Ark. Code Ann. § 7-9-407 — AR Code / Title 7 / Chapter 9 / Subchapter 4 / Section 7-9-407
Financial report - Information
Status: in_force

A financial report of a ballot question committee, a legislative question committee, an individual person, or an elected official, as required by § 7-9-406 , shall contain the following information: (1) The name, address, and telephone number of the committee, individual person, or elected official filing the report; (2) (A) For a ballot question committee as defined in § 7-9-402(2)(A) or a legislative question committee as defined in § 7-9-402(10)(A) : (i) The total amount of contributions received during the period covered by the financial report; (ii) The total amount of expenditures made by the committee or on behalf of the committee by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; (iii) The cumulative amount of contributions and expenditures reported under subdivisions (2)(A)(i) and (ii) of this section for each ballot question or legislative question; (iv) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the financial report; (v) The total amount of contributions received during the period covered by the financial report from persons who contributed less than fifty dollars ($50.00) and the cumulative amount of that total for each ballot question or legislative question; (vi) The total amount of contributions received during the period covered by the financial report from persons who contributed fifty dollars ($50.00) or more and the cumulative amount of that total for each ballot question or legislative question; (vii) The name and street address of each person who contributed fifty dollars ($50.00) or more during the period covered by the financial report, together with the amount contributed, the date of receipt, and the cumulative amount contributed by that person for each ballot question or legislative question; (viii) For each person listed under subdivision (2)(A)(vii) of this section, the contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the committee, and the cumulative amount contributed for each ballot question or legislative question; (ix) The name and address of each person who contributed a nonmoney item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals; (x) [Repealed]; (xi) A list of all expenditures by category, including without limitation the following: (a) Advertising; (b) Direct mail; (c) Office supplies; (d) Travel; (e) Expenses; and (f) Telephone; and (xii) The total amount of nonitemized expenditures made during the period covered by the financial report; (B) For a ballot question committee as defined in § 7-9-402(2)(B) or a legislative question committee as defined in § 7-9-402(10)(B) shall include the following information: (i) The total amount of contributions made by the committee to another ballot or legislative question committee reported during the period covered by the financial report; and (ii) The cumulative amount of contributions under subdivision (2)(B)(i) of this section; (C) For an individual person: (i) The total amount of expenditures made by the individual person or on behalf of the individual person by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and (ii) The cumulative amount of expenditures for each ballot question or legislative question; and (D) For an elected official using public funds: (i) The total amount of expenditures made by the elected official using public funds or on behalf of the elected official using public funds by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and (ii) The cumulative amount of expenditures for each ballot question or legislative question; and (3) The name and street address of each person to whom expenditures totaling one hundred dollars ($100) or more were made by the committee, individual person, or elected official using public funds, or on behalf of the committee, individual person, or elected official using public funds, by an advertising agency, public relations firm, or political consultant, together with the date and amount of each separate expenditure to each person during the period covered by the financial report and the purpose of each expenditure. Amended by Act 2017, No. 721,§ 10, eff. 8/1/2017. Amended by Act 2017, No. 721,§ 9, eff. 8/1/2017. Amended by Act 2017, No. 721,§ 8, eff. 8/1/2017. Amended by Act 2015, No. 226,§ 9, eff. 7/22/2015. Amended by Act 2013, No. 1085,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 381,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 312,§ 5, eff. 8/16/2013. Acts 1989, No. 261, § 6; 1989, No. 634, § 6; 1993, No. 1114, § 6; 2001, No. 1839, §§ 20, 21; 2003, No. 195, § 10; 2005, No. 1284, § 11; 2007, No. 1001, § 3.

A financial report of a ballot question committee, a legislative question committee, an individual person, or an elected official, as required by § 7-9-406 , shall contain the following information:

(1) The name, address, and telephone number of the committee, individual person, or elected official filing the report;

(2) (A) For a ballot question committee as defined in § 7-9-402(2)(A) or a legislative question committee as defined in § 7-9-402(10)(A) : (i) The total amount of contributions received during the period covered by the financial report; (ii) The total amount of expenditures made by the committee or on behalf of the committee by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; (iii) The cumulative amount of contributions and expenditures reported under subdivisions (2)(A)(i) and (ii) of this section for each ballot question or legislative question; (iv) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the financial report; (v) The total amount of contributions received during the period covered by the financial report from persons who contributed less than fifty dollars ($50.00) and the cumulative amount of that total for each ballot question or legislative question; (vi) The total amount of contributions received during the period covered by the financial report from persons who contributed fifty dollars ($50.00) or more and the cumulative amount of that total for each ballot question or legislative question; (vii) The name and street address of each person who contributed fifty dollars ($50.00) or more during the period covered by the financial report, together with the amount contributed, the date of receipt, and the cumulative amount contributed by that person for each ballot question or legislative question; (viii) For each person listed under subdivision (2)(A)(vii) of this section, the contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the committee, and the cumulative amount contributed for each ballot question or legislative question; (ix) The name and address of each person who contributed a nonmoney item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals; (x) [Repealed]; (xi) A list of all expenditures by category, including without limitation the following: (a) Advertising; (b) Direct mail; (c) Office supplies; (d) Travel; (e) Expenses; and (f) Telephone; and (xii) The total amount of nonitemized expenditures made during the period covered by the financial report; (B) For a ballot question committee as defined in § 7-9-402(2)(B) or a legislative question committee as defined in § 7-9-402(10)(B) shall include the following information: (i) The total amount of contributions made by the committee to another ballot or legislative question committee reported during the period covered by the financial report; and (ii) The cumulative amount of contributions under subdivision (2)(B)(i) of this section; (C) For an individual person: (i) The total amount of expenditures made by the individual person or on behalf of the individual person by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and (ii) The cumulative amount of expenditures for each ballot question or legislative question; and (D) For an elected official using public funds: (i) The total amount of expenditures made by the elected official using public funds or on behalf of the elected official using public funds by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and (ii) The cumulative amount of expenditures for each ballot question or legislative question; and

(A) For a ballot question committee as defined in § 7-9-402(2)(A) or a legislative question committee as defined in § 7-9-402(10)(A) : (i) The total amount of contributions received during the period covered by the financial report; (ii) The total amount of expenditures made by the committee or on behalf of the committee by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; (iii) The cumulative amount of contributions and expenditures reported under subdivisions (2)(A)(i) and (ii) of this section for each ballot question or legislative question; (iv) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the financial report; (v) The total amount of contributions received during the period covered by the financial report from persons who contributed less than fifty dollars ($50.00) and the cumulative amount of that total for each ballot question or legislative question; (vi) The total amount of contributions received during the period covered by the financial report from persons who contributed fifty dollars ($50.00) or more and the cumulative amount of that total for each ballot question or legislative question; (vii) The name and street address of each person who contributed fifty dollars ($50.00) or more during the period covered by the financial report, together with the amount contributed, the date of receipt, and the cumulative amount contributed by that person for each ballot question or legislative question; (viii) For each person listed under subdivision (2)(A)(vii) of this section, the contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the committee, and the cumulative amount contributed for each ballot question or legislative question; (ix) The name and address of each person who contributed a nonmoney item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals; (x) [Repealed]; (xi) A list of all expenditures by category, including without limitation the following: (a) Advertising; (b) Direct mail; (c) Office supplies; (d) Travel; (e) Expenses; and (f) Telephone; and (xii) The total amount of nonitemized expenditures made during the period covered by the financial report;

(i) The total amount of contributions received during the period covered by the financial report;

(ii) The total amount of expenditures made by the committee or on behalf of the committee by an advertising agency, public relations firm, or political consultant during the period covered by the financial report;

(iii) The cumulative amount of contributions and expenditures reported under subdivisions (2)(A)(i) and (ii) of this section for each ballot question or legislative question;

(iv) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the financial report;

(v) The total amount of contributions received during the period covered by the financial report from persons who contributed less than fifty dollars ($50.00) and the cumulative amount of that total for each ballot question or legislative question;

(vi) The total amount of contributions received during the period covered by the financial report from persons who contributed fifty dollars ($50.00) or more and the cumulative amount of that total for each ballot question or legislative question;

(vii) The name and street address of each person who contributed fifty dollars ($50.00) or more during the period covered by the financial report, together with the amount contributed, the date of receipt, and the cumulative amount contributed by that person for each ballot question or legislative question;

(viii) For each person listed under subdivision (2)(A)(vii) of this section, the contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the committee, and the cumulative amount contributed for each ballot question or legislative question;

(ix) The name and address of each person who contributed a nonmoney item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals;

(x) [Repealed];

(xi) A list of all expenditures by category, including without limitation the following: (a) Advertising; (b) Direct mail; (c) Office supplies; (d) Travel; (e) Expenses; and (f) Telephone; and

(a) Advertising;

(b) Direct mail;

(c) Office supplies;

(d) Travel;

(e) Expenses; and

(f) Telephone; and

(xii) The total amount of nonitemized expenditures made during the period covered by the financial report;

(B) For a ballot question committee as defined in § 7-9-402(2)(B) or a legislative question committee as defined in § 7-9-402(10)(B) shall include the following information: (i) The total amount of contributions made by the committee to another ballot or legislative question committee reported during the period covered by the financial report; and (ii) The cumulative amount of contributions under subdivision (2)(B)(i) of this section;

(i) The total amount of contributions made by the committee to another ballot or legislative question committee reported during the period covered by the financial report; and

(ii) The cumulative amount of contributions under subdivision (2)(B)(i) of this section;

(C) For an individual person: (i) The total amount of expenditures made by the individual person or on behalf of the individual person by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and (ii) The cumulative amount of expenditures for each ballot question or legislative question; and

(i) The total amount of expenditures made by the individual person or on behalf of the individual person by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and

(ii) The cumulative amount of expenditures for each ballot question or legislative question; and

(D) For an elected official using public funds: (i) The total amount of expenditures made by the elected official using public funds or on behalf of the elected official using public funds by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and (ii) The cumulative amount of expenditures for each ballot question or legislative question; and

(i) The total amount of expenditures made by the elected official using public funds or on behalf of the elected official using public funds by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and

(ii) The cumulative amount of expenditures for each ballot question or legislative question; and

(3) The name and street address of each person to whom expenditures totaling one hundred dollars ($100) or more were made by the committee, individual person, or elected official using public funds, or on behalf of the committee, individual person, or elected official using public funds, by an advertising agency, public relations firm, or political consultant, together with the date and amount of each separate expenditure to each person during the period covered by the financial report and the purpose of each expenditure.

Amended by Act 2017, No. 721,§ 10, eff. 8/1/2017.

Amended by Act 2017, No. 721,§ 9, eff. 8/1/2017.

Amended by Act 2017, No. 721,§ 8, eff. 8/1/2017.

Amended by Act 2015, No. 226,§ 9, eff. 7/22/2015.

Amended by Act 2013, No. 1085,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 381,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 312,§ 5, eff. 8/16/2013.

Acts 1989, No. 261, § 6; 1989, No. 634, § 6; 1993, No. 1114, § 6; 2001, No. 1839, §§ 20, 21; 2003, No. 195, § 10; 2005, No. 1284, § 11; 2007, No. 1001, § 3.
Ark. Code Ann. § 7-9-408 — AR Code / Title 7 / Chapter 9 / Subchapter 4 / Section 7-9-408
Financial reports - Verification
Status: in_force

The financial reports identified in § 7-9-407 shall be verified by affidavit by the person filing them to the effect that to the best of his or her knowledge and belief the information disclosed is a complete, true, and accurate financial statement of contributions or expenditures. Acts 1989, No. 261, § 8; 1989, No. 634, § 8.

The financial reports identified in § 7-9-407 shall be verified by affidavit by the person filing them to the effect that to the best of his or her knowledge and belief the information disclosed is a complete, true, and accurate financial statement of contributions or expenditures.

Acts 1989, No. 261, § 8; 1989, No. 634, § 8.
Ark. Code Ann. § 7-5-614 — AR Code / Title 7 / Chapter 5 / Subchapter 6 / Section 7-5-614
Locations for vote tabulation - Procedures
Status: in_force

For the tabulation of votes of a precinct by electronic vote tabulating devices at a central counting location: (1) (A) The poll workers shall place all ballots that have been cast in the container provided for that purpose. (B) The container shall be sealed and delivered to the county board of election commissioners forthwith by the poll workers together with the unused, void, and defective ballots; and (2) All proceedings at the counting location shall be under the direction of the county board of election commissioners with respect to all elections. Acts 1977, No. 77, § 6; A.S.A. 1947, § 3-1805; Acts 1993, No. 511, § 3; 1997, No. 446, § 30; 2005, No. 2233, § 45; 2007, No. 835, § 8; 2009, No. 959, § 30.

For the tabulation of votes of a precinct by electronic vote tabulating devices at a central counting location:

(1) (A) The poll workers shall place all ballots that have been cast in the container provided for that purpose. (B) The container shall be sealed and delivered to the county board of election commissioners forthwith by the poll workers together with the unused, void, and defective ballots; and

(A) The poll workers shall place all ballots that have been cast in the container provided for that purpose.

(B) The container shall be sealed and delivered to the county board of election commissioners forthwith by the poll workers together with the unused, void, and defective ballots; and

(2) All proceedings at the counting location shall be under the direction of the county board of election commissioners with respect to all elections.

Acts 1977, No. 77, § 6; A.S.A. 1947, § 3-1805; Acts 1993, No. 511, § 3; 1997, No. 446, § 30; 2005, No. 2233, § 45; 2007, No. 835, § 8; 2009, No. 959, § 30.
Ark. Code Ann. § 7-9-112 — AR Code / Title 7 / Chapter 9 / Subchapter 1 / Section 7-9-112
Right of review
Status: in_force

(a) If the Secretary of State determines that the signatures submitted on a statewide initiative petition or statewide referendum petition are insufficient, the following persons may challenge that determination by petitioning the Supreme Court to determine if the signatures are sufficient: (1) The sponsor of the statewide initiative petition or statewide referendum petition; or (2) A registered voter. (b) The Supreme Court shall act expeditiously to review the sufficiency of the signatures in a timely manner and shall make every effort to reach a decision in advance of the election at which the proposed measure would be considered. (c) (1) If the Supreme Court decides that the signatures submitted on a statewide initiative petition or statewide referendum petition are sufficient, the Supreme Court shall order the Secretary of State to certify the sufficiency for placing the proposed measure on the election ballot if the ballot title and popular name are sufficient. (2) On a proper showing that the signatures are not sufficient, the Supreme Court may enjoin the Secretary of State from certifying the proposed measure for inclusion on the ballot for the election at which the proposed measure would be considered or, in the event that the proposed measure will appear on the election ballot, from canvassing and certifying the vote on the proposed measure. Amended by Act 2023, No. 194,§ 4, eff. 3/6/2023. Amended by Act 2019, No. 376,§ 10, eff. 3/8/2019. Amended by Act 2013, No. 1413,§ 16, eff. 4/22/2013. Acts 1943, No. 195, § 6; A.S.A. 1947, § 2-211.

