Current through Register Vol. 49, No. 9, September, 2024
Scope of Rules
These rules set forth a general description of the State Board of
Election Commissioners stating the general course and method of the board's
operations and the nature and requirements of the board's formal and informal
procedures pursuant to A.C.A. §
25-15-203.
These rules also set forth the procedure for the filing and
disposition of petitions for declaratory orders as to the applicability of any
rule, statute, or order enforced by the board pursuant to A.C.A. §
25-15-206.
These rules are in addition to and not a substitute for the laws of the State
of Arkansas.
§ 1100
Board
Organization
(1) The State Board of
Election Commissioners is an agency of the state government composed of seven
appointed commissioners and a staff. The entities who appoint board members,
the qualifications of board members, the terms of board members, and other
duties and responsibilities of the board are set out in A.C.A. §
7-4-101.
(2) The legislature has empowered the board
to enforce election laws and voter registration laws, and has delegated to the
board the authority to promulgate rules to assure even and consistent
application of voter registration laws and fair and orderly election
procedures. The board also develops resources to educate and assist candidates
and county election administrators, develops specialized training programs,
conducts and coordinates statewide training of county election commissioners
and election officials, monitors compliance by local election authorities with
federal and state election laws, investigates complaints of alleged election
misconduct and election law violations, and distributes funds to the counties
for state-supported political party primary elections, nonpartisan general
elections, special primary elections, and statewide special
elections.
(3) The Secretary of
State is the chair and secretary of the board. The chair or a person designated
by the chair conducts meetings of the board. The chair's designee is the
chair's proxy and counts toward a quorum to conduct business and may vote in
the meeting. [A.C.A. §
7-4-101(e)(4)
]
(4) The board may form such
committees or subcommittees as it deems necessary and/or appropriate to
accomplish its legal aims and statutory purposes. The board may appoint one or
more of its members to an unofficial committee or subcommittee and may invite
non-board members to participate as unofficial committee or subcommittee
members.
(5) At any meeting of the
board, four (4) members constitute a quorum whether in person or by electronic
or telephonic means.
(6) A majority
of the members of the board present shall vote on any matter before the board
for any decision of the board to become effective. However, no sanctions for
violations of election laws or voter registration laws may be imposed without
the affirmative vote of at least four members. [A.C.A. §
7-4-101(e)(3)
]
(7) The following matters shall
be by motion, followed by a second, in order for a vote of the board to be
valid:
a. All matters requiring affirmative
action by the full board or one of its members;
b. All decisions on public positions taken by
the full board;
c. All decisions on
declaratory orders; and
d. All
decisions regarding findings of fact and conclusions of law or other actions
regarding a person accused of violating the board's regulations or laws under
the board's jurisdiction.
(8) The board may by majority vote delegate
the execution of any official duty or action to its chair, one of the other
members, or the director.
(9) A
vacancy on the board shall not impair the right of the board to exercise its
statutory powers and authority, subject to the requirement that a quorum be
present and participating before any action of the board shall be considered
valid.
§ 1101
Staff Organization
(1) The board
may employ a director who may hire a staff. The director or other members of
the staff may act as spokesmen for the board, receive correspondence and
correspond on behalf of the board, provide legal and other research for the
board, investigate allegations of violations of election laws under the board's
jurisdiction, and perform other functions deemed appropriate by the board. The
director serves at the will and the pleasure of the board.
(2) The director shall ensure that the chair
is advised of the progress and conduct of the employees and operation of the
board office.
(3) The director
shall operate the board's office. The director's duties shall include, without
limitation, the following:
a. General
administration of the office and staff;
b. Managing the appropriated budget of the
board;
c. Maintenance of the
board's files and records as the custodian of those records;
d. Preparing reports, studies, policy
statements, legal interpretations, proposed rules, training materials,
reimbursements of county election expenses and other matters required by the
board;
e. Receiving and responding
to correspondence on behalf of the board on matters relating to official board
business;
f Managing travel, logistics, expenses, and reimbursement for
members and staff and scheduling seminars and training by or for the board; g.
Ensuring that the board office and its employees reflect good character, comply
with the law, and carry out other duties as may, from time to time, be
enumerated by the board.
