Current through Register Vol. 49, No. 2, February 2024
Scope of Rules
These rules will set forth the procedures for training members of
the county boards of election commissioners in the 75 counties in the State.
These rules are in addition to and not a substitute for the laws of the State
of Arkansas.
§700
Definitions
(a)
County
Board of Election Commissioners - the three-member board in each
of the 75 counties in this State responsible for conducting all elections
within their respective county, including two members elected by the county
committee of the majority party and one member elected by the county committee
of the minority party or persons appointed by the state chair of either the
majority or minority party to fill a vacancy in that party's
position.1
(b)
Candidate - for
the purpose of these rules, any individual who has knowingly and willingly
taken affirmative action, including solicitation of funds, for the purpose of
seeking nomination for or election to any public
office.2
(c)
Election
Official - a person who is a member of the county board of
election commissioners, a person who performs election coordinator duties, a
person who is a poll worker designated by a county board of election
commissioners to be an election clerk, election judge, or election sheriff, or
a deputy county clerk or a person assigned by a county clerk to conduct early
voting.3
(c)
Primary Election
- any election held to select the nominees of a political party for election at
any general or special election in this
state.4
§701
Qualifications of a Member of
the County Board of Election Commissioners
The qualifications5 of a member of the
county board of election commissioners as determined by the General
Assembly6 are as follows:
1) Must be a qualified elector of this
state;
2) Must be able to read and
write the English language;
3) Must
be a resident of the county in which he or she serves at the time of his or her
appointment or election;
4) Must
not have been found guilty or pled guilty or nolo contendere to the violation
of any election law of this state;
5) Must not be a paid employee of any
political party;
6) Must not be a
paid employee of any person running for any office on the county's
ballot;
7) Must not participate in
the campaign of any candidate listed on a ballot or of a write-in candidate
seeking election in that county that falls under their jurisdiction or
authority;
8) Must not manage a
campaign;
9) Must not perform labor
for a campaign;
10) Must not
solicit on behalf of a candidate or campaign;
11) Must not pass out handbills, signs, or
other literature concerning a candidate's campaign;
12) Must not assist a candidate's campaign at
a rally or parade;
13) Must not
display candidate placards or signs on an automobile;
14) Must not be employed with a company that
has any business dealings, contracts, or pending contracts with the county
board of election commissioners at the time of his or her appointment to the
county board;
15) Must not be a
candidate for any office to be filled at an election while serving on the
county board, except for appearing on the ballot as a candidate for a position
in his or her political party; and
16) Must not be married to or related within
the second degree of consanguinity to any candidate running for office in the
current election if objection to the service is made to the county board of
election commissioners within ten (10) calendar days after the posting of the
list of officials.
A member of the county board may make a financial contribution to
a candidate, attend a political party's state, district, or county meeting
where a candidate or issue advocate speaks as a member of the audience, or
participate in a political party convention.7
§702
Required Training
Each member of the county boards of election commissioners shall
attend either a comprehensive training program conducted by the State Board of
Election Commissioners before the regularly scheduled preferential primary
election or an advanced training program conducted by the State Board of
Election Commissioners after each regular legislative session.
Any member of a county board of election commissioners who has
not served on the commission during the previous preferential primary and
general elections and previously attended the comprehensive training program
conducted by the State Board of Election Commissioners must attend the
comprehensive training program.
A member of a county board of election commissioners shall attend
additional interim training if deemed necessary and appropriate by the State
Board.
§703
Compensation
Upon completion of training conducted by the State Board of
Election Commissioners:
1) Each county
election commissioner attending the training is eligible to receive $100, plus
mileage reimbursement at the rate established for state employees by state
travel regulations;9 and
2) Election commissioner training
compensation will be paid by the State Board to the County Treasurer upon
receipt from the county of the reporting form approved and provided by the
State Board to the county for that purpose.
Attendance by county election coordinators is optional, and
compensation for attending training will not be provided by the State
Board.
§704
Noncompliance
The State Board may withhold funding for county election
commissioner training attendance from any county that fails to comply with the
rules and guidelines developed by the State Board for the administration of
election commissioner training, until all requirements are met to the
satisfaction of the State Board.10
§705
Training Materials
The State Board of Election Commissioners will provide training
materials to each county election commissioner attending training.
1A.C.A. §
7-4-102(a)
2A.C.A. §
7-6-201(2)
3 A.C.A. §
7-1-101 as amended by
Act 1042 of 2015
4A.C.A. §
7-1-101
5A.C.A. §
7-4-109
as amended by Act 1253 of 2015
6Art 3, §
10 of the Arkansas Constitution,
as amended by Amendment 85
7A.C.A. §
7-4-109(c)(2)(B)(ii)
as amended by Act 1253 of 2015
8A.C.A. §
7-4-109(e)(l)
9A.C.A. §
7-4-109(e)(2)
10A.C.A. §
7-7-201(b)(3)
