Arkansas Administrative Code
Agency 108 - BOARD OF ELECTION COMMISSIONERS
Rule 108.00.22-007 - Rules for Poll Worker and County Clerk Training
Universal Citation: AR Admin Rules 108.00.22-007
Current through Register Vol. 49, No. 9, September, 2024
Scope of Rules
These rules will set forth the methods for coordinating training on early voting and election day procedures for poll workers and county clerks 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.
§ 201 Definitions
(a)
Advanced Poll Worker
Training - the curriculum developed and approved by the State
Board of Election Commissioners which poll judges and poll sheriffs are
required to complete.
(b)
Basic Poll Worker Training - the curriculum developed
and approved by the State Board of Election Commissioners which all poll
workers are required to complete.
(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.
(d)
Polling Site - a location selected by the county board
of election commissioners where votes are cast.
(e)
Poll Worker - an
election official designated by the county board of election commissioners to
be an election clerk, election judge, or election sheriff at a polling site, or
an election official designated by the County Clerk to be an election clerk,
election judge, or election sheriff at an early voting location.
(f)
Precinct - a
geographical area the boundaries of which are determined by a county board of
election commissioners to facilitate voting by the registered voters from that
geographical area.
§ 202 Qualifications of Election Officials Designated as Poll Workers
The qualifications1 determined by the General Assembly2 of an election official designated by the county board of election commissioners to serve as a poll worker are as follows:
(a) Must be a
qualified elector of this state;
(b) Must be able to read and write the
English language;
(c) Must be a
resident of a precinct permitted to vote at the polling site in which he or she
serves at the time of his or her appointment, unless the county board
determines unanimously that it is impossible to obtain qualified poll workers
from the precinct, in which case, the poll worker shall be a qualified county
resident;
(d) Must not have been
found guilty or pled guilty or nolo contendere to the violation of any criminal
election law of this state;
(e)
Must not be a paid employee of any political party;
(f) Must not be a paid employee of any person
running for any office on the county's ballot;
(h) Must not be a candidate for any office to
be filled at an election while serving as a poll worker;
(i) 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;
(j) Must not be
the spouse of a member of the county board of election commissioners 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;
and
(k) Must not be the chairman or
the spouse of a chairman of a county political party 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.
§ 203 Required Training for Certified Poll Worker Trainers
Each county board of election commissioners shall:
(a) Designate at
least two (2) qualified electors of the county to attend training conducted by
the State Board of Election Commissioners before the regularly scheduled
preferential primary election for the purpose of being certified by the State
Board as poll worker trainers for the county. Each designee 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 designee who has not
served as a certified poll worker trainer 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; and
(b) Ensure that all poll workers at each
preferential primary election polling site for a regularly scheduled election
attended election training conducted locally by State Board-certified trainers
and coordinated by the State Board prior to each regularly scheduled
preferential primary election.3
(1) All poll workers appointed by the county
election commission are required to receive the basic poll worker training
curriculum approved by the State Board of Election Commissioners.
(2) At least two poll workers at each polling
location are required to receive the advanced poll worker training curriculum
approved by the State Board of Election Commissioners.
(3) The County Election commission may elect
to administer the full training curriculum to all poll workers in the
county.
(c) For all
elections following the regularly scheduled preferential primary election,
county boards of election commissioners shall ensure that each poll worker has
attended election training coordinated by the State Board within twelve (12)
months prior to the election in which they are
serving.4
§ 204 Certification and Compensation of Poll Worker Trainers
(a) Upon successful completion of training
conducted by the State Board of Election Commissioners:
(1) Certification, valid for a period of two
(2) years, shall be issued by the State Board to each designated trainee who
successfully completes the training program;
(2) A maximum of two (2) certified trainers
per county are eligible to receive $100 each, plus mileage reimbursement at the
rate established for state employees by state travel regulations;
(3) The two (2) certified trainers per county
are eligible to receive an additional $50 each per training session up to a
maximum of four (4) sessions each for conducting poll worker training locally
before the preferential primary election; and
(4) Certified trainers' compensation will be
paid by the State Board to the County Treasurer upon receipt of the reporting
form approved and provided by the State Board to the county for that
purpose.
(b)
Certification and compensation of additional county trainers will be considered
by the State Board on a case-by-case basis based upon need and availability of
sufficient resources and funding. The compensation of the certified trainers
for more than two training sessions will also be considered by the State Board
on a case-by-case basis based upon need and availability of sufficient
resources and funding.
(c) Request
for additional certified trainers or compensation for additional training
sessions in excess of the limitation established in this section must be made
in writing and must describe the facts and circumstances that make the
additional personnel and funding necessary for the effective training of county
trainers.
§ 205 Examination of Poll Worker Trainers
(a) In order to complete this training
program, the person designated as a poll worker trainer shall complete an
examination of essential skills developed and administered by the State Board
of Election Commissioners.
(b) A
person who fails to obtain a passing score on this examination shall not:
(1) Be certified as a county poll worker
trainer; or
(2) Receive
compensation for attending the certified poll worker
training.
(c) The State
Board of Election Commissioners shall issue a certification to each poll worker
trainer designee who attended poll worker training and demonstrated competency
in the skills essential for conducting an election through the examination
process.
(d) A poll worker trainer
designee may take the examination up to three times.
§ 206 Examination of Poll Workers
(a) Each poll worker trained
pursuant to this rule shall complete an examination of essential skills
developed by the State Board of Election Commissioners and administered by a
certified poll worker trainer for the county.
(1) The county board of election
commissioners shall issue a certification to each poll worker who attended poll
worker training and demonstrated competency in the skills essential for
conducting an election through the examination process.
(A) Poll Workers shall take the examination
corresponding with the level of training completed by the poll
worker.