(a) If the Secretary of State determines that the signatures submitted on a statewide initiative petition or statewide referendum petition are insufficient, the following persons may challenge that determination by petitioning the Supreme Court to determine if the signatures are sufficient: (1) The sponsor of the statewide initiative petition or statewide referendum petition; or (2) A registered voter.

(1) The sponsor of the statewide initiative petition or statewide referendum petition; or

(2) A registered voter.

(b) The Supreme Court shall act expeditiously to review the sufficiency of the signatures in a timely manner and shall make every effort to reach a decision in advance of the election at which the proposed measure would be considered.

(c) (1) If the Supreme Court decides that the signatures submitted on a statewide initiative petition or statewide referendum petition are sufficient, the Supreme Court shall order the Secretary of State to certify the sufficiency for placing the proposed measure on the election ballot if the ballot title and popular name are sufficient. (2) On a proper showing that the signatures are not sufficient, the Supreme Court may enjoin the Secretary of State from certifying the proposed measure for inclusion on the ballot for the election at which the proposed measure would be considered or, in the event that the proposed measure will appear on the election ballot, from canvassing and certifying the vote on the proposed measure.

(1) If the Supreme Court decides that the signatures submitted on a statewide initiative petition or statewide referendum petition are sufficient, the Supreme Court shall order the Secretary of State to certify the sufficiency for placing the proposed measure on the election ballot if the ballot title and popular name are sufficient.

(2) On a proper showing that the signatures are not sufficient, the Supreme Court may enjoin the Secretary of State from certifying the proposed measure for inclusion on the ballot for the election at which the proposed measure would be considered or, in the event that the proposed measure will appear on the election ballot, from canvassing and certifying the vote on the proposed measure.

Amended by Act 2023, No. 194,§ 4, eff. 3/6/2023.

Amended by Act 2019, No. 376,§ 10, eff. 3/8/2019.

Amended by Act 2013, No. 1413,§ 16, eff. 4/22/2013.

Acts 1943, No. 195, § 6; A.S.A. 1947, § 2-211.
Ark. Code Ann. § 7-5-906 — AR Code / Title 7 / Chapter 5 / Subchapter 9 / Section 7-5-906
Provisional and rejected ballot reporting
Status: in_force

(a) A county board of election commissioners shall prepare a report of provisional and rejected ballots cast in the county for each election. (b) The report of provisional and rejected ballots cast for each election shall include: (1) The total number of: (A) Provisional ballots; (B) Absentee provisional ballots; (C) In-person provisional ballots cast during early voting; (D) In-person provisional ballots cast on election day; and (E) Rejected ballots; (2) The reason each ballot was rejected or provisional; (3) The number of provisional ballots counted in the election results; (4) The total number of provisional ballots not counted in the election, including: (A) The total number of provisional ballots not counted by the reason it was not counted; and (B) The total number of provisional ballots not counted by the method the provisional ballot was cast, including if the provisional ballot was: (i) An absentee ballot; (ii) Cast during early voting; or (iii) Cast on election day; and (5) The total number of rejected ballots other than provisional ballots, including: (A) The total number of rejected ballots by the reason they were rejected; and (B) The total number of rejected ballots by the method the rejected ballot was cast, including if the rejected ballot was: (i) An absentee ballot; (ii) Cast during early voting; or (iii) Cast on election day. (c) The report of provisional ballots and rejected ballots cast for each election shall be submitted by the county board of election commissioners to the State Board of Election Commissioners within thirty (30) days of every election. (d) The county board of election commissioners may, by agreement with the county clerk, transmit the report of provisional and rejected ballots to the county clerk who shall transmit the information to the State Board of Election Commissioners. (e) Within sixty (60) days of each election, the State Board of Election Commissioners shall: (1) Compile information reported by the county boards of election commissioners under this section; and (2) Make the reports publicly available. Added by Act 2021, No. 1022,§ 1, eff. 7/28/2021.

(a) A county board of election commissioners shall prepare a report of provisional and rejected ballots cast in the county for each election.

(b) The report of provisional and rejected ballots cast for each election shall include: (1) The total number of: (A) Provisional ballots; (B) Absentee provisional ballots; (C) In-person provisional ballots cast during early voting; (D) In-person provisional ballots cast on election day; and (E) Rejected ballots; (2) The reason each ballot was rejected or provisional; (3) The number of provisional ballots counted in the election results; (4) The total number of provisional ballots not counted in the election, including: (A) The total number of provisional ballots not counted by the reason it was not counted; and (B) The total number of provisional ballots not counted by the method the provisional ballot was cast, including if the provisional ballot was: (i) An absentee ballot; (ii) Cast during early voting; or (iii) Cast on election day; and (5) The total number of rejected ballots other than provisional ballots, including: (A) The total number of rejected ballots by the reason they were rejected; and (B) The total number of rejected ballots by the method the rejected ballot was cast, including if the rejected ballot was: (i) An absentee ballot; (ii) Cast during early voting; or (iii) Cast on election day.

(1) The total number of: (A) Provisional ballots; (B) Absentee provisional ballots; (C) In-person provisional ballots cast during early voting; (D) In-person provisional ballots cast on election day; and (E) Rejected ballots;

(A) Provisional ballots;

(B) Absentee provisional ballots;

(C) In-person provisional ballots cast during early voting;

(D) In-person provisional ballots cast on election day; and

(E) Rejected ballots;

(2) The reason each ballot was rejected or provisional;

(3) The number of provisional ballots counted in the election results;

(4) The total number of provisional ballots not counted in the election, including: (A) The total number of provisional ballots not counted by the reason it was not counted; and (B) The total number of provisional ballots not counted by the method the provisional ballot was cast, including if the provisional ballot was: (i) An absentee ballot; (ii) Cast during early voting; or (iii) Cast on election day; and

(A) The total number of provisional ballots not counted by the reason it was not counted; and

(B) The total number of provisional ballots not counted by the method the provisional ballot was cast, including if the provisional ballot was: (i) An absentee ballot; (ii) Cast during early voting; or (iii) Cast on election day; and

(i) An absentee ballot;

(ii) Cast during early voting; or

(iii) Cast on election day; and

(5) The total number of rejected ballots other than provisional ballots, including: (A) The total number of rejected ballots by the reason they were rejected; and (B) The total number of rejected ballots by the method the rejected ballot was cast, including if the rejected ballot was: (i) An absentee ballot; (ii) Cast during early voting; or (iii) Cast on election day.

(A) The total number of rejected ballots by the reason they were rejected; and

(B) The total number of rejected ballots by the method the rejected ballot was cast, including if the rejected ballot was: (i) An absentee ballot; (ii) Cast during early voting; or (iii) Cast on election day.

(i) An absentee ballot;

(ii) Cast during early voting; or

(iii) Cast on election day.

(c) The report of provisional ballots and rejected ballots cast for each election shall be submitted by the county board of election commissioners to the State Board of Election Commissioners within thirty (30) days of every election.

(d) The county board of election commissioners may, by agreement with the county clerk, transmit the report of provisional and rejected ballots to the county clerk who shall transmit the information to the State Board of Election Commissioners.

(e) Within sixty (60) days of each election, the State Board of Election Commissioners shall: (1) Compile information reported by the county boards of election commissioners under this section; and (2) Make the reports publicly available.

(1) Compile information reported by the county boards of election commissioners under this section; and

(2) Make the reports publicly available.

Added by Act 2021, No. 1022,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 7-5-316 — AR Code / Title 7 / Chapter 5 / Subchapter 3 / Section 7-5-316
Presence of candidate - Designation of representatives
Status: in_force

(a) After the polls have been closed, the counting of votes shall be open to the public, and any candidate or political party may be present in person or by representative designated in writing pursuant to § 7-5-312 at the count of the ballots in any election for the purpose of determining whether or not the ballots in any election precinct are fairly and accurately counted. (b) The representatives of political parties may be designated and authorized by either the chair or the secretary of the state or county committee, and representatives of candidates may be designated and authorized by the candidate represented. Acts 1969, No. 465, Art. 7, § 15; 1971, No. 261, § 12; A.S.A. 1947, § 3-715; Acts 1997, No. 451, § 27; 2003, No. 1154, § 2; 2009, No. 1480, § 29.

(a) After the polls have been closed, the counting of votes shall be open to the public, and any candidate or political party may be present in person or by representative designated in writing pursuant to § 7-5-312 at the count of the ballots in any election for the purpose of determining whether or not the ballots in any election precinct are fairly and accurately counted.

(b) The representatives of political parties may be designated and authorized by either the chair or the secretary of the state or county committee, and representatives of candidates may be designated and authorized by the candidate represented.

Acts 1969, No. 465, Art. 7, § 15; 1971, No. 261, § 12; A.S.A. 1947, § 3-715; Acts 1997, No. 451, § 27; 2003, No. 1154, § 2; 2009, No. 1480, § 29.
Ark. Code Ann. § 7-9-108 — AR Code / Title 7 / Chapter 9 / Subchapter 1 / Section 7-9-108
Procedure for circulation of petition
Status: in_force

(a) Each initiative or referendum petition ordering a vote upon a measure having general application throughout the state shall be prepared and circulated in fifteen (15) or more parts or counterparts, and each shall be an exact copy or counterpart of all other such parts upon which signatures of petitioners are to be solicited. When a sufficient number of parts are signed by a requisite number of qualified electors and are filed and duly certified by the Secretary of State, they shall be treated and considered as one (1) petition. (b) Each part of a petition shall have attached thereto the affidavit of the canvasser to the effect that the canvasser's current residence address appearing on the verification is correct, that all signatures appearing on the petition part were made in the presence of the affiant, and that to the best of the affiant's knowledge and belief each signature is genuine and each person signing is a registered voter. (c) Preceding every petition, there shall be set out in boldface type, over the signature of the Attorney General, any instructions to canvassers and signers as may appear proper and beneficial informing them of the privileges granted by the Arkansas Constitution and of the penalties imposed for violations of this act. The instructions on penalties shall be in larger type than the other instructions. (d) No part of any initiative or referendum petition shall contain signatures of petitioners from more than one (1) county. Amended by Act 2013, No. 1413,§ 10, eff. 4/22/2013. Acts 1943, No. 195, § 3; A.S.A. 1947, § 2-206; Acts 1991, No. 719, § 2.

(a) Each initiative or referendum petition ordering a vote upon a measure having general application throughout the state shall be prepared and circulated in fifteen (15) or more parts or counterparts, and each shall be an exact copy or counterpart of all other such parts upon which signatures of petitioners are to be solicited. When a sufficient number of parts are signed by a requisite number of qualified electors and are filed and duly certified by the Secretary of State, they shall be treated and considered as one (1) petition.

(b) Each part of a petition shall have attached thereto the affidavit of the canvasser to the effect that the canvasser's current residence address appearing on the verification is correct, that all signatures appearing on the petition part were made in the presence of the affiant, and that to the best of the affiant's knowledge and belief each signature is genuine and each person signing is a registered voter.

(c) Preceding every petition, there shall be set out in boldface type, over the signature of the Attorney General, any instructions to canvassers and signers as may appear proper and beneficial informing them of the privileges granted by the Arkansas Constitution and of the penalties imposed for violations of this act. The instructions on penalties shall be in larger type than the other instructions.

(d) No part of any initiative or referendum petition shall contain signatures of petitioners from more than one (1) county.

Amended by Act 2013, No. 1413,§ 10, eff. 4/22/2013.

Acts 1943, No. 195, § 3; A.S.A. 1947, § 2-206; Acts 1991, No. 719, § 2.
Ark. Code Ann. § 7-9-120 — AR Code / Title 7 / Chapter 9 / Subchapter 1 / Section 7-9-120
Printing of approved measures with general laws - Certification of city ordinances
Status: in_force

(a) The Secretary of State shall cause every measure approved by the people to be printed with the general laws enacted by the next ensuing session of the General Assembly with the date of the Governor's proclamation declaring the same to have been approved by the people. (b) However, city ordinances approved by the people shall only be certified by the Secretary of State to the city clerk or recorder of the municipality for which the ordinance has been approved, who shall immediately record the same as he or she is required by law to record other ordinances of the municipality. Acts 1911 (Ex. Sess.), No. 2, § 7; C. & M. Dig., § 9768; Pope's Dig., § 13288; A.S.A. 1947, § 2-205.

(a) The Secretary of State shall cause every measure approved by the people to be printed with the general laws enacted by the next ensuing session of the General Assembly with the date of the Governor's proclamation declaring the same to have been approved by the people.

(b) However, city ordinances approved by the people shall only be certified by the Secretary of State to the city clerk or recorder of the municipality for which the ordinance has been approved, who shall immediately record the same as he or she is required by law to record other ordinances of the municipality.

