§ 7-4-304 — Duties of Election Integrity Unit

(a) The Election Integrity Unit shall establish the Arkansas Election Integrity Database that shall be maintained by the Election Integrity Unit, with secure access provided to the Secretary of State and the State Board of Election Commissioners. (b) The Election Integrity Unit shall: (1) Track all alleged violations, complaints, and investigations in the Arkansas Election Integrity Database; (2) Oversee the Attorney General's election law violations hotline under § 7-4-305 ; (3) Respond to notifications or complaints generated by election officials or any other person alleging a violation of voter registration laws or election laws; (4) Refer all notifications of complaints to the State Board of Election Commissioners for investigation of any potential civil or criminal acts related to a violation of election law and violations concerning election security reported under § 7-4-120 or this subchapter; (5) Institute civil proceedings for the purpose of enforcing the provisions of this chapter and as specifically enumerated in § 7-4-306 ; (6) Receive sworn statements and issue subpoenas to compel the production of records and other documents pursuant to § 25-16-705 ; and (7) Enforce the provisions of this subchapter and perform such other functions as may be incidental to the powers and duties set forth in this subchapter. (c) If during the course of an investigation, the State Board of Election Commissioners determines that there may be a criminal violation of voter registration laws or election laws, the findings of the investigation: (1) (A) May be turned over to the appropriate prosecutorial agency for criminal prosecution. (B) A prosecuting attorney having jurisdiction over a violation of voter registration laws or election laws may designate an attorney employed by the Attorney General's office as a special deputy prosecutor to prosecute any charges related to a violation of voter registration laws or election laws or any other charges that may arise from the same factual allegations or may be properly joined under state law. (C) (i) Under Arkansas Constitution, Amendment 80, § 20, and § 16-21-103 , only a prosecuting attorney has the duty and authority to commence and prosecute any criminal action under state law. (ii) A special deputy prosecuting attorney's power to prosecute a criminal action under this section is derivative from the prosecuting attorney; and (2) Shall be heard by the State Board of Election Commissioners if the potential violation is a civil violation. (d) This subchapter does not limit the jurisdiction of any other state entity empowered by law to investigate, act upon, or dispose of alleged violations of state voter registration and election laws. (e) (1) By August 1 of each year, the State Board of Election Commissioners shall submit a report of all closed investigations of the previous calendar year to the: (A) Governor; (B) Attorney General; and (C) Joint Performance Review Committee. (2) The report required under subdivision (e)(1) of this section shall: (A) Provide a summary of information on each closed investigation of an alleged violation of election laws conducted during the prior calendar year; (B) Include the total number of: (i) Complaints received; (ii) Independent investigations initiated; and (iii) Number of complaints referred for criminal prosecution; and (C) The current status of any resulting criminal case.

Legislative History

Added by Act 2023, No. 544,§ 3, eff. 8/1/2023.