Arkansas Administrative Code
Agency 108 - BOARD OF ELECTION COMMISSIONERS
Rule 108.00.22-006 - Rules for County Election Commissioner Training
Universal Citation: AR Admin Rules 108.00.22-006
Current through Register Vol. 49, No. 9, September, 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.
§ 701 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)
(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 perform 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.
§ 702 Qualifications of a Member of the County Board of Election Commissioners
(a) The
qualifications4 of a member of the county board of
election commissioners as determined by the General
Assembly5 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 criminal 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;
(16)
Must not be a chairman or secretary of a county political party;
(17) 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 seven (7) calendar days after the posting of the
list of officials; and
(18) Must
not be the spouse of a chairman of a county political party or the spouse of
another county board of election commissioner 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.
(b) If an objection filed against married
members of the county election commission the objection can only be filed
against one of the two married individuals.
(c) 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.6
§ 703 Required Training
(a) 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.
(b) Advanced training will be made available
if the Director of the State Board determines that, based on the amount of
changes in law and procedure from the previous election cycle, an advanced
training program is appropriate for experienced county commissioners. Advanced
trainings are to only be utilized for commissioners who are unable to attend
the comprehensive training and may be conducted remotely. Advanced trainings
may not necessarily include a detailed review of all basic laws and procedures
which are unchanged from the previous two election cycles but will address all
aspects of the duties of an election
commissioner.7
(c) Any member of a county board of election
commissioners who has not served on the commission during the previous two (2)
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.
(d) A member of a county board of election
commissioners shall attend additional interim training if deemed necessary and
appropriate by the State Board.
§ 704 Examination and Certification of Election Commissioners
(a) Having attended the
instructional portion of the training program, the election commissioner 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 commissioner 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.
§ 705 Compensation
(a)
Upon completion of training by the State Board of Election Commissioners, each
county election commissioner attending the training is eligible to receive
mileage reimbursement at the rate established for state employees by state
travel regulations8
(b) Any election commissioner who is trained
and certified under this section and who remains in office until the
certification of the preferential primary election results shall be eligible to
receive $300 in compensation for attending training.
(c) If the county political party elects a
new commissioner following the preferential primary, the commissioner shall be
eligible to receive mileage for additional required trainings 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 commissioner was tested.
(3)
Payment of the $300 shall be paid upon verification by the Director that the
commissioner who attended training remains an election commissioner for the
county at the time the preferential primary is certified.
(e) Attendance by county election
coordinators is optional, and compensation for attending training will not be
provided by the State Board.
§ 706 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.9
§ 707 Training Materials
The State Board of Election Commissioners will provide training materials to each county election commissioner attending training.
1 A.C.A. § 7-4-102(a)
2 A.C.A. § 7-6-201(2)
4 A.C.A. § 7-4-109 as amended by Act 1253 of 2015
5 Art 3, § 10 of the Arkansas Constitution, as amended by Amendment 85
6 A.C.A. § 7-4-109(c)(2)(B)(ii) as amended by Act 1253 of 2015
7 A.C.A. § 7-4-109(e)(1)
8 A.C.A. § 7-4-109(e)(2)
9 A.C.A. § 7-7-201(b)(3)
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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