Acts 1911 (Ex. Sess.), No. 2, § 7; C. & M. Dig., § 9768; Pope's Dig., § 13288; A.S.A. 1947, § 2-205.
Ark. Code Ann. § 7-9-125 — AR Code / Title 7 / Chapter 9 / Subchapter 1 / Section 7-9-125
Definition - Prohibition of profit - Penalties - Freedom of information
Status: in_force

(a) As used in this section, "property" means both real and personal property and includes without limitation both tangible and intangible property. (b) (1) No person who is a sponsor of an initiative petition, referendum petition, or constitutional amendment which proposes the sale of property owned by a municipality or county shall receive anything of value as a result of the passage of the act sponsored by the person. (2) A sponsor of an initiative petition, referendum petition, or constitutional amendment which proposes the sale of property owned by a municipality or county shall file, within sixty (60) calendar days of the election at which the initiative, referendum, or constitutional amendment has been voted upon, with the Secretary of State an accounting of all expenditures by the sponsor in connection with the petition or amendment. (3) No person shall directly or indirectly benefit from sponsorship of a petition or amendment which proposes the sale of property owned by a municipality or county by contracting sponsorship activities to any business enterprise in which the sponsor has a substantial interest. (4) Nothing in this act shall prohibit the circulation of petitions or compensation to persons who circulate the petitions. (c) (1) (A) If a sponsor violates any provision of subsection (b) of this section, the sponsor shall be fined an amount equal to twice the amount of the person's personal gain. (B) The fine shall be paid to the state, municipality, or county in which the petition or amendment was voted upon. (2) This section shall be enforced by the: (A) City attorney of the municipality; (B) Prosecuting attorney of the county; or (C) Attorney General of this state. (d) The expense reports filed by the sponsor of the petition shall be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. Amended by Act 2013, No. 1413,§ 17, eff. 4/22/2013. Acts 2001, No. 1100, §§ 1-3.

(a) As used in this section, "property" means both real and personal property and includes without limitation both tangible and intangible property.

(b) (1) No person who is a sponsor of an initiative petition, referendum petition, or constitutional amendment which proposes the sale of property owned by a municipality or county shall receive anything of value as a result of the passage of the act sponsored by the person. (2) A sponsor of an initiative petition, referendum petition, or constitutional amendment which proposes the sale of property owned by a municipality or county shall file, within sixty (60) calendar days of the election at which the initiative, referendum, or constitutional amendment has been voted upon, with the Secretary of State an accounting of all expenditures by the sponsor in connection with the petition or amendment. (3) No person shall directly or indirectly benefit from sponsorship of a petition or amendment which proposes the sale of property owned by a municipality or county by contracting sponsorship activities to any business enterprise in which the sponsor has a substantial interest. (4) Nothing in this act shall prohibit the circulation of petitions or compensation to persons who circulate the petitions.

(1) No person who is a sponsor of an initiative petition, referendum petition, or constitutional amendment which proposes the sale of property owned by a municipality or county shall receive anything of value as a result of the passage of the act sponsored by the person.

(2) A sponsor of an initiative petition, referendum petition, or constitutional amendment which proposes the sale of property owned by a municipality or county shall file, within sixty (60) calendar days of the election at which the initiative, referendum, or constitutional amendment has been voted upon, with the Secretary of State an accounting of all expenditures by the sponsor in connection with the petition or amendment.

(3) No person shall directly or indirectly benefit from sponsorship of a petition or amendment which proposes the sale of property owned by a municipality or county by contracting sponsorship activities to any business enterprise in which the sponsor has a substantial interest.

(4) Nothing in this act shall prohibit the circulation of petitions or compensation to persons who circulate the petitions.

(c) (1) (A) If a sponsor violates any provision of subsection (b) of this section, the sponsor shall be fined an amount equal to twice the amount of the person's personal gain. (B) The fine shall be paid to the state, municipality, or county in which the petition or amendment was voted upon. (2) This section shall be enforced by the: (A) City attorney of the municipality; (B) Prosecuting attorney of the county; or (C) Attorney General of this state.

(1) (A) If a sponsor violates any provision of subsection (b) of this section, the sponsor shall be fined an amount equal to twice the amount of the person's personal gain. (B) The fine shall be paid to the state, municipality, or county in which the petition or amendment was voted upon.

(A) If a sponsor violates any provision of subsection (b) of this section, the sponsor shall be fined an amount equal to twice the amount of the person's personal gain.

(B) The fine shall be paid to the state, municipality, or county in which the petition or amendment was voted upon.

(2) This section shall be enforced by the: (A) City attorney of the municipality; (B) Prosecuting attorney of the county; or (C) Attorney General of this state.

(A) City attorney of the municipality;

(B) Prosecuting attorney of the county; or

(C) Attorney General of this state.

(d) The expense reports filed by the sponsor of the petition shall be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

Amended by Act 2013, No. 1413,§ 17, eff. 4/22/2013.

Acts 2001, No. 1100, §§ 1-3.
Ark. Code Ann. § 7-5-324 — AR Code / Title 7 / Chapter 5 / Subchapter 3 / Section 7-5-324
Voter verification card
Status: in_force

(a) (1) (A) The Secretary of State shall provide by rule for the issuance of a voter verification card that may be requested by an individual to be used to verify his or her voter registration under Arkansas Constitution, Amendment 51, § 13, when appearing to vote in person or by absentee ballot. (B) The rules shall include without limitation: (i) A requirement that the voter verification card include a photograph of the voter; (ii) Specification of the information to be included on the voter verification card; (iii) Provisions concerning the expiration of a voter verification card; and (iv) Provisions for the voter verification card to be provided by the county clerk of the county in which the voter is registered to vote. (2) Providing for the issuance of a voter verification card under subdivision (a)(1)(A) of this section may include without limitation the purchase by the Secretary of State of cameras and other equipment necessary to generate a voter verification card in the office of the county clerk. (b) A voter verification card shall be issued without the payment of a fee or charge to an individual who: (1) Does not have another valid form of identification meeting the requirements of Arkansas Constitution, Amendment 51, § 13; and (2) (A) Is registered to vote; or (B) Will be at least eighteen (18) years of age at the next election and has timely submitted a voter registration application. (c) (1) The Secretary of State or the county clerk shall not require or accept payment for a voter verification card issued for the sole purpose of voter verification. (2) A person requesting a voter verification card for the sole purpose of voter verification shall sign an affidavit that he or she does not possess a valid form of identification meeting the requirements of Arkansas Constitution, Amendment 51, § 13. Added by Act 2017, No. 633,§ 9, eff. 8/1/2017.

(a) (1) (A) The Secretary of State shall provide by rule for the issuance of a voter verification card that may be requested by an individual to be used to verify his or her voter registration under Arkansas Constitution, Amendment 51, § 13, when appearing to vote in person or by absentee ballot. (B) The rules shall include without limitation: (i) A requirement that the voter verification card include a photograph of the voter; (ii) Specification of the information to be included on the voter verification card; (iii) Provisions concerning the expiration of a voter verification card; and (iv) Provisions for the voter verification card to be provided by the county clerk of the county in which the voter is registered to vote. (2) Providing for the issuance of a voter verification card under subdivision (a)(1)(A) of this section may include without limitation the purchase by the Secretary of State of cameras and other equipment necessary to generate a voter verification card in the office of the county clerk.

(1) (A) The Secretary of State shall provide by rule for the issuance of a voter verification card that may be requested by an individual to be used to verify his or her voter registration under Arkansas Constitution, Amendment 51, § 13, when appearing to vote in person or by absentee ballot. (B) The rules shall include without limitation: (i) A requirement that the voter verification card include a photograph of the voter; (ii) Specification of the information to be included on the voter verification card; (iii) Provisions concerning the expiration of a voter verification card; and (iv) Provisions for the voter verification card to be provided by the county clerk of the county in which the voter is registered to vote.

(A) The Secretary of State shall provide by rule for the issuance of a voter verification card that may be requested by an individual to be used to verify his or her voter registration under Arkansas Constitution, Amendment 51, § 13, when appearing to vote in person or by absentee ballot.

(B) The rules shall include without limitation: (i) A requirement that the voter verification card include a photograph of the voter; (ii) Specification of the information to be included on the voter verification card; (iii) Provisions concerning the expiration of a voter verification card; and (iv) Provisions for the voter verification card to be provided by the county clerk of the county in which the voter is registered to vote.

(i) A requirement that the voter verification card include a photograph of the voter;

(ii) Specification of the information to be included on the voter verification card;

(iii) Provisions concerning the expiration of a voter verification card; and

(iv) Provisions for the voter verification card to be provided by the county clerk of the county in which the voter is registered to vote.

(2) Providing for the issuance of a voter verification card under subdivision (a)(1)(A) of this section may include without limitation the purchase by the Secretary of State of cameras and other equipment necessary to generate a voter verification card in the office of the county clerk.

(b) A voter verification card shall be issued without the payment of a fee or charge to an individual who: (1) Does not have another valid form of identification meeting the requirements of Arkansas Constitution, Amendment 51, § 13; and (2) (A) Is registered to vote; or (B) Will be at least eighteen (18) years of age at the next election and has timely submitted a voter registration application.

(1) Does not have another valid form of identification meeting the requirements of Arkansas Constitution, Amendment 51, § 13; and

(2) (A) Is registered to vote; or (B) Will be at least eighteen (18) years of age at the next election and has timely submitted a voter registration application.

(A) Is registered to vote; or

(B) Will be at least eighteen (18) years of age at the next election and has timely submitted a voter registration application.

(c) (1) The Secretary of State or the county clerk shall not require or accept payment for a voter verification card issued for the sole purpose of voter verification. (2) A person requesting a voter verification card for the sole purpose of voter verification shall sign an affidavit that he or she does not possess a valid form of identification meeting the requirements of Arkansas Constitution, Amendment 51, § 13.

(1) The Secretary of State or the county clerk shall not require or accept payment for a voter verification card issued for the sole purpose of voter verification.

(2) A person requesting a voter verification card for the sole purpose of voter verification shall sign an affidavit that he or she does not possess a valid form of identification meeting the requirements of Arkansas Constitution, Amendment 51, § 13.

Added by Act 2017, No. 633,§ 9, eff. 8/1/2017.
Ark. Code Ann. § 7-8-302 — AR Code / Title 7 / Chapter 8 / Subchapter 3 / Section 7-8-302
Election and certification of electors - Ballots - Contesting conventions - Vacancy
Status: in_force

Choosing and election of electors of President of the United States and Vice President of the United States shall be in the following manner: (1) (A) In each year in which a President of the United States and Vice President of the United States are chosen, each political party or group in the state shall choose by its state convention electors of President of the United States and Vice President of the United States. The state convention of the party or group shall also choose electors at large if any are to be appointed for the state. (B) The state convention of the party or group, by its chair and secretary, shall certify to the Secretary of State the total list of electors together with electors at large so chosen. The certificate shall be filed no later than September 15 in the year of the election. The filing of the certificate with the Secretary of State shall be deemed and taken to be the choosing and selection of the electors of this state, if the party or group is successful at the polls, as provided in this subchapter, in choosing their candidates for President of the United States and Vice President of the United States. (C) The certification by the respective political parties or groups in this state of electors of President of the United States and Vice President of the United States shall be made to the Secretary of State within two (2) days after the state convention; (2) (A) Should more than one (1) certificate of choice and selection of electors of the same political party or group be filed by contesting conventions or contesting groups, it shall be the duty of the constitutional officers of this state within ten (10) days after the adjournment of the last of the conventions to meet in the office of the Governor and determine which set of nominees for electors of the party or group was chosen and selected by the authorized convention of the party or group. (B) The Secretary of State shall notify the state officers of the date, time, and place of the meeting. (C) (i) At the meeting, a majority of the officers present, after notice to the chair and secretaries or managers of the conventions or groups and after a hearing, shall determine which set of electors was chosen by the authorized convention and shall so announce and publish that fact. (ii) The decision shall be final, and the set of electors determined by the state officers to be chosen shall be the list or set of electors to be deemed elected if that party is successful at the polls, as herein provided; (3) Should a vacancy occur in the choice of an elector, the vacancy may be filled by the state executive committee of the party or group, to be certified by the committee to the Secretary of State; (4) (A) The names of the candidates of the several political parties or groups for electors of President of the United States and Vice President of the United States shall not be printed on the official ballot to be voted on in the election to be held on the day provided in § 7-8-301 . In lieu of the names of the candidates for electors, the name of the candidate for President of the United States and the name of the candidate for Vice President of the United States with the particular political party designation of each shall be printed on the ballot. Each voter in this state may choose and elect one (1) list or set of electors from the several lists or sets of electors chosen and selected by the respective political parties or groups, by placing an appropriate mark on the ballot. (B) Placing a cross within the square before the bracket enclosing the names of President of the United States and Vice President of the United States shall not be deemed and taken as a direct vote for the candidates for President of the United States and Vice President of the United States, or either of them, but shall only be deemed and taken to be a vote for the entire list or set of electors chosen by the political party or group so certified to the Secretary of State as herein provided. Voting by means of placing a cross in the appropriate place following the names of the candidates for President of the United States and Vice President of the United States shall not be deemed or taken as a direct vote for the candidates for President of the United States and Vice President of the United States, or either of them, but instead, as to the presidential vote, as a vote for the entire list or set of electors chosen by that political party or group so certified to the Secretary of State as herein provided; (5) (A) (i) In order to have the name of a political party's candidates for President of the United States and Vice President of the United States printed on the ballot, a political party shall hold a presidential preferential primary election. (ii) A new political party formed under the petition process may nominate by convention if the presidential election is the first general election after certification as a party by the Secretary of State. (B) A political group desiring to have the names of its candidates for President of the United States and Vice President of the United States printed on the ballot shall file a petition with the Secretary of State by noon on the first Monday of August of the year of the election. The petition shall contain at the time of filing the names of five thousand (5,000) qualified electors of the state declaring their desire to have printed on the ballot the names of their candidate for President of the United States and Vice President of the United States. The Secretary of State shall verify the sufficiency of the petition within ten (10) days from the filing of the petition. If the petition is determined to be insufficient, the Secretary of State shall notify in writing the political group through its designated agent and shall set forth his or her reasons for so finding. (C) Any challenges to the certification of the Secretary of State shall be filed in the Pulaski County Circuit Court. (D) No later than 12:00 noon on the seventy-fifth day before the election, a political group that qualifies by petition to place its candidate on the ballot shall submit a certificate of choice stating the names of its candidates for President of the United States and Vice President of the United States, signed under oath by either the chair, vice chair, or secretary of the political group's convention; and (6) (A) Persons desiring to have their names printed on the ballot as independent candidates for President of the United States and Vice President of the United States shall file a petition with the Secretary of State by noon on the first Monday of August of the year of the election. The petition shall contain at the time of filing the names of five thousand (5,000) qualified electors of the state declaring their desire to have printed on the ballot the names of the persons desiring their names to be printed on the ballot as independent candidates for President of the United States and Vice President of the United States. The Secretary of State shall verify the sufficiency of the petition within ten (10) days from the filing of the petition. If the petition is determined to be insufficient, the Secretary of State shall notify in writing the persons desiring to have their names printed on the ballot as independent candidates for President of the United States and Vice President of the United States at the address or telephone number submitted with the petition and shall set forth his or her reasons for so finding. (B) Any challenges to the certification of the Secretary of State shall be filed in the Pulaski County Circuit Court. (C) By September 15 in the year of the election, independent candidates who qualify by petition to be on the ballot shall certify to the Secretary of State the total list of electors together with electors at large. The filing of the certificate with the Secretary of State shall be deemed and taken to be the choice and selection of the electors of this state, if the independent candidate is successful at the polls, as provided in this subchapter. Amended by Act 2021, No. 273,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 273,§ 1, eff. 7/28/2021. Acts 1969, No. 465, Art. 2, § 7; A.S.A. 1947, § 3-207; Acts 1991, No. 242, § 1; 1997, No. 450, § 5; 2001, No. 473, § 1; 2005, No. 501, § 3; 2007, No. 822, §§ 1, 2; 2009, No. 26, § 6; 2009, No. 375, § 7; 2009, No. 959, §§ 42, 43; 2011, No. 1185, § 12.

