Arkansas Administrative Code

7 CAR § 51-108. Authority of certified election monitors. Upon identifying themselves in either a polling location or a ballot counting location, a certified election monitor shall be given access to: (1) All areas of the polling location or ballot counting location; (2) The reco…

7 CAR § 60-101. Scope. This part sets 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 A…

7 CAR § 60-102. Definitions. As used in this part: (1) “Complainant" means any person who files a complaint with the State Board of Election Commissioners, hereinafter referred to as the “board”, alleging that a violation of any election or voter registration law under the State …

7 CAR § 60-103. Who may file. (a) Any person alleging that a violation of any election or voter registration law under the State Board of Election Commissioners’ jurisdiction has occurred may file a complaint. (b) The board may file a complaint of its own volition.…

7 CAR § 60-104. Form of complaint. 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 …

7 CAR § 60-105. Filing a complaint. (a) Except as provided in subsection (b) of this section, a written complaint must be filed: (1) No sooner than forty-nine (49) days prior to the election affected by or associated with the alleged violation of law; and (2) No later than forty-…

7 CAR § 60-106. Processing a complaint. (a) Receipt of complaint. (1)(A) 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 of the State Board of Election Commissioners. (B…

7 CAR § 60-107. Investigations — Determination of probable cause. (a) Notice to respondent. (1) Upon determination that a complaint should be investigated, either through a formal investigation or through documentary submissions, the Director of the State Board of Election Commis…

7 CAR § 60-108. Oaths and subpoenas. (a) The State Board of Election Commissioners, the Director of the State Board of Election Commissioners, or the director’s designee may administer oaths for the purpose of taking sworn statements from any person thought to have knowledge of a…

7 CAR § 60-109. Public hearing. (a) If an offer of settlement is rejected and the State Board of Election Commissioners sets a public hearing, the Director of the State Board of Election Commissioners shall notify the respondent and the complainant in writing of the date, time, a…

7 CAR § 60-110. Imposition of fines and other sanctions. (a) If the State Board of Election Commissioners finds a violation of election or voter registration laws under its jurisdiction, then the State Board of Election Commissioners may render one (1) or more of the following sa…

7 CAR § 60-111. Final determination. (a)(1) Unless a respondent rejects an offer of settlement, the State Board of Election Commissioners shall complete its investigation of a complaint filed according to Arkansas Code § 7-4-120 and take final action within one hundred eighty-two…

7 CAR § 60-112. Records. (a) The State Board of Election Commissioners shall keep a record of all: (1) Inquiries; (2) Investigations; and (3) Proceedings. (b) Records relating to investigations by the board are exempt from the Freedom of Information Act of 1967, Arkansas Code § 2…

7 CAR § 60-113. Corrective action. (a) A statutory sanction imposed by the State Board of Election Commissioners that includes instituting a corrective action shall be governed by the following provisions: (1) A corrective action may require a respondent to comply with any electi…

7 CAR § 60-114. 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 Arkansas Code § 7-4-120(e)(5), the implementation of this sanction shall be g…

7 CAR § 60-115. 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 Arkansas Code § 7-4-120(e)(6), the implementation of this sa…

7 CAR § 61-101. Scope of rules. This part sets forth the procedures for providing uniform and nondiscriminatory resolution of any complaint alleging a violation of any provision of Title III of the Help America Vote Act of 2002, 52 U.S.C. §§ 21081-21102, Pub. L. No. 107-252, 116 …

7 CAR § 61-102. Definitions. As used in this part: (1) “Complainant" means any person who: (A) Believes that a violation of any provision of Title III: (i) Has occurred; (ii) Is occurring; or (iii) Is about to occur; and (B) Files a complaint with the State Board of Election Comm…

7 CAR § 61-103. Who may file. Any person who believes that a violation of any provision of Title III has occurred, is occurring, or is about to occur may file a complaint.

7 CAR § 61-104. Form of complaint. A complaint shall be in writing, notarized, signed, and sworn by the complainant.

7 CAR § 61-105. Filing a complaint. (a) Place for filing. A complaint shall be filed with the State Board of Election Commissioners. (b) Time for filing. A complaint shall be filed within thirty (30) days after the occurrence of the actions or events that form the basis for the c…

7 CAR § 61-106. Processing a complaint. (a) Consolidation. The State Board of Election Commissioners may consolidate complaints if they relate to the same actions or events or if they raise common questions of law or fact. (b) Record. (1) The State Board of Election Commissioners…

7 CAR § 70-101. Scope. (a) This part sets forth general procedures for distribution of funds from the state to the counties for election expenses related to state-funded elections. (b) This part is in addition to and not a substitute for the laws of the State of Arkansas.…

7 CAR § 70-102. Definitions. As used in this part: (1) “Canvassing” means examining and counting the returns of votes cast at a public election to determine authenticity; (2) “County board” means the county board of election commissioners; (3) “Election expenses” means costs incu…

7 CAR § 70-103. State funding of elections. (a) The State Board of Election Commissioners is statutorily charged with funding elections designated by law as state-funded using funds appropriated to the State Board of Election Commissioners for election expenses of: (1) The State …

