Scope of Rules
These rules set forth the procedures for providing uniform and
nondiscriminatory resolution of any complaint alleging a violation of election
and voter registration laws under the jurisdiction of the State Board of
Election Commissioners in accordance with Arkansas Code Annotated §
7-4-120.
§ 601
Definitions
(a)
"Complainant" means any person who files a complaint
with the State Board of Election Commissioners, hereinafter referred to as the
"State Board," alleging that a violation of any election or voter registration
law under the State Board of Election Commissioners' jurisdiction has
occurred.
(b)
"Dismissed" means a resolution to an allegation within
a complaint in which the allegation is resolved without the imposition of a
statutory sanction.
(c)
"Election laws" includes provisions of law from the
following sources which concern elections conducted by county boards of
election commissioners in conjunction with the county clerk:
(1) The Constitution of the United
States;
(2) The Constitution of the
State of Arkansas;
(3) Statutory
provisions enacted by the United States or the State of Arkansas;
(4) Final court decisions of general
applicability in State or Federal Court; and
(5) Rules promulgated by the United States or
the State of Arkansas
(d)
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.
(e)
"Federal election cycle" under this rule means the
preferential primary, general primary, general election, and general election
runoff.
(f)
"Frivolous" means clearly lacking any basis in fact or
law.
(g)
"HAVA" is the federal Help America Vote Act of 2002
that established the Election Assistance Commission to assist in the
administration of federal elections and allocated federal funds to states for
election administration improvements, including replacing punch card and lever
voting machines, improving accessibility for voters with disabilities,
implementing a statewide voter registration system, voter and election official
training, and other improvements.
(h)
"Institute Corrective
Actions" - A resolution to a complaint in which the State Board of
Election Commissioners directs the respondent to take an action or to refrain
from an action so as to cause the respondent to comply with the requirements of
an election or voter registration law or to prevent the violation of an
election or voter registration law in the future.
(i)
"Letter of
Caution" means a written disposition of an allegation against any
person which is advisory in nature, clearly giving notice to the respondent
that his or her action or lack of action is a violation of law.
(j)
"Letter of
Instruction" means a written disposition of a complaint of an
allegation against an election official or county clerk issued in furtherance
of the State Board of Election Commissioner's responsibility to provide
training for election officials. A letter of instruction may be issued when the
State Board lacks authority to adjudicate a complaint, when the board makes no
finding that an election law violation occurred, or when the board determines
that a letter of instruction is preferable to a statutory sanction.
(k)
"Letter of
Reprimand" means a written disposition of an allegation against
any person which is condemnatory in nature, clearly giving notice to the
respondent that his or her action or lack of action is a violation of the law.
The reprimand will require the respondent to refrain from engaging in the same
activity again. A reprimand shall be considered more severe than a caution or
warning.
(l)
"Letter of
Warning" means a written disposition of an allegation against any
person which is condemnatory in nature, expressing strong disapproval for the
respondent's misconduct and expressing the view that the misconduct undermines
public confidence in the integrity of the election process.
(m)
"Public Hearing"
means a hearing on a complaint by the State Board, open to the public, to
adjudicate a complaint.
(n)
"Refer to the Proper Authority" means to dismiss from
the administrative process and to forward all information relating to the
complaint to another law enforcement entity when the SBEC determines that the
available information indicates a violation of a criminal law or of a civil law
enforced by another agency and the allegations either do not fall within the
jurisdiction of the SBEC or further administrative action may damage a future
criminal case.
(o)
"Respondent" means any person whose actions are
asserted, in a complaint filed with the State Board, to be in violation of any
election or voter registration law under the board's jurisdiction.
(p)
"Statutory
Sanction" means a letter of caution, warning, or reprimand, a
corrective action, a decertification, direct administration of a county's
election, or a fine that can be imposed pursuant to the State Board's statutory
authority to sanction violations of election and voter registration
laws.
(q)
"Voter
registration laws" includes provisions of law from the following
sources which concern voter registration:
(1)
The Constitution of the United States;
(2) The Constitution of the State of
Arkansas;
(3) Statutory provisions
enacted by the United States or the State of Arkansas;
(4) Final court decisions of general
applicability in State or Federal Court; and
(5) Rules promulgated by the United States or
the State of Arkansas.