Choosing and election of electors of President of the United States and Vice President of the United States shall be in the following manner:

(1) (A) In each year in which a President of the United States and Vice President of the United States are chosen, each political party or group in the state shall choose by its state convention electors of President of the United States and Vice President of the United States. The state convention of the party or group shall also choose electors at large if any are to be appointed for the state. (B) The state convention of the party or group, by its chair and secretary, shall certify to the Secretary of State the total list of electors together with electors at large so chosen. The certificate shall be filed no later than September 15 in the year of the election. The filing of the certificate with the Secretary of State shall be deemed and taken to be the choosing and selection of the electors of this state, if the party or group is successful at the polls, as provided in this subchapter, in choosing their candidates for President of the United States and Vice President of the United States. (C) The certification by the respective political parties or groups in this state of electors of President of the United States and Vice President of the United States shall be made to the Secretary of State within two (2) days after the state convention;

(A) In each year in which a President of the United States and Vice President of the United States are chosen, each political party or group in the state shall choose by its state convention electors of President of the United States and Vice President of the United States. The state convention of the party or group shall also choose electors at large if any are to be appointed for the state.

(B) The state convention of the party or group, by its chair and secretary, shall certify to the Secretary of State the total list of electors together with electors at large so chosen. The certificate shall be filed no later than September 15 in the year of the election. The filing of the certificate with the Secretary of State shall be deemed and taken to be the choosing and selection of the electors of this state, if the party or group is successful at the polls, as provided in this subchapter, in choosing their candidates for President of the United States and Vice President of the United States.

(C) The certification by the respective political parties or groups in this state of electors of President of the United States and Vice President of the United States shall be made to the Secretary of State within two (2) days after the state convention;

(2) (A) Should more than one (1) certificate of choice and selection of electors of the same political party or group be filed by contesting conventions or contesting groups, it shall be the duty of the constitutional officers of this state within ten (10) days after the adjournment of the last of the conventions to meet in the office of the Governor and determine which set of nominees for electors of the party or group was chosen and selected by the authorized convention of the party or group. (B) The Secretary of State shall notify the state officers of the date, time, and place of the meeting. (C) (i) At the meeting, a majority of the officers present, after notice to the chair and secretaries or managers of the conventions or groups and after a hearing, shall determine which set of electors was chosen by the authorized convention and shall so announce and publish that fact. (ii) The decision shall be final, and the set of electors determined by the state officers to be chosen shall be the list or set of electors to be deemed elected if that party is successful at the polls, as herein provided;

(A) Should more than one (1) certificate of choice and selection of electors of the same political party or group be filed by contesting conventions or contesting groups, it shall be the duty of the constitutional officers of this state within ten (10) days after the adjournment of the last of the conventions to meet in the office of the Governor and determine which set of nominees for electors of the party or group was chosen and selected by the authorized convention of the party or group.

(B) The Secretary of State shall notify the state officers of the date, time, and place of the meeting.

(C) (i) At the meeting, a majority of the officers present, after notice to the chair and secretaries or managers of the conventions or groups and after a hearing, shall determine which set of electors was chosen by the authorized convention and shall so announce and publish that fact. (ii) The decision shall be final, and the set of electors determined by the state officers to be chosen shall be the list or set of electors to be deemed elected if that party is successful at the polls, as herein provided;

(i) At the meeting, a majority of the officers present, after notice to the chair and secretaries or managers of the conventions or groups and after a hearing, shall determine which set of electors was chosen by the authorized convention and shall so announce and publish that fact.

(ii) The decision shall be final, and the set of electors determined by the state officers to be chosen shall be the list or set of electors to be deemed elected if that party is successful at the polls, as herein provided;

(3) Should a vacancy occur in the choice of an elector, the vacancy may be filled by the state executive committee of the party or group, to be certified by the committee to the Secretary of State;

(4) (A) The names of the candidates of the several political parties or groups for electors of President of the United States and Vice President of the United States shall not be printed on the official ballot to be voted on in the election to be held on the day provided in § 7-8-301 . In lieu of the names of the candidates for electors, the name of the candidate for President of the United States and the name of the candidate for Vice President of the United States with the particular political party designation of each shall be printed on the ballot. Each voter in this state may choose and elect one (1) list or set of electors from the several lists or sets of electors chosen and selected by the respective political parties or groups, by placing an appropriate mark on the ballot. (B) Placing a cross within the square before the bracket enclosing the names of President of the United States and Vice President of the United States shall not be deemed and taken as a direct vote for the candidates for President of the United States and Vice President of the United States, or either of them, but shall only be deemed and taken to be a vote for the entire list or set of electors chosen by the political party or group so certified to the Secretary of State as herein provided. Voting by means of placing a cross in the appropriate place following the names of the candidates for President of the United States and Vice President of the United States shall not be deemed or taken as a direct vote for the candidates for President of the United States and Vice President of the United States, or either of them, but instead, as to the presidential vote, as a vote for the entire list or set of electors chosen by that political party or group so certified to the Secretary of State as herein provided;

(A) The names of the candidates of the several political parties or groups for electors of President of the United States and Vice President of the United States shall not be printed on the official ballot to be voted on in the election to be held on the day provided in § 7-8-301 . In lieu of the names of the candidates for electors, the name of the candidate for President of the United States and the name of the candidate for Vice President of the United States with the particular political party designation of each shall be printed on the ballot. Each voter in this state may choose and elect one (1) list or set of electors from the several lists or sets of electors chosen and selected by the respective political parties or groups, by placing an appropriate mark on the ballot.

(B) Placing a cross within the square before the bracket enclosing the names of President of the United States and Vice President of the United States shall not be deemed and taken as a direct vote for the candidates for President of the United States and Vice President of the United States, or either of them, but shall only be deemed and taken to be a vote for the entire list or set of electors chosen by the political party or group so certified to the Secretary of State as herein provided. Voting by means of placing a cross in the appropriate place following the names of the candidates for President of the United States and Vice President of the United States shall not be deemed or taken as a direct vote for the candidates for President of the United States and Vice President of the United States, or either of them, but instead, as to the presidential vote, as a vote for the entire list or set of electors chosen by that political party or group so certified to the Secretary of State as herein provided;

(5) (A) (i) In order to have the name of a political party's candidates for President of the United States and Vice President of the United States printed on the ballot, a political party shall hold a presidential preferential primary election. (ii) A new political party formed under the petition process may nominate by convention if the presidential election is the first general election after certification as a party by the Secretary of State. (B) A political group desiring to have the names of its candidates for President of the United States and Vice President of the United States printed on the ballot shall file a petition with the Secretary of State by noon on the first Monday of August of the year of the election. The petition shall contain at the time of filing the names of five thousand (5,000) qualified electors of the state declaring their desire to have printed on the ballot the names of their candidate for President of the United States and Vice President of the United States. The Secretary of State shall verify the sufficiency of the petition within ten (10) days from the filing of the petition. If the petition is determined to be insufficient, the Secretary of State shall notify in writing the political group through its designated agent and shall set forth his or her reasons for so finding. (C) Any challenges to the certification of the Secretary of State shall be filed in the Pulaski County Circuit Court. (D) No later than 12:00 noon on the seventy-fifth day before the election, a political group that qualifies by petition to place its candidate on the ballot shall submit a certificate of choice stating the names of its candidates for President of the United States and Vice President of the United States, signed under oath by either the chair, vice chair, or secretary of the political group's convention; and

(A) (i) In order to have the name of a political party's candidates for President of the United States and Vice President of the United States printed on the ballot, a political party shall hold a presidential preferential primary election. (ii) A new political party formed under the petition process may nominate by convention if the presidential election is the first general election after certification as a party by the Secretary of State.

(i) In order to have the name of a political party's candidates for President of the United States and Vice President of the United States printed on the ballot, a political party shall hold a presidential preferential primary election.

(ii) A new political party formed under the petition process may nominate by convention if the presidential election is the first general election after certification as a party by the Secretary of State.

(B) A political group desiring to have the names of its candidates for President of the United States and Vice President of the United States printed on the ballot shall file a petition with the Secretary of State by noon on the first Monday of August of the year of the election. The petition shall contain at the time of filing the names of five thousand (5,000) qualified electors of the state declaring their desire to have printed on the ballot the names of their candidate for President of the United States and Vice President of the United States. The Secretary of State shall verify the sufficiency of the petition within ten (10) days from the filing of the petition. If the petition is determined to be insufficient, the Secretary of State shall notify in writing the political group through its designated agent and shall set forth his or her reasons for so finding.

(C) Any challenges to the certification of the Secretary of State shall be filed in the Pulaski County Circuit Court.

(D) No later than 12:00 noon on the seventy-fifth day before the election, a political group that qualifies by petition to place its candidate on the ballot shall submit a certificate of choice stating the names of its candidates for President of the United States and Vice President of the United States, signed under oath by either the chair, vice chair, or secretary of the political group's convention; and

(6) (A) Persons desiring to have their names printed on the ballot as independent candidates for President of the United States and Vice President of the United States shall file a petition with the Secretary of State by noon on the first Monday of August of the year of the election. The petition shall contain at the time of filing the names of five thousand (5,000) qualified electors of the state declaring their desire to have printed on the ballot the names of the persons desiring their names to be printed on the ballot as independent candidates for President of the United States and Vice President of the United States. The Secretary of State shall verify the sufficiency of the petition within ten (10) days from the filing of the petition. If the petition is determined to be insufficient, the Secretary of State shall notify in writing the persons desiring to have their names printed on the ballot as independent candidates for President of the United States and Vice President of the United States at the address or telephone number submitted with the petition and shall set forth his or her reasons for so finding. (B) Any challenges to the certification of the Secretary of State shall be filed in the Pulaski County Circuit Court. (C) By September 15 in the year of the election, independent candidates who qualify by petition to be on the ballot shall certify to the Secretary of State the total list of electors together with electors at large. The filing of the certificate with the Secretary of State shall be deemed and taken to be the choice and selection of the electors of this state, if the independent candidate is successful at the polls, as provided in this subchapter.

(A) Persons desiring to have their names printed on the ballot as independent candidates for President of the United States and Vice President of the United States shall file a petition with the Secretary of State by noon on the first Monday of August of the year of the election. The petition shall contain at the time of filing the names of five thousand (5,000) qualified electors of the state declaring their desire to have printed on the ballot the names of the persons desiring their names to be printed on the ballot as independent candidates for President of the United States and Vice President of the United States. The Secretary of State shall verify the sufficiency of the petition within ten (10) days from the filing of the petition. If the petition is determined to be insufficient, the Secretary of State shall notify in writing the persons desiring to have their names printed on the ballot as independent candidates for President of the United States and Vice President of the United States at the address or telephone number submitted with the petition and shall set forth his or her reasons for so finding.

(B) Any challenges to the certification of the Secretary of State shall be filed in the Pulaski County Circuit Court.

(C) By September 15 in the year of the election, independent candidates who qualify by petition to be on the ballot shall certify to the Secretary of State the total list of electors together with electors at large. The filing of the certificate with the Secretary of State shall be deemed and taken to be the choice and selection of the electors of this state, if the independent candidate is successful at the polls, as provided in this subchapter.

Amended by Act 2021, No. 273,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 273,§ 1, eff. 7/28/2021.

Acts 1969, No. 465, Art. 2, § 7; A.S.A. 1947, § 3-207; Acts 1991, No. 242, § 1; 1997, No. 450, § 5; 2001, No. 473, § 1; 2005, No. 501, § 3; 2007, No. 822, §§ 1, 2; 2009, No. 26, § 6; 2009, No. 375, § 7; 2009, No. 959, §§ 42, 43; 2011, No. 1185, § 12.
Ark. Code Ann. § 7-3-107 — AR Code / Title 7 / Chapter 3 / Section 7-3-107
State convention - Declaration of election results and nominees - Certificates
Status: in_force

After a primary election for the selection of nominees for United States, state, or district offices, each political party shall hold a state convention following the biennial general primary election for the purpose of: (1) Receiving from the Secretary of State the certification of the election results for all United States, state, and district offices. Each party shall furnish to each successful nominee a certificate of nomination; and (2) Performing other duties as may be required by party rules or by law. Acts 1969, No. 465, Art. 1, § 2; 1971, No. 261, § 2; A.S.A. 1947, § 3-102; Acts 1997, No. 444, § 3.

After a primary election for the selection of nominees for United States, state, or district offices, each political party shall hold a state convention following the biennial general primary election for the purpose of:

(1) Receiving from the Secretary of State the certification of the election results for all United States, state, and district offices. Each party shall furnish to each successful nominee a certificate of nomination; and

(2) Performing other duties as may be required by party rules or by law.

Acts 1969, No. 465, Art. 1, § 2; 1971, No. 261, § 2; A.S.A. 1947, § 3-102; Acts 1997, No. 444, § 3.
Ark. Code Ann. § 7-7-303 — AR Code / Title 7 / Chapter 7 / Subchapter 3 / Section 7-7-303
Precincts - Boundaries
Status: in_force

The election precincts in all political party primary elections shall be the same as established by the county board of election commissioners for general elections. Acts 1969, No. 465, Art. 1, § 11; 1971, No. 261, § 5; A.S.A. 1947, § 3-111; Acts 1989, No. 912, § 4; 1995, No. 901, § 7; 2009, No. 959, § 38.