(4) Employees of the office (the staff) are
the responsibility of the director in matters common to an employer/employee
relationship, and the director shall be responsible to the board for the
actions of staff.
§
1102
Meeting Times and Sites
(1) Meetings shall be called as needed by the
chair or upon written request to the chair of at least four (4) members of the
board. [A.C.A. §
7-4-101(e)
]
The director shall notify all members of the date, time and place
of the meeting.
(2) A
written request by four members for a meeting:
a. Shall state the date of the
meeting;
b. Shall state the items
to be taken up at the meeting;
c.
Shall be delivered to the chair, the director and all other members;
and
d. May be delivered as a
separate email from each member requesting the meeting, or as a letter or
letters signed by one or more of the members requesting the meeting.
Letters may be delivered by hand, by first class mail through the
United States Post Office or by commercial mail service.
Upon receipt of the written request, the director shall notify
all members of the date, time and place of the meeting and prepare an agenda in
consultation with the chair for the meeting that includes the items in the
written request.
(3) Notice of the date, time and place of all
meetings shall be furnished to anyone who requests the information and to the
news media located in the county in which the meeting is to be held and those
located elsewhere that cover meetings of the board and have requested to be so
notified.
(4) Notice of meetings
shall be provided to the news media and others who request notice at least
forty-eight (48) hours prior to the scheduled meeting, or as soon as possible
after the meeting is called if it is called within forty-eight (48) hours of
the scheduled meeting. No meeting shall be held until at least two hours after
the news media has been notified of the date, time and place of the
meeting.
(5) The board may vary its
meeting site to accommodate its needs and accomplish its purposes.
(6) The director shall prepare a proposed
agenda for each meeting with the consent of the chair. The proposed agenda
shall be distributed to the commission members prior to any such meeting.
Agenda items may be added during meetings by a majority vote of the
board.
§ 1103
Meeting Procedures
(1) All
meetings of the board shall be governed by Roberts Rules of Order, except as
may be modified by a majority of the board or by rule.
(2) Any member who has an actual conflict of
interest in any proceeding before the board shall recuse voluntarily from any
involvement in the matter. If four members determine that a member has a
conflict, they may, by affirmative vote, disqualify said member from
participation in the matter.
(3)
All meetings of the board shall be open to the public. All records generated or
accepted by the board and its staff shall be open to public inspection, except
for:
a. Matters which are parts of a complaint
record while the record is exempt from disclosure under Ark. Code Ann. §
7-4-120(c)(2);
and
b. The advice and opinions of
the board's attorneys on matters which may be considered to have occurred in
the attorney-client relationship.
§ 1104
Declaratory Orders
Defined
A declaratory order is a means of resolving a controversy or
answering questions or doubts concerning the applicability of statutory
provisions, rules or orders over which the State Board of Election
Commissioners has authority. A petition for declaratory order may be used only
to resolve questions or doubts as to how the statutes, rules or orders may
apply to the petitioner's particular circumstances. A declaratory order is not
the proper means for determining the conduct of another person or for obtaining
a policy statement of general applicability from the board. A petition must
describe the potential impact of statutes, rules or orders upon the
petitioner's interests. [A.C.A. §
25-15-202
]
§ 1105
Petition
The process to obtain a declaratory order is begun by filing a
petition that provides the name, address, telephone number, and signature of
the person requesting the order, and a complete statement of the facts and
circumstances applicable to that person, including the statutes, rules or
orders for which clarification is sought. The petitioner may request a hearing
in the petition.
§
1106
Order
(1) Staff
shall promptly draft an order. A draft order prepared by staff is unofficial
until it has received the affirmative vote of a majority of a quorum of the
Board. The Board may rely on the statements of fact set out in the petition
without taking any position with regard to the validity of the facts.
(2) No declaratory order shall be valid,
official or have any effect unless it has been approved by a majority vote of a
quorum of the Board. The board may alter, amend or strike any portion of the
draft order, or may table a draft order for consideration in a future meeting
or request that it be rewritten to comply with the commission's directives. The
Board will render a final order within 90 days of filing the petition, either
denying the petition or issuing a declaratory order. The board my reconsider,
withdraw or amend prior orders on its own motion or by petition of a citizen,
on a majority vote of a quorum of the Board.