§ 602
Who May File
Any
person alleging that a violation of any election or voter registration law
under the State Board's jurisdiction has occurred may file a complaint. The
State Board may file a complaint of its own volition.
§ 603
Form of Complaint
(a) A procedurally sufficient complaint must:
(1) be in writing;
(2) be signed;
(3) include an affirmation that facts
articulated in the complaint are true and correct to the best of the
complainant's knowledge under penalty of perjury;
(4) clearly describe the alleged incident,
election irregularities, or illegalities;
(5) state approximately when the alleged
violation or incident occurred;
(6)
state the location or locations where the alleged activities occurred;
and
(7) provide any supporting
facts surrounding the allegations.
§ 604
Filing a
Complaint
A written complaint must be filed no sooner than
forty-six (46) days prior to the election affected by or associated with the
alleged violation of law and no later than 30 days after the certification of
the election in the county where the violation is alleged to have
occurred.
§ 605
Processing a Complaint
(a)
Receipt of Complaint
(1) Upon receipt of a
written complaint, it shall be stamped with the current date, filed, entered
upon the complaint docket and a copy forwarded to the director. The director
shall determine if the written complaint meets the requirements of a complaint
as set forth in §§ 603 and 604.
(2) If the director determines that the
written complaint is deficient in that it is not timely filed, not in proper
form, or that the allegations, taken as true, are insufficient to establish a
violation of election or voter registration laws under the State Board's
jurisdiction, the Director shall notify the complainant that the complaint is
deficient, describe the nature of the deficiency, and inform the complainant
that the complaint may be corrected within ten (10) calendar days of this
notice being issued. Failure of the Complainant to cure the procedurally
deficient complaint within ten (10) calendar days shall result in the complaint
being dismissed if the State Board agrees that the complaint is deficient. The
Director shall use all information provided with the complaint to deliver
notice of a deficient complaint but shall not be required to provide notice if
no contact information or mailing address is provided with the complaint. A
complaint filed after the deadline to file a complaint cannot be cured by this
process.
(b) Staff Report
- Sufficient Complaint
(1) If the director
determines that a written complaint is timely, in proper form, and that the
allegations, if true, establish a violation of election or voter registration
laws under the State Board's jurisdiction, then the director shall make a
concise report stating those findings, analyzing the legal issues raised by the
complaint, and summarizing the complaint including any additional evidence
known to the director. Additional evidence known to the director may include
the review, the receipt, or the examination of any publicly available
information or document that bears on an allegation. A procedurally and
substantively sufficient complaint that alleges an election or voter
registration law violation within the jurisdiction of the SBEC shall be
investigated.
(2) The director may
recommend that the complaint be further investigated through either documentary
submissions or through a formal investigation. The director shall send a copy
of the complaint and the report to each commissioner by email and, if requested
in advance by a commissioner, by first class mail. If the director recommends
that the complaint be further investigated, either formally or informally, or
referred to the proper authority, such recommendation shall be considered to be
adopted by the board on the fifth (5) business day after the date that the
director's determination was sent by email unless, before the fifth (5)
business day, any commissioner requests that the board further consider the
complaint at a meeting of the board.
(c) Staff Report - Insufficient Complaint
(1) If the allegations are found to be
procedurally or substantively insufficient the director shall send a copy of
the complaint and make a concise report stating those findings to each
commissioner by email and, if requested in advance by a commissioner, by first
class mail.
(2) The director's
determination that the complaint is insufficient shall be considered adopted by
the State Board on the fifth business day after the date that the director's
determination was sent by email unless, before the fifth business day, any
commissioner requests that the board further consider the complaint at a
meeting of the board. If the State Board so adopts the director's determination
that the complaint is insufficient and fails to meet the requirements of these
rules, then the director shall notify the complainant that the complaint has
been dismissed.
(d) In
addition to the steps addressed above, the following action may be recommended
by the Director or adopted by the SBEC without a recommendation by the Director
in a meeting of the SBEC regardless of whether the complaint is found to be
sufficient:
(A) The SBEC may issue a letter of
instruction;
(B) The SBEC may refer
the complaint to the proper authority; or
(C) The SBEC may issue a letter of
instruction and refer the complaint to the proper authority.