The election precincts in all political party primary elections shall be the same as established by the county board of election commissioners for general elections.

Acts 1969, No. 465, Art. 1, § 11; 1971, No. 261, § 5; A.S.A. 1947, § 3-111; Acts 1989, No. 912, § 4; 1995, No. 901, § 7; 2009, No. 959, § 38.
Ark. Code Ann. § 7-3-105 — AR Code / Title 7 / Chapter 3 / Section 7-3-105
County convention delegates - Selection - Vacancy
Status: in_force

(a) Delegates to the county convention shall be elected in accordance with respective political party rules. (b) The county committee may place on the ballot of the primary election the names of all persons seeking election as a county convention delegate who shall have filed a written pledge to abide by the results of the primary, if any is required by the rules of the political party, and shall have paid the ballot fee, if any, assessed therefor. (c) If candidates for county convention delegates have not qualified as herein provided within the time required for candidates to qualify, the county committee shall select candidates or delegates to the county convention at any public meeting of the committee held after the ticket has closed and prior to the time the primary election ballots are printed. (d) Any vacancies existing or occurring in any of the positions of delegates after the primary election or elections have been held may be filled by the county committee. Amended by Act 2019, No. 648,§ 4, eff. 7/24/2019. Acts 1969, No. 465, Art. 1, § 4; A.S.A. 1947, § 3-104.

(a) Delegates to the county convention shall be elected in accordance with respective political party rules.

(b) The county committee may place on the ballot of the primary election the names of all persons seeking election as a county convention delegate who shall have filed a written pledge to abide by the results of the primary, if any is required by the rules of the political party, and shall have paid the ballot fee, if any, assessed therefor.

(c) If candidates for county convention delegates have not qualified as herein provided within the time required for candidates to qualify, the county committee shall select candidates or delegates to the county convention at any public meeting of the committee held after the ticket has closed and prior to the time the primary election ballots are printed.

(d) Any vacancies existing or occurring in any of the positions of delegates after the primary election or elections have been held may be filled by the county committee.

Amended by Act 2019, No. 648,§ 4, eff. 7/24/2019.

Acts 1969, No. 465, Art. 1, § 4; A.S.A. 1947, § 3-104.
Ark. Code Ann. § 7-5-524 — AR Code / Title 7 / Chapter 5 / Subchapter 5 / Section 7-5-524
Voter access to machines - Persons in line at closing time
Status: in_force

(a) During the time that the polls are open for voting, no more voters shall be permitted to approach the voting machine than there are vacant machines available for voting. (b) At the time of the closing of the polls, all persons who have presented themselves for voting and who are then in line at the polling place shall be permitted to cast their votes as now provided by law. Every person in line shall have the opportunity to vote. Acts 1969, No. 465, Art. 12, § 23; A.S.A. 1947, § 3-1223.

(a) During the time that the polls are open for voting, no more voters shall be permitted to approach the voting machine than there are vacant machines available for voting.

(b) At the time of the closing of the polls, all persons who have presented themselves for voting and who are then in line at the polling place shall be permitted to cast their votes as now provided by law. Every person in line shall have the opportunity to vote.

Acts 1969, No. 465, Art. 12, § 23; A.S.A. 1947, § 3-1223.
Ark. Code Ann. § 7-9-203 — AR Code / Title 7 / Chapter 9 / Subchapter 2 / Section 7-9-203
Entry on journals
Status: in_force

The proposed amendment shall be entered on the journals of each house, with the yeas and nays. Acts 1879, No. 80, § 5, p. 128; C. & M. Dig., § 1472; Pope's Dig., § 1770; A.S.A. 1947, § 2-103.

The proposed amendment shall be entered on the journals of each house, with the yeas and nays.

Acts 1879, No. 80, § 5, p. 128; C. & M. Dig., § 1472; Pope's Dig., § 1770; A.S.A. 1947, § 2-103.
Ark. Code Ann. § 7-9-121 — AR Code / Title 7 / Chapter 9 / Subchapter 1 / Section 7-9-121
Contest of returns and certification
Status: in_force

(a) The right to contest the returns and certification of the votes cast upon any measure is expressly conferred upon any twenty-five (25) qualified electors of the state. (b) Any contest may be brought in the Pulaski County Circuit Court and shall be conducted under any rules and regulations as may be made and promulgated by the Supreme Court. However, the complaint shall be filed within sixty (60) days after the certification of the vote thereon, and the contestants shall not be required to make bond for the costs. Acts 1943, No. 195, § 11; A.S.A. 1947, § 2-222; Acts 2005, No. 67, § 25.

(a) The right to contest the returns and certification of the votes cast upon any measure is expressly conferred upon any twenty-five (25) qualified electors of the state.

(b) Any contest may be brought in the Pulaski County Circuit Court and shall be conducted under any rules and regulations as may be made and promulgated by the Supreme Court. However, the complaint shall be filed within sixty (60) days after the certification of the vote thereon, and the contestants shall not be required to make bond for the costs.

Acts 1943, No. 195, § 11; A.S.A. 1947, § 2-222; Acts 2005, No. 67, § 25.
Ark. Code Ann. § 7-7-305 — AR Code / Title 7 / Chapter 7 / Subchapter 3 / Section 7-7-305
Printing of ballots - Form - Draw for ballot position
Status: in_force

(a) The ballots of the primary election shall be provided by the county board of election commissioners. The form of the ballots shall be the same as is provided by law for ballots in general elections in this state. A different color ballot may be used to distinguish between political parties. (b) (1) The order in which the names of the respective candidates are to appear on the ballots at all preferential and general primary elections shall be determined by lot at the public meeting of the county board of election commissioners held not later than: (A) Seventy-two (72) days before a preferential primary election that is held in May under § 7-7-203 ; and (B) Eighty-nine (89) days before a preferential primary election that is held in March under § 7-7-203 . (2) The county board of election commissioners shall give at least ten (10) days' written notice of the time and place of the meeting to the chairs of the county committees if the chairs are not members of the county board of election commissioners, and at least three (3) days before the meeting, shall publish notice of the time and place of holding the meeting in some newspaper of general circulation in the county. (c) (1) (A) A person who files for an elective office in this state may use not more than three (3) given names, one (1) of which may be a nickname or any other word used to identify the person to the voters, and may add as a prefix to his or her name the title or an abbreviation of an elective public office the person currently holds. (B) A person may use as the prefix the title of a nonpartisan judicial office in an election for a nonpartisan judicial office only if: (i) The person is currently serving in a nonpartisan judicial office to which the person has been elected in the last election for the office; or (ii) The person: (a) Is a candidate for the office of circuit judge or district judge; (b) Is currently serving in the office of circuit judge or district judge as an appointee; and (c) Has been serving in that position for at least twelve (12) months. (C) A nickname shall not include a professional or honorary title. (2) The person filing for office shall include his or her surname in addition to any given names permitted under subdivision (c)(1)(A) of this section. (3) The names and titles as proposed to be used by each candidate on the political practices pledge or, if the political practices pledge is not filed by the filing deadline, then the names and titles that appear on the party certificate shall be reviewed no later than one (1) business day after the filing deadline by the Secretary of State for state and district offices and by the county board of election commissioners for county, township, school, and municipal offices. (4) (A) The name of every candidate shall be printed on the ballot in the form as certified by either the Secretary of State or the county board of election commissioners. (B) However, the county board of election commissioners may substitute an abbreviated title if the ballot lacks space for the title requested by a candidate. (C) The county board of election commissioners shall immediately notify a candidate whose requested title is abbreviated by the county board of election commissioners. (5) A candidate shall not be permitted to change the form in which his or her name will be printed on the ballot after the deadline for filing the political practices pledge. Amended by Act 2019, No. 545,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 527,§ 1, eff. 7/24/2019. Amended by Act 2015EX1, No. 4,§ 3, eff. 5/29/2015, expires 12/31/2016. Amended by Act 2013, No. 1075,§ 1, eff. 8/16/2013. Acts 1969, No. 465, Art. 1, § 14; 1971, No. 261, § 7; A.S.A. 1947, § 3-114; Acts 1991, No. 408, § 1; 1995, No. 901, § 9; 1999, No. 1335, § 1; 2001, No. 799, § 1; 2001, No. 1835, § 1; 2003, No. 1731, § 6; 2007, No. 559, § 6; 2007, No. 1020, § 16; 2007, No. 1049, § 27; 2009, No. 959, § 39; 2011, No. 1185, § 11.

(a) The ballots of the primary election shall be provided by the county board of election commissioners. The form of the ballots shall be the same as is provided by law for ballots in general elections in this state. A different color ballot may be used to distinguish between political parties.

(b) (1) The order in which the names of the respective candidates are to appear on the ballots at all preferential and general primary elections shall be determined by lot at the public meeting of the county board of election commissioners held not later than: (A) Seventy-two (72) days before a preferential primary election that is held in May under § 7-7-203 ; and (B) Eighty-nine (89) days before a preferential primary election that is held in March under § 7-7-203 . (2) The county board of election commissioners shall give at least ten (10) days' written notice of the time and place of the meeting to the chairs of the county committees if the chairs are not members of the county board of election commissioners, and at least three (3) days before the meeting, shall publish notice of the time and place of holding the meeting in some newspaper of general circulation in the county.

(1) The order in which the names of the respective candidates are to appear on the ballots at all preferential and general primary elections shall be determined by lot at the public meeting of the county board of election commissioners held not later than: (A) Seventy-two (72) days before a preferential primary election that is held in May under § 7-7-203 ; and (B) Eighty-nine (89) days before a preferential primary election that is held in March under § 7-7-203 .

(A) Seventy-two (72) days before a preferential primary election that is held in May under § 7-7-203 ; and

(B) Eighty-nine (89) days before a preferential primary election that is held in March under § 7-7-203 .

(2) The county board of election commissioners shall give at least ten (10) days' written notice of the time and place of the meeting to the chairs of the county committees if the chairs are not members of the county board of election commissioners, and at least three (3) days before the meeting, shall publish notice of the time and place of holding the meeting in some newspaper of general circulation in the county.

(c) (1) (A) A person who files for an elective office in this state may use not more than three (3) given names, one (1) of which may be a nickname or any other word used to identify the person to the voters, and may add as a prefix to his or her name the title or an abbreviation of an elective public office the person currently holds. (B) A person may use as the prefix the title of a nonpartisan judicial office in an election for a nonpartisan judicial office only if: (i) The person is currently serving in a nonpartisan judicial office to which the person has been elected in the last election for the office; or (ii) The person: (a) Is a candidate for the office of circuit judge or district judge; (b) Is currently serving in the office of circuit judge or district judge as an appointee; and (c) Has been serving in that position for at least twelve (12) months. (C) A nickname shall not include a professional or honorary title. (2) The person filing for office shall include his or her surname in addition to any given names permitted under subdivision (c)(1)(A) of this section. (3) The names and titles as proposed to be used by each candidate on the political practices pledge or, if the political practices pledge is not filed by the filing deadline, then the names and titles that appear on the party certificate shall be reviewed no later than one (1) business day after the filing deadline by the Secretary of State for state and district offices and by the county board of election commissioners for county, township, school, and municipal offices. (4) (A) The name of every candidate shall be printed on the ballot in the form as certified by either the Secretary of State or the county board of election commissioners. (B) However, the county board of election commissioners may substitute an abbreviated title if the ballot lacks space for the title requested by a candidate. (C) The county board of election commissioners shall immediately notify a candidate whose requested title is abbreviated by the county board of election commissioners. (5) A candidate shall not be permitted to change the form in which his or her name will be printed on the ballot after the deadline for filing the political practices pledge.

(1) (A) A person who files for an elective office in this state may use not more than three (3) given names, one (1) of which may be a nickname or any other word used to identify the person to the voters, and may add as a prefix to his or her name the title or an abbreviation of an elective public office the person currently holds. (B) A person may use as the prefix the title of a nonpartisan judicial office in an election for a nonpartisan judicial office only if: (i) The person is currently serving in a nonpartisan judicial office to which the person has been elected in the last election for the office; or (ii) The person: (a) Is a candidate for the office of circuit judge or district judge; (b) Is currently serving in the office of circuit judge or district judge as an appointee; and (c) Has been serving in that position for at least twelve (12) months. (C) A nickname shall not include a professional or honorary title.

(A) A person who files for an elective office in this state may use not more than three (3) given names, one (1) of which may be a nickname or any other word used to identify the person to the voters, and may add as a prefix to his or her name the title or an abbreviation of an elective public office the person currently holds.

(B) A person may use as the prefix the title of a nonpartisan judicial office in an election for a nonpartisan judicial office only if: (i) The person is currently serving in a nonpartisan judicial office to which the person has been elected in the last election for the office; or (ii) The person: (a) Is a candidate for the office of circuit judge or district judge; (b) Is currently serving in the office of circuit judge or district judge as an appointee; and (c) Has been serving in that position for at least twelve (12) months.

(i) The person is currently serving in a nonpartisan judicial office to which the person has been elected in the last election for the office; or

(ii) The person: (a) Is a candidate for the office of circuit judge or district judge; (b) Is currently serving in the office of circuit judge or district judge as an appointee; and (c) Has been serving in that position for at least twelve (12) months.

(a) Is a candidate for the office of circuit judge or district judge;

(b) Is currently serving in the office of circuit judge or district judge as an appointee; and

(c) Has been serving in that position for at least twelve (12) months.

(C) A nickname shall not include a professional or honorary title.

(2) The person filing for office shall include his or her surname in addition to any given names permitted under subdivision (c)(1)(A) of this section.

(3) The names and titles as proposed to be used by each candidate on the political practices pledge or, if the political practices pledge is not filed by the filing deadline, then the names and titles that appear on the party certificate shall be reviewed no later than one (1) business day after the filing deadline by the Secretary of State for state and district offices and by the county board of election commissioners for county, township, school, and municipal offices.

(4) (A) The name of every candidate shall be printed on the ballot in the form as certified by either the Secretary of State or the county board of election commissioners. (B) However, the county board of election commissioners may substitute an abbreviated title if the ballot lacks space for the title requested by a candidate. (C) The county board of election commissioners shall immediately notify a candidate whose requested title is abbreviated by the county board of election commissioners.