(B) A poll worker may take
the examination up to three times prior to an election in which the poll worker
has been appointed to serve.
(2) The certification shall include the date
the certification is issued and the date one year from issuance upon which the
certification expires.
(b) The certified poll worker trainers for
the county shall certify to the Director under penalty of perjury the following
information regarding poll worker training they conduct:
(1) The name of each poll worker
certified;
(2) The date the poll
worker was certified;
(3) The poll
worker's score on the examination of essential skills;
(4) The name of the certified poll worker
trainer(s) administering the training and examination to the poll
worker;
(5) The number of election
day and CBEC administered early voting polling sites in the county;
and
(6) Whether the poll worker was
appointed by the County Board of Election Commissioners or the County Clerk.
§ 207 Compensation for Poll Worker Training Attendance
(a) A certified poll worker who attends the
basic poll worker training curriculum administered by a State Board-certified
poll worker trainer; and who works the preferential primary election
immediately following the training is eligible to receive a maximum $35
one-time payment for attending training.
5
(b) A certified poll worker who attends the
advanced poll worker training curriculum administered by a State
Board-certified poll worker trainer; and who works the preferential primary
election immediately following the training is eligible to receive a maximum
$55 one-time payment for attending training.
6
(c) A county is eligible to receive
compensation for poll workers attending the basic poll worker training up to a
maximum of ten (10) eligible poll workers per polling site per preferential
primary election.
(d) A county is
eligible to receive compensation for poll workers attending advanced poll
worker training up to a maximum of two (2) eligible poll workers per polling
site per preferential primary election.
(e) Poll worker compensation will be paid by
the State Board to the County Treasurer upon receipt of the information
certified to the Director under §205(b).
(f) Under A.C.A. §
7-4-109(e)(2)(B), an
election official who does not pass an examination of essential skills is not
eligible for compensation for attending an SBEC coordinated training.
§ 208 Required Training for County Clerks
(a) A county clerk or his or her designee
shall attend training for poll worker trainers conducted by the State Board of
Election Commissioners before the regularly scheduled preferential primary
election. Each county clerk or designee 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)
(1)
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 Clerks Advanced trainings are to only be utilized for clerks
or designees who are unable to attend the comprehensive training and may be
conducted remotely. Advanced trainings may not 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 the county clerk's office
in conducting an election.
(2) Any
county clerk or designee who has not served as an election official 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.
(c) A county
clerk or a county clerk's designee may train any poll worker appointed by the
county clerk to conduct clerk administered early voting; however, a county
clerk or a county clerk's designee may not train election officials appointed
by the CBEC unless they or a county clerk's designee is designated as a
certified poll worker trainer by the CBEC.
(d) A county clerk or his or her designee
shall be administered the same examination as the county's certified poll
worker trainers. In the event a county clerk has sent a designee to this
training, the Director shall notify the Clerk if the designee fails to
demonstrate competency in the skills essential for conducting an election
through the examination process.
(e) County clerks or clerk designees who
attend training under this section are eligible to receive mileage
reimbursement at the rate established for state employees by state travel
regulations and are not eligible to receive any additional compensation;
and
(f) Any reimbursement will be
paid by the State Board to the County Treasurer upon receipt of the reporting
form approved and provided by the State Board to the county for that purpose.
§ 209 Required Training for Poll Workers in Clerk Administered Early Voting
(a) The county clerk shall
ensure poll workers selected by the county clerk to conduct early voting have
been trained by a person authorized to conduct poll worker training pursuant to
this rule.
(b) The examination of
poll workers appointed by the county clerk to conduct early voting administered
by the county clerk shall conducted pursuant to §206.
(c) Poll Workers appointed by the county
clerk to conduct early voting administered by the county clerk are eligible for
compensation pursuant to the requirements of §207.
(d) An election official who is appointed by
the county clerk and the county board of election commissioners may not receive
more than one compensation payment for attending training under this
rule.
(e) The county clerk, with
the consent of the county board of election commissioners, may:
(1) Allow the certified poll worker trainers
appointed by the county board of election commissioners to train the county
clerk's early voting election staff; and
(2) Designate a certified poll worker trainer
appointed by the county board of election commissioners as the county clerk's
designee under A.C.A. 7-4-109(e)(1)(B).
(f) For all elections following the regularly
scheduled preferential primary election, the county clerk shall ensure that
each poll worker appointed by the clerk has attended election training
coordinated by the State Board within twelve (12) months prior to the election
in which they are serving.7
§ 210 Noncompliance
The State Board may withhold funding for poll worker and county clerk training attendance from any county that fails to comply with the rules and guidelines developed by the State Board for the administration of poll worker training, until all requirements are met to the satisfaction of the State Board. 8
§ 211 Training Materials
(a) The State Board of Election Commissioners
will provide training materials for local poll worker training to each of the
seventy-five (75) counties.
(b)
Poll worker training shall be conducted only by State Board-certified trainers.
Trainers are required to use materials provided by the State Board. This
requirement includes the presentation of all multi-media provided by the State
Board.
(c) Any exception to the
requirements of this section must be by prior written request to the State
Board with prior written approval by the State Board. Approval by the State
Board is not required for materials related to voting system training or
supplemental procedures not addressed by materials provided by the State Board.
1 A.C.A. § 7-4-109
2 Art 3, § 10 of the Arkansas Constitution, as amended by Amendment 85
3 A.C.A. § 7-4-109(e)(1)
4 A.C.A. § 7-4-107(b)(2)(C) as amended by Act 966 of 2019.
5 A.C.A. § 7-4-109(e)(2)
6 A.C.A. § 7-4-109(e)(2)
7 A.C.A. § 7-4-107(b)(2)(C) as amended by Act 966 of 2019.
8 A.C.A. § 7-7-201(b)(3)
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