§ 606
Investigations - Determination of Probable Cause
(a) Notice to Respondent - Upon determination
that a complaint should be investigated, either through a formal investigation
or through documentary submissions, the director shall notify the respondent of
the complaint, the investigation, and the nature of the investigation. The
Director shall provide a copy of the complaint or pertinent parts of the
complaint to the respondent, along with instructions regarding the opportunity
to respond to the complaint.
(b)
Investigation through Documentary Submissions
(1) The director may request documents from
the identified respondents, third parties, or from sources with documents that
are otherwise publicly available to determine the facts either supporting or
disproving the allegations of the complaint. Investigations through documentary
submission may also include informal communications or interviews with relevant
parties including a respondent.
(2)
An investigation based upon documentary submissions may transition into a
formal investigation if the Director determines that a formal investigation is
necessary to obtain sufficient information to resolve the
complaint.
(c) Formal
Investigation
(1) In a formal investigation
the director shall submit interrogatories to the respondent and may take
additional investigative action utilizing subpoenas or testimony obtained under
oath.
(2) Interrogatory questions
may request the respondent or another person to provide written statements
bearing on the facts, circumstances, or information relevant to the
investigation.
(3) The Director may
also ask the respondent or another person to produce relevant evidence, or to
appear to answer questions in person during an interview or
deposition.
(4) Written responses
to interrogatory questions shall be answered under penalty of
perjury.
(5) As part of a formal
investigation, the director or his or her designee may interview any
respondent, complainant, witness, or other third party, or may take the formal
deposition of any respondent, complainant, witness, or other third party. Oral
statements by respondents taken during a formal investigation will be provided
under oath administered by the director or his or her designee, or in the case
of a deposition, by a certified court reporter.
(6) The director or his or her designee may
subpoena any document or record that may be relevant to the allegations of the
complaint. The director may gather and use as part of the investigation any
document or record that may be relevant to the allegations of the
Complaint.
(d) Director's
Investigation Report
(1) Upon completing an
investigation, the director shall prepare a report of the investigation for
submission to the State Board. The report may include a recommendation by the
director that the complaint be dismissed, that a letter of instruction be
issued, that the complaint be forwarded to the proper authority, or that the
State Board meet to consider issuing an Offer of Settlement including a
statutory sanction.
(2) After
receipt of the director's report, the director's recommendation shall be
adopted by the State Board on the fifth (5) business day after the date that
the director's determination was sent by email unless, before the fifth (5)
business day, any commissioner requests that the State Board further consider
the complaint at a meeting of the board. Upon further consideration, the State
Board may either further investigate the complaint or:
(A) Determine that the complaint be
dismissed;
(B) Issue a letter of
instruction;
(C) Refer the
complaint to the proper authority;
(D) Direct the director to further
investigate the complaint;
(E) Find
that probable cause of an election or voter registration law violation exists,
based upon the investigation report and its findings; or
(F) Take other appropriate action.
(e) Offer of Settlement
(1) If the State Board finds that probable
cause exists for a finding of a violation, the board shall issue a written
Offer of Settlement to the respondent, stating its findings and the proposed
sanctions. The respondent may accept the State Board's Offer of Settlement in
writing within ten calendar days of the issuance of the Offer. If the Offer is
not accepted, the State Board may call for a full public hearing. The offer may
state that the hearing is set as of the tenth calendar day after the offer was
issued if the offer is not accepted.
(2) If the State Board does not find probable
cause, it shall dismiss the complaint. The State Board may issue a letter of
instruction when the complaint and other evidence indicate that such a letter
is necessary and proper. Also, the State Board may refer the complaint and any
evidence in its possession related to the complaint to the proper authority.
§ 607
Oaths and Subpoenas
(a) The State
Board, its director, or the director's designee may administer oaths for the
purpose of taking sworn statements from any person thought to have knowledge of
any facts pertaining to the complaint.
(b) The State Board, its director, or the
director's designee may request that the respondent answer allegations in
writing, produce relevant evidence, or appear in person before the
board.