(A) The name of every candidate shall be printed on the ballot in the form as certified by either the Secretary of State or the county board of election commissioners.

(B) However, the county board of election commissioners may substitute an abbreviated title if the ballot lacks space for the title requested by a candidate.

(C) The county board of election commissioners shall immediately notify a candidate whose requested title is abbreviated by the county board of election commissioners.

(5) A candidate shall not be permitted to change the form in which his or her name will be printed on the ballot after the deadline for filing the political practices pledge.

Amended by Act 2019, No. 545,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 527,§ 1, eff. 7/24/2019.

Amended by Act 2015EX1, No. 4,§ 3, eff. 5/29/2015, expires 12/31/2016.

Amended by Act 2013, No. 1075,§ 1, eff. 8/16/2013.

Acts 1969, No. 465, Art. 1, § 14; 1971, No. 261, § 7; A.S.A. 1947, § 3-114; Acts 1991, No. 408, § 1; 1995, No. 901, § 9; 1999, No. 1335, § 1; 2001, No. 799, § 1; 2001, No. 1835, § 1; 2003, No. 1731, § 6; 2007, No. 559, § 6; 2007, No. 1020, § 16; 2007, No. 1049, § 27; 2009, No. 959, § 39; 2011, No. 1185, § 11.
Ark. Code Ann. § 7-6-218 — AR Code / Title 7 / Chapter 6 / Subchapter 2 / Section 7-6-218
Citizen complaints definition
Status: in_force

(a) (1) Any citizen may file a complaint with the Arkansas Ethics Commission against a person covered by this subchapter, by § 6-24-101 et seq.; § 7-1-103(a)(1) -(4), (6), or (7); § 7-1-114 ; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; § 25-1-125 ; and Arkansas Constitution, Article 19, §§ 28-30, for an alleged violation of the subchapters or sections. For purposes of this subdivision (a)(1), the Arkansas Ethics Commission shall be considered a citizen. (2) A complaint must be filed within four (4) years after the alleged violation occurred. If the alleged violation is the failure to file a report or the filing of an incorrect report, the complaint shall be filed within four (4) years after the date the report was due. (3) A citizen complaint shall be timely filed if it is: (A) Hand-delivered to the Arkansas Ethics Commission on or before the date that the complaint is due; (B) Mailed to the Arkansas Ethics Commission, properly addressed, postage prepaid, and bearing a postmark indicating that it was received by the post office or common carrier on or before the date that the complaint is due; or (C) Received via email or facsimile by the Arkansas Ethics Commission on or before the date that the complaint is due, provided the original is received by the Arkansas Ethics Commission within ten (10) days of the transmission. (4) The Arkansas Ethics Commission shall prepare a citizen complaint form and make it publically available on the Arkansas Ethics Commission's website. (5) The Arkansas Ethics Commission shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to develop the complaint submission process under subdivisions (a)(3) and (a)(4) of this section. (b) (1) (A) Upon a complaint stating facts constituting an alleged violation signed under penalty of perjury by any person, the Arkansas Ethics Commission shall investigate the alleged violation of this subchapter or § 6-24-101 et seq.; § 7-1-103(a)(1) -(4), (6), or (7); § 7-1-114 ; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; § 25-1-125 ; and Arkansas Constitution, Article 19, §§ 28-30. (B) The Arkansas Ethics Commission shall immediately notify any person under investigation of the investigation and of the nature of the alleged violation. (C) The Arkansas Ethics Commission in a document shall advise the complainant and the respondent of the final action taken, together with the reasons for the action, and such document shall be a public record. (D) Filing of a frivolous complaint shall be a violation of this subchapter. For purposes of this section, "frivolous" means clearly lacking any basis in fact or law. In any case in which the Arkansas Ethics Commission has dismissed a complaint, the respondent may request in writing that the Arkansas Ethics Commission make a finding as to whether or not the complaint filed was frivolous. In the event that the Arkansas Ethics Commission finds that the complaint was frivolous, the respondent may file a complaint seeking sanctions as provided in subdivision (b)(4) of this section. (2) If, after the investigation, the Arkansas Ethics Commission finds that probable cause exists for a finding of a violation, the respondent may request a hearing. The hearing shall be a public hearing. (3) (A) The Arkansas Ethics Commission shall keep a record of its investigations, inquiries, and proceedings. (B) (i) Except as provided in subdivision (b)(3)(B)(ii) of this section, all proceedings, records, and transcripts of any investigations or inquiries shall be kept confidential by the Arkansas Ethics Commission, unless the respondent requests disclosure of documents relating to investigation of the case, in case of a hearing under subdivision (b)(2) of this section, or in case of judicial review of a decision of the Arkansas Ethics Commission pursuant to § 25-15-212 . (ii) (a) Through its members or staff, the Arkansas Ethics Commission may disclose confidential information to proper law enforcement officials, agencies, and bodies, or as may be required to conduct its investigation. (b) If an investigation or inquiry concerns an attorney or judge, the Arkansas Ethics Commission may, through its members or staff, disclose confidential information to the Supreme Court Committee on Professional Conduct or the Judicial Discipline and Disability Commission. (C) Thirty (30) days after any final adjudication in which the Arkansas Ethics Commission makes a finding of a violation, all records relevant to the investigation and upon which the Arkansas Ethics Commission has based its decision, except working papers of the Arkansas Ethics Commission and its staff, shall be open to public inspection. (4) If the Arkansas Ethics Commission finds a violation of this subchapter; § 6-24-101 et seq.; § 7-1-103(a)(1) -(4), (6), or (7); § 7-1-114 ; § 21-1-401 et seq.;§ 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; § 25-1-125 ; or Arkansas Constitution, Article 19, §§ 28-30, then the Arkansas Ethics Commission shall do one (1) or more of the following, unless good cause be shown for the violation: (A) Issue a public letter of caution or warning or reprimand; (B) (i) Notwithstanding the provisions of §§ 7-6-202 , 7-9409, 21-8-403 , and 21-8-903 , impose a fine of not less than fifty dollars ($50.00) nor more than three thousand five hundred dollars ($3,500) for negligent or intentional violation of this subchapter; § 6-24-101 et seq.;§ 7-1-114 ; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-81001 et seq.; § 25-1-125 ; or Arkansas Constitution, Article 19, §§ 28-30. (ii) A fine for violating § 7-1-114 shall not exceed one hundred fifty dollars ($150). (iii) The Arkansas Ethics Commission shall adopt rules governing the imposition of such fines in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (iv) All moneys received by the Arkansas Ethics Commission in payment of fines shall be deposited into the State Treasury as general revenues; (C) Order the respondent to file or amend a statutorily required disclosure form; or (D) (i) Report its finding, along with such information and documents as it deems appropriate, and make recommendations to the proper law enforcement authorities. (ii) When exercising the authority provided in this subdivision (b)(4), the Arkansas Ethics Commission is not required to make a finding of a violation of the laws under its jurisdiction. (5) (A) (i) Except as provided in subdivision (b)(5)(A)(iii) of this section, the Arkansas Ethics Commission shall complete its investigation of a complaint filed pursuant to this section and take final action within two hundred ten (210) days of the filing of the complaint. (ii) Except as provided in subdivision (b)(5)(A)(iii) of this section, if a hearing under subdivision (b)(2) of this section or other hearing of adjudication is conducted, all action on the complaint by the Arkansas Ethics Commission shall be completed within two hundred forty (240) days. (iii) If the Arkansas Ethics Commission requires additional time to complete its investigation under subdivision (b)(5)(A)(i) of this section or to complete its hearing or action under subdivision (b)(5)(A)(ii) of this section and gives written notice to the person who is under investigation or the subject of the hearing or action, the Arkansas Ethics Commission may extend the time to complete the investigation, hearing, or action by no more than sixty (60) days. (B) However, such time shall be tolled during the pendency of any civil action, civil appeal, or other judicial proceeding involving those particular Arkansas Ethics Commission proceedings. (c) Any final action of the Arkansas Ethics Commission under this section shall constitute an adjudication for purposes of judicial review under § 25-15-212 . Amended by Act 2023, No. 883,§ 10, eff. 5/1/2024. Amended by Act 2023, No. 753,§ 9, eff. 8/1/2023. Amended by Act 2023, No. 307,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 307,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 307,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 547,§ 1, eff. 3/21/2019. Amended by Act 2019, No. 341,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 256,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1280,§ 9, eff. 4/8/2015. Amended by Act 2013, No. 1115,§ 1, eff. 8/16/2013. Init. Meas. 1990, No. 1, § 6; Acts 1995, No. 349, § 2; 1995, No. 352, § 2; 1999, No. 553, § 22; 2001, No. 1839, §§ 11-13; 2003, No. 195, § 7; 2007, No. 221, § 10.

(a) (1) Any citizen may file a complaint with the Arkansas Ethics Commission against a person covered by this subchapter, by § 6-24-101 et seq.; § 7-1-103(a)(1) -(4), (6), or (7); § 7-1-114 ; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; § 25-1-125 ; and Arkansas Constitution, Article 19, §§ 28-30, for an alleged violation of the subchapters or sections. For purposes of this subdivision (a)(1), the Arkansas Ethics Commission shall be considered a citizen. (2) A complaint must be filed within four (4) years after the alleged violation occurred. If the alleged violation is the failure to file a report or the filing of an incorrect report, the complaint shall be filed within four (4) years after the date the report was due. (3) A citizen complaint shall be timely filed if it is: (A) Hand-delivered to the Arkansas Ethics Commission on or before the date that the complaint is due; (B) Mailed to the Arkansas Ethics Commission, properly addressed, postage prepaid, and bearing a postmark indicating that it was received by the post office or common carrier on or before the date that the complaint is due; or (C) Received via email or facsimile by the Arkansas Ethics Commission on or before the date that the complaint is due, provided the original is received by the Arkansas Ethics Commission within ten (10) days of the transmission. (4) The Arkansas Ethics Commission shall prepare a citizen complaint form and make it publically available on the Arkansas Ethics Commission's website. (5) The Arkansas Ethics Commission shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to develop the complaint submission process under subdivisions (a)(3) and (a)(4) of this section.

(1) Any citizen may file a complaint with the Arkansas Ethics Commission against a person covered by this subchapter, by § 6-24-101 et seq.; § 7-1-103(a)(1) -(4), (6), or (7); § 7-1-114 ; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; § 25-1-125 ; and Arkansas Constitution, Article 19, §§ 28-30, for an alleged violation of the subchapters or sections. For purposes of this subdivision (a)(1), the Arkansas Ethics Commission shall be considered a citizen.

(2) A complaint must be filed within four (4) years after the alleged violation occurred. If the alleged violation is the failure to file a report or the filing of an incorrect report, the complaint shall be filed within four (4) years after the date the report was due.

(3) A citizen complaint shall be timely filed if it is: (A) Hand-delivered to the Arkansas Ethics Commission on or before the date that the complaint is due; (B) Mailed to the Arkansas Ethics Commission, properly addressed, postage prepaid, and bearing a postmark indicating that it was received by the post office or common carrier on or before the date that the complaint is due; or (C) Received via email or facsimile by the Arkansas Ethics Commission on or before the date that the complaint is due, provided the original is received by the Arkansas Ethics Commission within ten (10) days of the transmission.

(A) Hand-delivered to the Arkansas Ethics Commission on or before the date that the complaint is due;

(B) Mailed to the Arkansas Ethics Commission, properly addressed, postage prepaid, and bearing a postmark indicating that it was received by the post office or common carrier on or before the date that the complaint is due; or

(C) Received via email or facsimile by the Arkansas Ethics Commission on or before the date that the complaint is due, provided the original is received by the Arkansas Ethics Commission within ten (10) days of the transmission.

(4) The Arkansas Ethics Commission shall prepare a citizen complaint form and make it publically available on the Arkansas Ethics Commission's website.

(5) The Arkansas Ethics Commission shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to develop the complaint submission process under subdivisions (a)(3) and (a)(4) of this section.

