the election of county committee officers, members of the county board of election commissioners shall be elected by their respective county committees. (B) A chair or secretary of a county political party shall not serve as a member of the county board of election commissioners. (2) The membership of the county board of election commissioners shall be as follows: (A) Two (2) members elected by the county committee of the majority party; and (B) One (1) member elected by the county committee of the minority party. (b) (1) Within ten (10) days of the date of selection to the county board of election commissioners, the chair or secretary of each county committee shall notify the county clerk in writing of the names and addresses of those selected to serve on the county board of election commissioners. (2) (A) Upon receipt of the notice, the county clerk shall send to each of the county election commissioners, by registered mail, within thirty (30) days of selection as a county election commissioner, a notice to take and subscribe to the oath prescribed by the Arkansas Constitution. (B) A county election commissioner shall take the oath before: (i) A justice or judge of the: (a) Supreme Court; (b) Court of Appeals; (c) Circuit court; (d) District court; or (e) County court; (ii) The county clerk; (iii) The clerk of the circuit court; or (iv) A justice of the peace. (3) The oath shall be filed in the office of the county clerk and the county clerk shall forward a duplicate to the Secretary of State. (c) As soon as practicable following the election of members to the county board of election commissioners, the chair of the majority party of the county shall file with the county clerk and the Secretary of State a notice setting forth the names of the majority party's designated members of the county board of election commissioners, and the chair of the minority party shall file with the county clerk and the Secretary of State a notice setting forth the name of the minority party's member of the county board of election commissioners. (d) The county board of election commissioners is deemed to consist of county officials, and its members shall be immune from tort liability pursuant to § 21-9-301 . (e) A member of the county board of election commissioners shall serve at the pleasure of his or her respective county committee, and a county committee may remove a member of the county board of election commissioners representing the county committee by majority vote of the county committee. (f) (1) (A) A vacancy on the county board of election commissioners shall be filled by an appointment by the county chair of the appropriate party until an election is held by the county committee to elect a new member to fill the remainder of the term. (B) If the county committee of the appropriate party does not have a county chair, the appointment under subdivision (f)(1)(A) of this section shall be made by the state chair of the appropriate party. (2) (A) The county committee shall elect a new member within forty-five (45) days of a vacancy. (B) If the county committee fails to elect a new member within forty-five (45) days of a vacancy, the state chair of the appropriate party shall appoint a new member to the county board of election commissioners. (C) The state chair of the appropriate party may appoint the same person under subdivision (f)(1) of this section and subdivision (f)(2)(B) of this section.

Legislative History

Amended by Act 2023, No. 138,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1051,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 966,§ 1, eff. 7/24/2019. Acts 1969, No. 465, Art. 5, § 2; A.S.A. 1947, § 3-502; Acts 1987, No. 248, § 4; 1989, No. 522, § 1; 1989 (3rd Ex. Sess.), No. 73, § 1; 1993, No. 843, § 1; 1995, No. 1014, § 1; 1997, No. 647, § 2; 1999, No. 1422, § 2; 2007, No. 489, § 1; 2007, No. 559, § 2; 2011, No. 1056, § 1.