(c) The State Board, its
director, or the director's designee may subpoena any person, books, records,
or other documents relevant to the complaint investigation by the
board.
(d) The State Board, its
director, or the director's designee shall provide the subject of the subpoena
with reasonable notice of the subpoena and an opportunity to respond.
(e)
(1) The
State Board, its director, or the director's designee may subpoena any person,
book, or record for testimony or presentation at any public hearing called by
the State Board.
(2) Respondents
may request the director of the State Board to issue a subpoena on his or her
behalf for any witness, book, or other document relevant to the issues
identified in the notice of hearing.
(A)
Respondent must make his or her request to the director for a subpoena no less
than five business days before a public hearing identified in the notice of
hearing.
(B) Respondent must
provide:
(i) the full name,
(ii) address, and
(iii) any additional contact information the
respondent may possess and is necessary for the issuance of a subpoena by the
director on behalf of that respondent.
(C) Respondent or his or her counsel shall be
responsible for ensuring service of any subpoena prepared by the director at
respondent or his or her counsel's request.
(D) A Respondent or his or her counsel may
not issue their own subpoena, as only the State Board, its director, or the
director's designee has the authority to issue a subpoena as part of this
complaint process.
§ 608
Public Hearing
(a) If an Offer of Settlement is rejected and
the State Board sets a public hearing, the director shall notify the respondent
and the complainant in writing of the date, time, and place of the meeting at
which the complaint will be considered.
(b) The notice shall include a statement of
the legal authority and jurisdiction under which the hearing is to be held and
a short and plain statement of the matters of fact and law asserted. The
respondent may attend in person or by counsel, and have the right to
representation by counsel in all matters related to the complaint.
(c) The respondent may attend in person or by
counsel. The respondent has the right to representation by counsel in all
matters related to the complaint. The respondent may offer testimony and
present tangible evidence in connection with the complaint. The complainant
also has the right to attend the public hearing and be represented by counsel,
but the complainant shall not be responsible for presenting any evidence. Such
responsibility lies with staff of the State Board.
(d) If a respondent fails to appear after
proper service of notice, the State Board may proceed with the public hearing
and render a decision in the absence of the respondent.
(e) Any attorney representing a respondent or
complainant shall file a notice of appearance as soon as possible. Service on
counsel of record is equivalent of service on the person represented.
(f) Either the State Board, the chair of the
board, a board member designated by the chair, or a hearing officer designated
by the board shall preside at the hearing. A member of the staff shall appear
at the hearing to present evidence of the asserted violation of election or
voter registration law by the respondent.
(g) Matters before the State Board for
hearing that are similar in issues of fact or law or have identical parties may
be consolidated if the board finds that consolidation would promote the just,
speedy, and inexpensive resolution of the proceedings and not unduly prejudice
the rights of a respondent.
(h) All
requests for relief must be made in writing by motion filed with the State
Board stating the action requested and the grounds relied upon. The presiding
officer may conduct hearings on the motion and enter such orders as he/she
deems necessary to address issues raised by the motion. However, the presiding
officer will not issue dispositive orders.
(i) The presiding officer presides at the
hearing and may rule on motions, require briefs, and issue such orders as will
ensure the orderly conduct of the proceedings. However, any presiding officer
other than the State Board shall not enter a dispositive order.
(j) The respondent has the right to
participate or to be represented by counsel in all hearings or pre-hearing
conferences related to the case. The respondent or respondent's counsel has the
right to introduce evidence of material fact, cross-examine witnesses as
necessary for a full and true disclosure of the facts, present evidence in
rebuttal, and upon request by the presiding officer, may submit briefs and
engage in oral argument.
(k) The
hearing will be conducted in the following manner:
(1) The hearing officer will give an opening
statement, briefly describing the nature of the proceedings;
(2) The staff and respondent will be given
the opportunity to present opening statements;
(3) The staff and the respondent will present
their cases in the sequence decided by the presiding officer;
(4) Each witness must be sworn or affirmed by
the presiding officer or the court reporter, be subject to examination or
cross-examination and questioning by the State Board;
(5) The presiding officer may limit
questioning in a manner consistent with the law; and
(6) At the close of evidence, staff and
respondent may present final arguments.