7 CAR § 70-104. Withholding of state funding. (a) The State Board of Election Commissioners may withhold funding for eligible state-funded election expenses from any county that fails to comply with the rules developed by the board for the administration of primary elections or f…

7 CAR § 70-105. Advance funding. (a) Following each regular legislative session, the State Board of Election Commissioners will establish an estimated average cost per registered voter by county for conducting statewide special elections and for conducting preferential primary el…

7 CAR § 70-106. Funding of eligible expenses. (a) Before each state-funded election, the State Board of Election Commissioners will furnish each county board of election commissioners with comprehensive guidelines, instructions, and worksheets for requesting payment from the Stat…

7 CAR § 70-107. Uniform and consistent funding. This part is designed to maintain a high level of fiscal accountability in election administration by: (1) Providing the uniform and consistent distribution of funds for the reimbursement of eligible expenses from the State Board of…

7 CAR § 70-201. Poll workers’ pay. Poll workers’ pay is reimbursed pursuant to the following provisions: (1) Eligible poll worker pay includes funding for poll workers: (A) Working polling sites on election day; (B) Working offsite early voting polling sites; and (C) Who attend t…

7 CAR § 70-202. Extra help pay. Extra help pay is reimbursed pursuant to the following provisions. (1) Eligible extra help pay includes funding for: (A) Workers designated by the county board of election commissioners to prepare, package, and deliver election materials to poll wo…

7 CAR § 70-203. Extra deputy pay. Extra deputy pay is reimbursed pursuant to the following provisions: (1) A county is eligible to receive funding for one (1) extra deputy to the county clerk for the purpose of carrying out the requirements of absentee and early voting at the cur…

7 CAR § 70-204. Mileage expenses. Mileage expenses are reimbursed pursuant to the following provisions: (1) Eligible mileage expenses include funding for the mileage of personnel designated by the county board of election commissioners to deliver election materials to poll worker…

7 CAR § 70-205. Election commissioners’ pay. Election commissioners’ pay is reimbursed pursuant to the following provisions: (1) A county is eligible to receive funding for election commissioners’ pay of one hundred twenty-five dollars ($125) per public meeting attended when offi…

7 CAR § 70-206. Supply costs. Supply costs are reimbursed pursuant to the following provisions: (1) Eligible supply costs include funding for disposable supplies such as: (A) Pens; (B) Pencils; (C) Pads; (D) Tape; (E) Magnifying sheets/glasses; (F) Spools of string for marking el…

7 CAR § 70-207. Programming costs. Programming costs are reimbursed pursuant to the following provisions: (1)(A) Eligible programming costs include funding for: (i) Programming and testing of voting machines and electronic vote tabulating devices for state-funded elections; (ii) …

7 CAR § 70-208. Ballot printing costs. Ballot printing costs are reimbursed pursuant to the following provisions: (1) Counties are eligible to receive funding for printing a number of absentee ballots, provisional ballots, and emergency ballots not to exceed the greater of: (A) T…

7 CAR § 70-209. Legal advertising costs. Legal advertising costs are reimbursed pursuant to the following provisions: (1) Eligible legal advertising costs include: (A) One (1) publication of the notice of the meeting in which the order of the candidates on the ballot is determine…

7 CAR § 70-210. Facility fees. Facility fees are reimbursed pursuant to the following provisions: (1)(A) Eligible facility fees include fees charged to a county by a facility to offset the cost of using the facility as an election day or offsite early voting polling site for a st…

7 CAR § 70-211. Ineligible state-funded election expenses. (a) Poll workers’ pay reimbursements are limited by the following provisions: (1) The State Board of Election Commissioners will not provide funding for a volunteer election page serving as a poll worker on election day; …

7 CAR § 71-101. Scope. (a) This part will set forth the procedures for calculation, allocation, and billing of the cost of an annual school election that is held on an even-numbered year. (b) This part will also establish procedures for conducting the annual school election acros…

7 CAR § 71-102. Definitions. As used in this part: (1) “Actual election expense” means the total amount of liabilities or expenditures incurred by a county for a particular election expense in a given election; (2) “Additional cost” means a cost that: (A) Is incurred by the count…

7 CAR § 71-103. Reimbursement of state-funded elections held in conjunction with annual school election. (a) The additional costs incurred by a county for an annual school election that is held in conjunction with a state-funded election are not reimbursable by the State Board of…

7 CAR § 71-104. School district’s obligation to reimburse county for school election expenses when election is held in conjunction with another election. (a) When an annual school election is held in an even-numbered year, the school district must reimburse the additional electio…

7 CAR § 71-105. Procedures for billing additional election expenses to school district. (a)(1) The county board of election commissioners shall prepare an expense report that documents the total of all additional election expenses incurred by that county for each school district …

7 CAR § 71-106. Procedures for school district’s calculation and payment of reimbursements. (a) The district shall, pursuant to 7 CAR § 71-109, calculate the previous cost of the most recent comparable odd-year school election for each county in which the district had an issue or…

7 CAR § 71-107. Calculation of additional costs of school election. (a)(1) An additional cost of the election, within the meaning of 7 CAR § 71-105, is calculated as follows. (2) The county board of election commissioners shall calculate the difference of the actual funds expende…