(b) (1) (A) Upon a complaint stating facts constituting an alleged violation signed under penalty of perjury by any person, the Arkansas Ethics Commission shall investigate the alleged violation of this subchapter or § 6-24-101 et seq.; § 7-1-103(a)(1) -(4), (6), or (7); § 7-1-114 ; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; § 25-1-125 ; and Arkansas Constitution, Article 19, §§ 28-30. (B) The Arkansas Ethics Commission shall immediately notify any person under investigation of the investigation and of the nature of the alleged violation. (C) The Arkansas Ethics Commission in a document shall advise the complainant and the respondent of the final action taken, together with the reasons for the action, and such document shall be a public record. (D) Filing of a frivolous complaint shall be a violation of this subchapter. For purposes of this section, "frivolous" means clearly lacking any basis in fact or law. In any case in which the Arkansas Ethics Commission has dismissed a complaint, the respondent may request in writing that the Arkansas Ethics Commission make a finding as to whether or not the complaint filed was frivolous. In the event that the Arkansas Ethics Commission finds that the complaint was frivolous, the respondent may file a complaint seeking sanctions as provided in subdivision (b)(4) of this section. (2) If, after the investigation, the Arkansas Ethics Commission finds that probable cause exists for a finding of a violation, the respondent may request a hearing. The hearing shall be a public hearing. (3) (A) The Arkansas Ethics Commission shall keep a record of its investigations, inquiries, and proceedings. (B) (i) Except as provided in subdivision (b)(3)(B)(ii) of this section, all proceedings, records, and transcripts of any investigations or inquiries shall be kept confidential by the Arkansas Ethics Commission, unless the respondent requests disclosure of documents relating to investigation of the case, in case of a hearing under subdivision (b)(2) of this section, or in case of judicial review of a decision of the Arkansas Ethics Commission pursuant to § 25-15-212 . (ii) (a) Through its members or staff, the Arkansas Ethics Commission may disclose confidential information to proper law enforcement officials, agencies, and bodies, or as may be required to conduct its investigation. (b) If an investigation or inquiry concerns an attorney or judge, the Arkansas Ethics Commission may, through its members or staff, disclose confidential information to the Supreme Court Committee on Professional Conduct or the Judicial Discipline and Disability Commission. (C) Thirty (30) days after any final adjudication in which the Arkansas Ethics Commission makes a finding of a violation, all records relevant to the investigation and upon which the Arkansas Ethics Commission has based its decision, except working papers of the Arkansas Ethics Commission and its staff, shall be open to public inspection. (4) If the Arkansas Ethics Commission finds a violation of this subchapter; § 6-24-101 et seq.; § 7-1-103(a)(1) -(4), (6), or (7); § 7-1-114 ; § 21-1-401 et seq.;§ 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; § 25-1-125 ; or Arkansas Constitution, Article 19, §§ 28-30, then the Arkansas Ethics Commission shall do one (1) or more of the following, unless good cause be shown for the violation: (A) Issue a public letter of caution or warning or reprimand; (B) (i) Notwithstanding the provisions of §§ 7-6-202 , 7-9409, 21-8-403 , and 21-8-903 , impose a fine of not less than fifty dollars ($50.00) nor more than three thousand five hundred dollars ($3,500) for negligent or intentional violation of this subchapter; § 6-24-101 et seq.;§ 7-1-114 ; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-81001 et seq.; § 25-1-125 ; or Arkansas Constitution, Article 19, §§ 28-30. (ii) A fine for violating § 7-1-114 shall not exceed one hundred fifty dollars ($150). (iii) The Arkansas Ethics Commission shall adopt rules governing the imposition of such fines in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (iv) All moneys received by the Arkansas Ethics Commission in payment of fines shall be deposited into the State Treasury as general revenues; (C) Order the respondent to file or amend a statutorily required disclosure form; or (D) (i) Report its finding, along with such information and documents as it deems appropriate, and make recommendations to the proper law enforcement authorities. (ii) When exercising the authority provided in this subdivision (b)(4), the Arkansas Ethics Commission is not required to make a finding of a violation of the laws under its jurisdiction. (5) (A) (i) Except as provided in subdivision (b)(5)(A)(iii) of this section, the Arkansas Ethics Commission shall complete its investigation of a complaint filed pursuant to this section and take final action within two hundred ten (210) days of the filing of the complaint. (ii) Except as provided in subdivision (b)(5)(A)(iii) of this section, if a hearing under subdivision (b)(2) of this section or other hearing of adjudication is conducted, all action on the complaint by the Arkansas Ethics Commission shall be completed within two hundred forty (240) days. (iii) If the Arkansas Ethics Commission requires additional time to complete its investigation under subdivision (b)(5)(A)(i) of this section or to complete its hearing or action under subdivision (b)(5)(A)(ii) of this section and gives written notice to the person who is under investigation or the subject of the hearing or action, the Arkansas Ethics Commission may extend the time to complete the investigation, hearing, or action by no more than sixty (60) days. (B) However, such time shall be tolled during the pendency of any civil action, civil appeal, or other judicial proceeding involving those particular Arkansas Ethics Commission proceedings.

(1) (A) Upon a complaint stating facts constituting an alleged violation signed under penalty of perjury by any person, the Arkansas Ethics Commission shall investigate the alleged violation of this subchapter or § 6-24-101 et seq.; § 7-1-103(a)(1) -(4), (6), or (7); § 7-1-114 ; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; § 25-1-125 ; and Arkansas Constitution, Article 19, §§ 28-30. (B) The Arkansas Ethics Commission shall immediately notify any person under investigation of the investigation and of the nature of the alleged violation. (C) The Arkansas Ethics Commission in a document shall advise the complainant and the respondent of the final action taken, together with the reasons for the action, and such document shall be a public record. (D) Filing of a frivolous complaint shall be a violation of this subchapter. For purposes of this section, "frivolous" means clearly lacking any basis in fact or law. In any case in which the Arkansas Ethics Commission has dismissed a complaint, the respondent may request in writing that the Arkansas Ethics Commission make a finding as to whether or not the complaint filed was frivolous. In the event that the Arkansas Ethics Commission finds that the complaint was frivolous, the respondent may file a complaint seeking sanctions as provided in subdivision (b)(4) of this section.

(A) Upon a complaint stating facts constituting an alleged violation signed under penalty of perjury by any person, the Arkansas Ethics Commission shall investigate the alleged violation of this subchapter or § 6-24-101 et seq.; § 7-1-103(a)(1) -(4), (6), or (7); § 7-1-114 ; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; § 25-1-125 ; and Arkansas Constitution, Article 19, §§ 28-30.

(B) The Arkansas Ethics Commission shall immediately notify any person under investigation of the investigation and of the nature of the alleged violation.

(C) The Arkansas Ethics Commission in a document shall advise the complainant and the respondent of the final action taken, together with the reasons for the action, and such document shall be a public record.

(D) Filing of a frivolous complaint shall be a violation of this subchapter. For purposes of this section, "frivolous" means clearly lacking any basis in fact or law. In any case in which the Arkansas Ethics Commission has dismissed a complaint, the respondent may request in writing that the Arkansas Ethics Commission make a finding as to whether or not the complaint filed was frivolous. In the event that the Arkansas Ethics Commission finds that the complaint was frivolous, the respondent may file a complaint seeking sanctions as provided in subdivision (b)(4) of this section.

(2) If, after the investigation, the Arkansas Ethics Commission finds that probable cause exists for a finding of a violation, the respondent may request a hearing. The hearing shall be a public hearing.

(3) (A) The Arkansas Ethics Commission shall keep a record of its investigations, inquiries, and proceedings. (B) (i) Except as provided in subdivision (b)(3)(B)(ii) of this section, all proceedings, records, and transcripts of any investigations or inquiries shall be kept confidential by the Arkansas Ethics Commission, unless the respondent requests disclosure of documents relating to investigation of the case, in case of a hearing under subdivision (b)(2) of this section, or in case of judicial review of a decision of the Arkansas Ethics Commission pursuant to § 25-15-212 . (ii) (a) Through its members or staff, the Arkansas Ethics Commission may disclose confidential information to proper law enforcement officials, agencies, and bodies, or as may be required to conduct its investigation. (b) If an investigation or inquiry concerns an attorney or judge, the Arkansas Ethics Commission may, through its members or staff, disclose confidential information to the Supreme Court Committee on Professional Conduct or the Judicial Discipline and Disability Commission. (C) Thirty (30) days after any final adjudication in which the Arkansas Ethics Commission makes a finding of a violation, all records relevant to the investigation and upon which the Arkansas Ethics Commission has based its decision, except working papers of the Arkansas Ethics Commission and its staff, shall be open to public inspection.

(A) The Arkansas Ethics Commission shall keep a record of its investigations, inquiries, and proceedings.

(B) (i) Except as provided in subdivision (b)(3)(B)(ii) of this section, all proceedings, records, and transcripts of any investigations or inquiries shall be kept confidential by the Arkansas Ethics Commission, unless the respondent requests disclosure of documents relating to investigation of the case, in case of a hearing under subdivision (b)(2) of this section, or in case of judicial review of a decision of the Arkansas Ethics Commission pursuant to § 25-15-212 . (ii) (a) Through its members or staff, the Arkansas Ethics Commission may disclose confidential information to proper law enforcement officials, agencies, and bodies, or as may be required to conduct its investigation. (b) If an investigation or inquiry concerns an attorney or judge, the Arkansas Ethics Commission may, through its members or staff, disclose confidential information to the Supreme Court Committee on Professional Conduct or the Judicial Discipline and Disability Commission.

(i) Except as provided in subdivision (b)(3)(B)(ii) of this section, all proceedings, records, and transcripts of any investigations or inquiries shall be kept confidential by the Arkansas Ethics Commission, unless the respondent requests disclosure of documents relating to investigation of the case, in case of a hearing under subdivision (b)(2) of this section, or in case of judicial review of a decision of the Arkansas Ethics Commission pursuant to § 25-15-212 .

(ii) (a) Through its members or staff, the Arkansas Ethics Commission may disclose confidential information to proper law enforcement officials, agencies, and bodies, or as may be required to conduct its investigation. (b) If an investigation or inquiry concerns an attorney or judge, the Arkansas Ethics Commission may, through its members or staff, disclose confidential information to the Supreme Court Committee on Professional Conduct or the Judicial Discipline and Disability Commission.

(a) Through its members or staff, the Arkansas Ethics Commission may disclose confidential information to proper law enforcement officials, agencies, and bodies, or as may be required to conduct its investigation.

(b) If an investigation or inquiry concerns an attorney or judge, the Arkansas Ethics Commission may, through its members or staff, disclose confidential information to the Supreme Court Committee on Professional Conduct or the Judicial Discipline and Disability Commission.

(C) Thirty (30) days after any final adjudication in which the Arkansas Ethics Commission makes a finding of a violation, all records relevant to the investigation and upon which the Arkansas Ethics Commission has based its decision, except working papers of the Arkansas Ethics Commission and its staff, shall be open to public inspection.

(4) If the Arkansas Ethics Commission finds a violation of this subchapter; § 6-24-101 et seq.; § 7-1-103(a)(1) -(4), (6), or (7); § 7-1-114 ; § 21-1-401 et seq.;§ 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; § 25-1-125 ; or Arkansas Constitution, Article 19, §§ 28-30, then the Arkansas Ethics Commission shall do one (1) or more of the following, unless good cause be shown for the violation: (A) Issue a public letter of caution or warning or reprimand; (B) (i) Notwithstanding the provisions of §§ 7-6-202 , 7-9409, 21-8-403 , and 21-8-903 , impose a fine of not less than fifty dollars ($50.00) nor more than three thousand five hundred dollars ($3,500) for negligent or intentional violation of this subchapter; § 6-24-101 et seq.;§ 7-1-114 ; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-81001 et seq.; § 25-1-125 ; or Arkansas Constitution, Article 19, §§ 28-30. (ii) A fine for violating § 7-1-114 shall not exceed one hundred fifty dollars ($150). (iii) The Arkansas Ethics Commission shall adopt rules governing the imposition of such fines in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (iv) All moneys received by the Arkansas Ethics Commission in payment of fines shall be deposited into the State Treasury as general revenues; (C) Order the respondent to file or amend a statutorily required disclosure form; or (D) (i) Report its finding, along with such information and documents as it deems appropriate, and make recommendations to the proper law enforcement authorities. (ii) When exercising the authority provided in this subdivision (b)(4), the Arkansas Ethics Commission is not required to make a finding of a violation of the laws under its jurisdiction.

(A) Issue a public letter of caution or warning or reprimand;

(B) (i) Notwithstanding the provisions of §§ 7-6-202 , 7-9409, 21-8-403 , and 21-8-903 , impose a fine of not less than fifty dollars ($50.00) nor more than three thousand five hundred dollars ($3,500) for negligent or intentional violation of this subchapter; § 6-24-101 et seq.;§ 7-1-114 ; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-81001 et seq.; § 25-1-125 ; or Arkansas Constitution, Article 19, §§ 28-30. (ii) A fine for violating § 7-1-114 shall not exceed one hundred fifty dollars ($150). (iii) The Arkansas Ethics Commission shall adopt rules governing the imposition of such fines in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (iv) All moneys received by the Arkansas Ethics Commission in payment of fines shall be deposited into the State Treasury as general revenues;

(i) Notwithstanding the provisions of §§ 7-6-202 , 7-9409, 21-8-403 , and 21-8-903 , impose a fine of not less than fifty dollars ($50.00) nor more than three thousand five hundred dollars ($3,500) for negligent or intentional violation of this subchapter; § 6-24-101 et seq.;§ 7-1-114 ; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-81001 et seq.; § 25-1-125 ; or Arkansas Constitution, Article 19, §§ 28-30.

(ii) A fine for violating § 7-1-114 shall not exceed one hundred fifty dollars ($150).

(iii) The Arkansas Ethics Commission shall adopt rules governing the imposition of such fines in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(iv) All moneys received by the Arkansas Ethics Commission in payment of fines shall be deposited into the State Treasury as general revenues;

(C) Order the respondent to file or amend a statutorily required disclosure form; or

(D) (i) Report its finding, along with such information and documents as it deems appropriate, and make recommendations to the proper law enforcement authorities. (ii) When exercising the authority provided in this subdivision (b)(4), the Arkansas Ethics Commission is not required to make a finding of a violation of the laws under its jurisdiction.

(i) Report its finding, along with such information and documents as it deems appropriate, and make recommendations to the proper law enforcement authorities.

(ii) When exercising the authority provided in this subdivision (b)(4), the Arkansas Ethics Commission is not required to make a finding of a violation of the laws under its jurisdiction.

(5) (A) (i) Except as provided in subdivision (b)(5)(A)(iii) of this section, the Arkansas Ethics Commission shall complete its investigation of a complaint filed pursuant to this section and take final action within two hundred ten (210) days of the filing of the complaint. (ii) Except as provided in subdivision (b)(5)(A)(iii) of this section, if a hearing under subdivision (b)(2) of this section or other hearing of adjudication is conducted, all action on the complaint by the Arkansas Ethics Commission shall be completed within two hundred forty (240) days. (iii) If the Arkansas Ethics Commission requires additional time to complete its investigation under subdivision (b)(5)(A)(i) of this section or to complete its hearing or action under subdivision (b)(5)(A)(ii) of this section and gives written notice to the person who is under investigation or the subject of the hearing or action, the Arkansas Ethics Commission may extend the time to complete the investigation, hearing, or action by no more than sixty (60) days. (B) However, such time shall be tolled during the pendency of any civil action, civil appeal, or other judicial proceeding involving those particular Arkansas Ethics Commission proceedings.

(A) (i) Except as provided in subdivision (b)(5)(A)(iii) of this section, the Arkansas Ethics Commission shall complete its investigation of a complaint filed pursuant to this section and take final action within two hundred ten (210) days of the filing of the complaint. (ii) Except as provided in subdivision (b)(5)(A)(iii) of this section, if a hearing under subdivision (b)(2) of this section or other hearing of adjudication is conducted, all action on the complaint by the Arkansas Ethics Commission shall be completed within two hundred forty (240) days. (iii) If the Arkansas Ethics Commission requires additional time to complete its investigation under subdivision (b)(5)(A)(i) of this section or to complete its hearing or action under subdivision (b)(5)(A)(ii) of this section and gives written notice to the person who is under investigation or the subject of the hearing or action, the Arkansas Ethics Commission may extend the time to complete the investigation, hearing, or action by no more than sixty (60) days.