(l) The presiding officer shall rule on the
admissibility of evidence and may, when appropriate, take official notice of
facts in accordance with applicable laws.
(m) Stipulation of facts is encouraged and
the State Board may decide the issue or issues based on stipulated
facts.
(n) Evidence in the
proceeding must be confined to the issues set forth in the notice of the
hearing sent to the respondent unless the respondent and staff waive the right
to such notice or the presiding officer determines that good cause justifies
expansion of the issues. Either the respondent or staff may be granted a
continuance to allow for time to prepare for any additional issues.
(o) When the respondent and staff seek
admission of an exhibit, nine copies of the exhibit must be provided. Each
party must be allowed to examine the exhibit prior to the ruling on its
admission. All exhibits admitted into evidence must be marked and entered into
the record.
(p) The respondent or
staff may object to specific evidence or may request limits on the scope of the
examination or cross-examination of a witness. The objection, the ruling on the
objection and the reasons for the ruling will be noted in the record. The
presiding officer may rule on the objection at the time it is made or may
reserve the ruling until the written decision.
(q) Whenever evidence is ruled inadmissible,
the party offering that evidence may submit an offer of proof on the record.
The party making the offer of proof for excluded oral testimony will briefly
summarize the testimony or, with permission of the presiding officer, present
the testimony. If the excluded evidence consists of a document or exhibit, it
shall be marked as part of an offer of proof and included in the
record.
(r) Irrelevant, immaterial,
and unduly repetitive evidence will be excluded. Any other oral or documentary
evidence, not privileged, may be received if it is of a type commonly relied
upon by reasonably prudent men and women in the conduct of their
affairs.
(s) The State Board shall
be responsible for recording the testimony heard at the hearing. Upon filing a
petition for judicial review, the State Board will provide a verbatim
transcript of testimony taken before the agency.
(t) The decision of the State Board shall be
reduced to a final order adopted by the State Board containing written findings
of fact and conclusions of law stated separately. Findings of fact shall be
based exclusively on the evidence and on matters officially noticed. A copy of
the final order shall be served on the respondent along with any order by the
State Board. The State Board shall also provide a copy of the findings and
order to the complainant.
§
609
Imposition of Fines and Other Sanctions
(a) If the State Board finds a violation of
election or voter registration laws under its jurisdiction, then the board may
render one (1) or more of the following sanctions:
(1) Issue a public letter of caution,
warning, or reprimand;
(2) Impose a
fine of not less than twenty-five dollars ($25) nor more than one thousand
dollars ($1,000) for each negligent, knowing, or intentional
violation;
(3) Issue conditional
directives that corrective actions be taken which, if not satisfied based on
the terms of that directive, will result in additional sanctions;
(4) Decertify a county election
official;
(5) Institute the direct
administration of the county's election pursuant to Ark. Code Ann.
§
7-4-120(e)(6);
(6) Report its
findings and other evidence to the proper law enforcement authorities along
with recommendations; or
(7) Order
payment of the costs for the investigation and hearing.
(b) The State Board may issue one or more of
the above sanctions for a violation of election or voter registration laws
within the State Board's jurisdiction.
(c) In lieu of, or in addition to, imposing
the statutory sanctions set out above, the State Board may issue a letter of
instruction or refer the complaint and related evidence to the proper authority
when the board determines that the circumstances warrant.
(d) In determining the imposition of fines
upon a finding of a violation, the State Board may consider all surrounding
circumstances including, but not limited to, the seriousness of the violation,
whether the violation was intentional or negligent, whether the respondent
demonstrated good faith by consulting the State Board staff or the local county
board of election commissioners, whether the violation was isolated or part of
a pattern, and whether the respondent showed good cause for the
violation.
(e) For violators who
have not previously received a statutory sanction, fines will range from not
less than twenty-five dollars ($25) nor more than five hundred dollars ($500)
for each negligent or intentional violation. Fines for violators who have
previously received a statutory sanction will range from not less than one
hundred dollars ($ 100) nor more than one thousand dollars ($1,000) and will be
determined on a case-by-case basis depending upon the nature and degree of the
negligent or intentional violation.
