Current through Register Vol. 49, No. 9, September, 2024
Scope of Rules
These rules will set forth the procedures for training the county
election coordinators 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.
§1301
Definitions
(a)
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.1
(b)
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.2
(c)
Election
Coordinator - the person appointed by majority vote of the county
election commission to receive election coordinator training under this rule
and to whom tasks can be delegated or assigned by the county election
commissioners.
(d)
(1)
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.
(2) Election Official -
includes a person who serves as:
(A) A member
of the county board of election commissioners;
(B) A person who is appointed by the county
board of election commissioners to serve as:
(i) an election coordinator;
(ii) a person appointed to preform tasks
related to the election which require the handling of ballots or other election
materials or equipment;
(iii) an
election clerk;
(iv) an election
judge;
(v) an election sheriff;
or
(vi) an absentee ballot clerk;
or
(C) A person assigned
by a county clerk to conduct early voting administered by the county clerk.
§1302
Eligibility of an Election Coordinator
(a) An election coordinator is defined by
state law as an election official.3
(b) The General Assembly has defined the
minimum standards for eligibility to serve as an election official as follows:
(1) Must be a qualified elector of this
state;
(2) Must be able to read and
write the English language;
(3)
Must not have been found guilty or pled guilty or nolo contendere to the
violation of any criminal election law of this state;
(4) Must not be a paid employee of any
political party;
(5) Must not be a
paid employee of any person running for any office on the county's
ballot;
(6) 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;
4
(7) 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 within seven (7) calendar
days after the posting of the list of officials for a particular election;
and
(8) Must not be the spouse of a
chairman of a county political party or the spouse of a member of the county
board of election commissioner if objection to the service is made within ten
(10) calendar days after the posting of the list of
officials.5
(c) The county board of election
commissioners may choose any person meeting these qualificators and who is
willing to serve in this role including but not limited to:
(1) An employee of the county;
(2) A member of the county board of election
commissioners;
(3) A county
clerk;
(4) A deputy clerk or
employee of the county clerk; or
(5) Another eligible person willing to serve
as an election coordinator.
(d)
(1) In
the event that the person considered for appointment as an election coordinator
is an employee hired and supervised by an elected county official, the elected
county official shall agree that the county board of election commission shall
be the sole entity instructing the employee regarding the fulfillment of
election related duties prior to the coordinator's appointment.
(2) In the event an eligible election
coordinator cannot be identified, the county election commissioner shall
designate a member of the county election commission to attend election
coordinator training.
§1303
Appointment of the County's
Election Coordinator
(a) The county
board of election commissioners shall appoint one person meeting the
requirements of §1302 to serve as the county's election
coordinator.6
(1)
The county board of election commissioners shall appoint an election
coordinator no later than September 1st of the year
preceding the year in which the Preferential Primary is held.
(2) The county board of election
commissioners shall certify the person appointed to serve as the coordinator to
the State Board of Election Commissioners in writing no later than October
1st of the year preceding the year in which the
Preferential Primary is held.
(3)
In the event that an election coordinator's office becomes vacant:
(A) The county board of election
commissioners shall notify the State Board of Election Commissioners when a
vacancy occurs;
(B) The county
board of election commissioners shall appoint a new election coordinator within
30 days of the vacancy; and
(C) The
county board of election commissioners shall certify the person appointed to
fill the vacancy of election coordinator to the State Board of Election
Commissioners within 45 days of the vacancy.
(4) The county may request in writing to
appoint a second qualifying individual to receive election coordinator training
for the county.
(A) The Director may permit
additional person appointed by the county board of election commissioner to
attend the training program if space permits.
(B) Additional persons appointed by the
county board of election commissioner to attend the training program who
complete the program may be appointed to replace the election coordinator, if a
need arises, without additional training.
(C) If approved by the Director, any
additional persons attending county election coordinator training are not
eligible for mileage or compensation from the State Board of Election
Commissioners.
§1304
Required Training
(a) The person appointed as an election
coordinator for each county shall attend the instructional portion of the
training program conducted by the State Board of Election Commissioners before
the regularly scheduled preferential primary election.
(b)
(1) In
the event that the county board of election commissioners appoints an election
coordinator after the preferential primary, the newly appointed coordinator
shall attend a special training session within 160 days of being
appointed.
(2) The director shall
ensure a special training is made available for any coordinator appointed more
than thirty (30) days prior to the next election date established under A.C.A.
§
7-11-205.
§1305
Examination and
Certification of Election Coordinators
(a) Having attend the instructional portion
of the training program the election coordinator shall take an examination of
essential skills developed and administered by the State Board of Election
Commissioners.
(1) The State Board shall issue
a certification to each coordinator who attended the instructional program and
demonstrated competency in the skills essential for conducting an election
through the examination process.
(2) Certification shall be issued by the
State Board to each designated trainee who is certified though the training
program.
§1306
Compensation
(a) Upon completion of the instructional
component of the training conducted by the State Board of Election
Commissioners, the one person appointed to attend election coordinator training
is eligible to receive a reimbursement for mileage at the rate established for
state employees by state travel
regulations7
(b) The one person appointed to attend
election coordinator training, who is certified under this rule, and who serves
as an election official through the certification of the preferential primary
election results shall be eligible to receive $500 in compensation for
attending training.
(c) If the
county board of election commissioners appoints a new election coordinator
following the preferential primary, the coordinator shall be eligible to
receive mileage for required training only but is not eligible to receive
additional compensation.
(d)
(1) All compensation and reimbursement paid
under this section shall be paid to the County Treasurer and shall include a
statement explaining the purpose of the funds and who is entitled to receive
the funds under state law.
(2)
Mileage for training shall be paid upon receipt of the reporting form approved
by the State Board and verification that the coordinator was
certified.
(3) Payment of the $500
shall be paid upon verification by the Director that the coordinator who
attended training remains an election coordinator for the county at the time
the preferential primary is certified.
§1307
Noncompliance
The State Board may withhold funding for county
coordinator 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.8
§1308
Training
Materials
The State Board of Election Commissioners will provide
training materials to each county election commissioner attending
training.
1 A.C.A. §
7-6-201(2)
2 A.C.A. §
7-4-102(a)
3 A.C.A. §
7-1-101(11)
4 A.C.A. §
7-4-109
5 A.C.A. §
7-5-202(a)(2)
6 A.C.A. §
7-4-109(e)(4)
7 A.C.A. §
7-4-109(e)(2)
8 A.C.A. §
7-7-201(b)(3)
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