(f) In the event a fine is not paid by the
specified time, the State Board may file suit in the Pulaski County Circuit
Court or in the circuit court or the small claims division of the appropriate
district court of the county in which the debtor resides to obtain a judgment
for any fine imposed according to its authority.
(g) The fee normally charged for the filing
of a suit in any of the circuit or district courts in the State of Arkansas
shall be waived on behalf of the State Board.
(h) All moneys received by the State Board in
payment of fines shall be deposited in the State Treasury as general revenues.
§ 610
Final
Determination
(a) The State Board shall
complete its investigation of a complaint filed according to Arkansas Code
Annotated §
7-4-120 and take final action within one hundred eighty (180)
days of the filing of the complaint, except if a public hearing is conducted
then all action on the complaint by the board shall be completed within two
hundred forty (240) days.
(b) The
State Board shall advise the complainant and the respondent in writing of the
finding of the board, final action taken, including sanctions, if any, and the
reasons for the finding, final action, and sanctions, if any.
(c) Any final action of the State Board shall
constitute an adjudication for purposes of judicial review under Arkansas Code
Annotated §
25-15-212.
§
611
Records
(a) The
State Board shall keep a record of all inquiries, investigations, and
proceedings.
(b) Records relating
to investigations by the State Board are exempt from the Freedom of Information
Act of 1967, §
25-19-101 et seq., until a hearing is set or the director's
investigation is closed.
(c) The
State Board may disclose, through its members or staff, otherwise confidential
information to proper law enforcement officials, agencies, and bodies as may be
required to conduct its investigation.
§ 612
Corrective Action
(a) A statutory sanction imposed by the State
Board of Election Commissioners which includes instituting a corrective action
shall be governed by the following provisions:
(1) A corrective action may require a
respondent to comply with any election or voter registration law;
(2) A corrective action may require the
respondent to take steps, which are reasonably calculated, to ensure the future
compliance with election or voter registration laws;
(3)
(A) The
State Board of Election Commissioners may make an Offer of Settlement for a
complaint contingent on the implementation of corrective actions so long as:
(i) The corrective action is within the
authority and ability of the respondent to implement within the 180 days of the
date the complaint was filed;
(ii)
The offer defines the sanctions that will be imposed if the respondent fails to
satisfy the requirements of the offer; and
(iii) The offer provides clear requirements
which the respondent must satisfy and clear instructions explaining how the
respondent is required to certify the satisfaction of the offer to implement
corrective action to the SBEC.
(B) In the event a contingent offer is made
to a member of the County Board of Election Commissioners which requires an act
of the county board of election commissioners as a body, an individual member
will have satisfied their obligation to accept the offer by voting consistent
with the corrective action or making a motion to implement the correction
action regardless of whether the motion in question is adopted or fails for
want of a second.
(C) If the SBEC
makes an offer pursuant to §611(a)(3), the complaint shall have the lesser
of 180 days from the date the complaint was filed or 30 days from the date the
offer was made to comply with the requirements of the offer. The failure to
comply with the requirements of the offer shall constitute a rejection of the
offer and results in the complaint being set for an administrative hearing at a
date and time to be determined by the State Board.
(4) The SBEC may issue a directive to a
county to implement corrective action which is not contingent on acceptance,
but which includes a warning of the sanction which the SBEC will consider
appropriate should a future complaint come before the Board alleging the issues
addressed by the corrective action.
(b) The failure to implement the corrective
action prescribed by an offer made by the State Board under this rule shall not
be considered evidence of the truthfulness of the underlying allegation should
an administrative hearing be held for that complaint.
§ 613
Decertification of a County
Election Official
(a) In the event that
the State Board of Election Commissioners resolves a complaint with the
decertification of an election official under A.C.A. §
7-4-120(e)(5), the
implementation of this sanction shall be governed by the following provisions:
(1) The board may only decertify an election
official who is a respondent in the complaint being considered.
(2) An offer of settlement or a sanction
imposed following a hearing may include a term of years for which the
decertification will remain in effect within the following range:
(A) Not less than two (2) federal election
cycles; and
(B) Not more than seven
(7) federal election cycles.
(3) An offer of settlement or a sanction
imposed following a hearing may include a permanent decertification as an
election official in the State of Arkansas if the State Board makes the
additional findings that the violation of election or voter registration law
was:
(A) Intentional;
(B) Severe in nature; and
(C) Was of a nature that undermines the
public confidence in the integrity of the election process.
(4) Notice of decertification
shall be directed to the respondent or respondents and shall also be sent to
the following person if those persons are not respondents:
(A) The county board of election
commissioners; and
(B) The county
clerk;
(b)
Pursuant to the governing provision of state law, the county clerk is not an
election official for the purposes of this rule and is not subject to
decertification.
§
614
Direct Administration of a County Election
(a) In the event that the State Board of
Election Commissioners issues an order to take over and conduct the direct
administration of a county's election under A.C.A.
7-4-120(e)(6), the
implementation of this sanction shall be governed by the following provisions:
(1) The State Board of Election Commissioners
may take over and conduct the administration of the county's election in its
entirety or may take over and conduct the responsibilities of a person or
entity which is the subject of the complaint.
(2) An order issued under A.C.A.
7-4-120(e)(6) shall be directed to the respondent or respondents and shall also
be sent to the following persons if those persons are not respondents;
(A) The county board of election
commissioners;
(B) The county
clerk;
(C) The county judge;
and
(D) The county prosecuting
attorney.
(3) The State
Board of Election Commissioners shall continue to conduct the direct
administration of a county's election until the State Board votes to terminate
the direct administration of the County's Election but no longer than two
federal election cycles including the cycle in which the administration
began.
(b) Upon assuming
the election related duties of the county board of election commissioners or
the county clerk, the State Board of Election Commissioners shall:
(1) Appoint a person certified by the State
Board of Election Commissioners as an election coordinator to conduct the
administrative functions of the election which the State Board has assumed
including, but not limited to:
(A) Conducting
ballot draw;
(B) Preparing ballots
and voting equipment;
(C)
Conducting logic and accuracy testing;
(D) Publishing or ensuring all required
notices are posted;
(E) Selecting
and training election officials required to conduct the election;
(F) Receiving and reporting preliminary and
unofficial election night results; and
(G) Any responsibility of the county clerk
which is assumed by the State Board:
(i)
including any receptibilities related to the election; but
(ii) excluding any responsibility related to
voter registration other than compiling the precinct voter registration list
based on the records kept by the county clerk.
(2) Fulfill the following deliberative
functions of the election which the State Board has assumed through a county
election administration committee including, but not limited to:
(A) Fulfilling the role of the county
election commission regarding the canvassing and counting of absentee
ballots:
(B) Fulfilling the role of
the county election commission regarding the review of provisional
ballots;
(C) Overseeing the
canvasses and counts the ballots cast in the election; and
(D) Certifying the results of the election
pursuant to the requirements of State Law:
(E) Issuing any certificate or other election
related document required under state law.
(3) The county election administration
committee may be made up of;
(A) the State
Board;
(B) A subcommittee of the
State Board;
(C) Three qualified
voters of the state selected by the State Board; or
(D) A combination three individuals including
members of the State Board and other qualified electors of the state.
(c) Following the
election, the election coordinator appointed by the State Board shall:
(1) Ensure the return of voting equipment to
a secure facility for storage; and
(2) Ensure that ballot boxes and records are
appropriately labeled and stored in such a manner that records may be retrieved
for any election challenge or post-election audit authorized by the State
Board.
(d) When the SBEC
makes an offer of settlement which includes the direct administration of the
county board of election commissioners' roll in the election process, all the
members of the county board must accept the offer of settlement for it to be
immediately effective.
(1) If one or more
members of the county board reject the offer, a hearing must be held to
determine whether the state board of election commissioners will directly
administer the county's election and to resolve the complaint with respect to
the members rejecting the offer of settlement.
(2) A member of the county board who accepts
the offer of sentiment will not be a respondent in the hearing to determine
whether the state board will directly administer the county's
election.
(e) Care and
custody of the county election equipment rests with the county board of
election commissioners or county clerk under A.C.A.
7-5-301(k) -(m) shall
temporarily transfer to the state board of election commissioner if the state
board directly administers a county's election.
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