(i) Except as provided in subdivision (b)(5)(A)(iii) of this section, the Arkansas Ethics Commission shall complete its investigation of a complaint filed pursuant to this section and take final action within two hundred ten (210) days of the filing of the complaint.

(ii) Except as provided in subdivision (b)(5)(A)(iii) of this section, if a hearing under subdivision (b)(2) of this section or other hearing of adjudication is conducted, all action on the complaint by the Arkansas Ethics Commission shall be completed within two hundred forty (240) days.

(iii) If the Arkansas Ethics Commission requires additional time to complete its investigation under subdivision (b)(5)(A)(i) of this section or to complete its hearing or action under subdivision (b)(5)(A)(ii) of this section and gives written notice to the person who is under investigation or the subject of the hearing or action, the Arkansas Ethics Commission may extend the time to complete the investigation, hearing, or action by no more than sixty (60) days.

(B) However, such time shall be tolled during the pendency of any civil action, civil appeal, or other judicial proceeding involving those particular Arkansas Ethics Commission proceedings.

(c) Any final action of the Arkansas Ethics Commission under this section shall constitute an adjudication for purposes of judicial review under § 25-15-212 .

Amended by Act 2023, No. 883,§ 10, eff. 5/1/2024.

Amended by Act 2023, No. 753,§ 9, eff. 8/1/2023.

Amended by Act 2023, No. 307,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 307,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 307,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 547,§ 1, eff. 3/21/2019.

Amended by Act 2019, No. 341,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 256,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1280,§ 9, eff. 4/8/2015.

Amended by Act 2013, No. 1115,§ 1, eff. 8/16/2013.

Init. Meas. 1990, No. 1, § 6; Acts 1995, No. 349, § 2; 1995, No. 352, § 2; 1999, No. 553, § 22; 2001, No. 1839, §§ 11-13; 2003, No. 195, § 7; 2007, No. 221, § 10.
Ark. Code Ann. § 7-11-203 — AR Code / Title 7 / Chapter 11 / Subchapter 2 / Section 7-11-203
Calling special elections on local measures or questions
Status: in_force

(a) The document under § 7-11-201 calling the special election on a local measure or question shall be filed with the county clerk of the county administering the election, who shall immediately transmit the document to the county board of election commissioners in each county where the special election is to be held. (b) The county board of election commissioners shall publish the document as soon as practicable in a newspaper of general circulation in the county in which the special election is held. Acts 2009, No. 1480, § 47.

(a) The document under § 7-11-201 calling the special election on a local measure or question shall be filed with the county clerk of the county administering the election, who shall immediately transmit the document to the county board of election commissioners in each county where the special election is to be held.

(b) The county board of election commissioners shall publish the document as soon as practicable in a newspaper of general circulation in the county in which the special election is held.

Acts 2009, No. 1480, § 47.
Ark. Code Ann. § 7-5-701 — AR Code / Title 7 / Chapter 5 / Subchapter 7 / Section 7-5-701
Declaration of results - Certification, delivery, and custody of returns
Status: in_force

(a) (1) No earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, the county board of election commissioners, from the certificates and ballots received from the several precincts, shall proceed to ascertain, declare, and certify the result of the election to the Secretary of State. (2) Unopposed candidates, other than candidates for mayor, Governor, and circuit clerk, shall be separately declared and certified to the Secretary of State as elected in the same manner as if the candidate had been voted upon at the election. (3) (A) As results are received and tabulated on election night for all state and federal elections, the county board of election commissioners shall declare preliminary and unofficial results of the election as soon as early voting, absentee, or individual precinct results are tabulated but no later than twenty-four (24) hours after polls close on election night and immediately shall transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State. (B) The county board of election commissioners may, by agreement with the county clerk, transmit the results to the county clerk who immediately shall transmit the results by precinct to the Secretary of State under subdivision (a)(3)(A) of this section. (C) On election night for all state and federal elections, immediately after the count of the vote is complete but no later than twenty-four (24) hours after polls close on election night, the county board of election commissioners shall: (i) Declare preliminary and unofficial results of the election, including a statement of the number of outstanding: (a) Ballots of voters who requested ballots under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.; and (b) Provisional ballots; and (ii) Immediately transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State. (D) The county board of election commissioners may, by agreement with the county clerk, transmit the results to the county clerk who shall immediately transmit the results by precinct to the Secretary of State as described in subdivision (a)(3)(C) of this section. (E) The Secretary of State may establish policies and procedures to accomplish the objectives set forth under this section. (4) Within nineteen (19) calendar days after any general, special, or school election, the county board of election commissioners shall deliver a certificate of election to the person having the highest number of legal votes for any county office. (b) The county board of election commissioners shall also file in the office of the clerk of the county court a certificate setting forth in detail the result of the election in each precinct. (c) (1) No earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, the county board of election commissioners shall deposit certified copies of the abstracts of the returns of the election for members of the United States Congress and for all executive, legislative, and judicial officers in the nearest post office on the most direct route to the seat of government and directed to the Secretary of State. (2) Separate from an abstract, the county board of election commissioners shall certify all unopposed candidates for these offices as elected in the same manner as if the candidate had been voted upon at the election. (3) The county board of election commissioners shall not receive compensation for election duties after the election until the election results have been certified and delivered to the Secretary of State. (4) The Secretary of State shall file a complaint with the State Board of Election Commissioners under § 7-4-120 if the county board of election commissioners does not comply with subdivision (c)(1) of this section. (d) (1) It shall at the same time enclose in a separate envelope and direct to the Speaker of the House of Representatives, in care of the Secretary of State, at the seat of government, a certified copy of the abstract of votes given for Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General. (2) It is the duty of the Secretary of State to safely keep the returns addressed to the Speaker of the House of Representatives until they shall be required for the purpose of ascertaining and declaring the result of the election as prescribed in Arkansas Constitution, Article 6, § 3. Amended by Act 2023, No. 350,§ 6, eff. 3/21/2023. Amended by Act 2023, No. 350,§ 5, eff. 3/21/2023. Amended by Act 2021, No. 448,§ 8, eff. 7/28/2021. Amended by Act 2019, No. 254,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 730,§ 3, eff. 8/1/2017. Amended by Act 2013, No. 1211,§ 5, eff. 8/16/2013. Amended by Act 2013, No. 1058,§ 1, eff. 8/16/2013. Acts 1969, No. 465, Art. 8, § 1; 1971, No. 261, § 14; A.S.A. 1947, § 3-801; Acts 1993, No. 512, § 3; 1993, No. 966, § 1; 1995, No. 441, § 1; 1995, No. 723, § 1; 1995, No. 724, § 1; 1999, No. 1304, § 1; 2001, No. 1475, § 1; 2003, No. 131, § 1; 2005, No. 731, § 1; 2005, No. 895, § 1; 2005, No. 1677, § 5.

(a) (1) No earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, the county board of election commissioners, from the certificates and ballots received from the several precincts, shall proceed to ascertain, declare, and certify the result of the election to the Secretary of State. (2) Unopposed candidates, other than candidates for mayor, Governor, and circuit clerk, shall be separately declared and certified to the Secretary of State as elected in the same manner as if the candidate had been voted upon at the election. (3) (A) As results are received and tabulated on election night for all state and federal elections, the county board of election commissioners shall declare preliminary and unofficial results of the election as soon as early voting, absentee, or individual precinct results are tabulated but no later than twenty-four (24) hours after polls close on election night and immediately shall transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State. (B) The county board of election commissioners may, by agreement with the county clerk, transmit the results to the county clerk who immediately shall transmit the results by precinct to the Secretary of State under subdivision (a)(3)(A) of this section. (C) On election night for all state and federal elections, immediately after the count of the vote is complete but no later than twenty-four (24) hours after polls close on election night, the county board of election commissioners shall: (i) Declare preliminary and unofficial results of the election, including a statement of the number of outstanding: (a) Ballots of voters who requested ballots under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.; and (b) Provisional ballots; and (ii) Immediately transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State. (D) The county board of election commissioners may, by agreement with the county clerk, transmit the results to the county clerk who shall immediately transmit the results by precinct to the Secretary of State as described in subdivision (a)(3)(C) of this section. (E) The Secretary of State may establish policies and procedures to accomplish the objectives set forth under this section. (4) Within nineteen (19) calendar days after any general, special, or school election, the county board of election commissioners shall deliver a certificate of election to the person having the highest number of legal votes for any county office.

(1) No earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, the county board of election commissioners, from the certificates and ballots received from the several precincts, shall proceed to ascertain, declare, and certify the result of the election to the Secretary of State.

(2) Unopposed candidates, other than candidates for mayor, Governor, and circuit clerk, shall be separately declared and certified to the Secretary of State as elected in the same manner as if the candidate had been voted upon at the election.

(3) (A) As results are received and tabulated on election night for all state and federal elections, the county board of election commissioners shall declare preliminary and unofficial results of the election as soon as early voting, absentee, or individual precinct results are tabulated but no later than twenty-four (24) hours after polls close on election night and immediately shall transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State. (B) The county board of election commissioners may, by agreement with the county clerk, transmit the results to the county clerk who immediately shall transmit the results by precinct to the Secretary of State under subdivision (a)(3)(A) of this section. (C) On election night for all state and federal elections, immediately after the count of the vote is complete but no later than twenty-four (24) hours after polls close on election night, the county board of election commissioners shall: (i) Declare preliminary and unofficial results of the election, including a statement of the number of outstanding: (a) Ballots of voters who requested ballots under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.; and (b) Provisional ballots; and (ii) Immediately transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State. (D) The county board of election commissioners may, by agreement with the county clerk, transmit the results to the county clerk who shall immediately transmit the results by precinct to the Secretary of State as described in subdivision (a)(3)(C) of this section. (E) The Secretary of State may establish policies and procedures to accomplish the objectives set forth under this section.

(A) As results are received and tabulated on election night for all state and federal elections, the county board of election commissioners shall declare preliminary and unofficial results of the election as soon as early voting, absentee, or individual precinct results are tabulated but no later than twenty-four (24) hours after polls close on election night and immediately shall transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State.

(B) The county board of election commissioners may, by agreement with the county clerk, transmit the results to the county clerk who immediately shall transmit the results by precinct to the Secretary of State under subdivision (a)(3)(A) of this section.

(C) On election night for all state and federal elections, immediately after the count of the vote is complete but no later than twenty-four (24) hours after polls close on election night, the county board of election commissioners shall: (i) Declare preliminary and unofficial results of the election, including a statement of the number of outstanding: (a) Ballots of voters who requested ballots under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.; and (b) Provisional ballots; and (ii) Immediately transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State.

(i) Declare preliminary and unofficial results of the election, including a statement of the number of outstanding: (a) Ballots of voters who requested ballots under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.; and (b) Provisional ballots; and

(a) Ballots of voters who requested ballots under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.; and

(b) Provisional ballots; and

(ii) Immediately transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State.

(D) The county board of election commissioners may, by agreement with the county clerk, transmit the results to the county clerk who shall immediately transmit the results by precinct to the Secretary of State as described in subdivision (a)(3)(C) of this section.

(E) The Secretary of State may establish policies and procedures to accomplish the objectives set forth under this section.

(4) Within nineteen (19) calendar days after any general, special, or school election, the county board of election commissioners shall deliver a certificate of election to the person having the highest number of legal votes for any county office.

(b) The county board of election commissioners shall also file in the office of the clerk of the county court a certificate setting forth in detail the result of the election in each precinct.

(c) (1) No earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, the county board of election commissioners shall deposit certified copies of the abstracts of the returns of the election for members of the United States Congress and for all executive, legislative, and judicial officers in the nearest post office on the most direct route to the seat of government and directed to the Secretary of State. (2) Separate from an abstract, the county board of election commissioners shall certify all unopposed candidates for these offices as elected in the same manner as if the candidate had been voted upon at the election. (3) The county board of election commissioners shall not receive compensation for election duties after the election until the election results have been certified and delivered to the Secretary of State. (4) The Secretary of State shall file a complaint with the State Board of Election Commissioners under § 7-4-120 if the county board of election commissioners does not comply with subdivision (c)(1) of this section.

(1) No earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, the county board of election commissioners shall deposit certified copies of the abstracts of the returns of the election for members of the United States Congress and for all executive, legislative, and judicial officers in the nearest post office on the most direct route to the seat of government and directed to the Secretary of State.

(2) Separate from an abstract, the county board of election commissioners shall certify all unopposed candidates for these offices as elected in the same manner as if the candidate had been voted upon at the election.

(3) The county board of election commissioners shall not receive compensation for election duties after the election until the election results have been certified and delivered to the Secretary of State.

(4) The Secretary of State shall file a complaint with the State Board of Election Commissioners under § 7-4-120 if the county board of election commissioners does not comply with subdivision (c)(1) of this section.

(d) (1) It shall at the same time enclose in a separate envelope and direct to the Speaker of the House of Representatives, in care of the Secretary of State, at the seat of government, a certified copy of the abstract of votes given for Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General. (2) It is the duty of the Secretary of State to safely keep the returns addressed to the Speaker of the House of Representatives until they shall be required for the purpose of ascertaining and declaring the result of the election as prescribed in Arkansas Constitution, Article 6, § 3.

(1) It shall at the same time enclose in a separate envelope and direct to the Speaker of the House of Representatives, in care of the Secretary of State, at the seat of government, a certified copy of the abstract of votes given for Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General.

(2) It is the duty of the Secretary of State to safely keep the returns addressed to the Speaker of the House of Representatives until they shall be required for the purpose of ascertaining and declaring the result of the election as prescribed in Arkansas Constitution, Article 6, § 3.

Amended by Act 2023, No. 350,§ 6, eff. 3/21/2023.

Amended by Act 2023, No. 350,§ 5, eff. 3/21/2023.

Amended by Act 2021, No. 448,§ 8, eff. 7/28/2021.

Amended by Act 2019, No. 254,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 730,§ 3, eff. 8/1/2017.

Amended by Act 2013, No. 1211,§ 5, eff. 8/16/2013.

Amended by Act 2013, No. 1058,§ 1, eff. 8/16/2013.

Acts 1969, No. 465, Art. 8, § 1; 1971, No. 261, § 14; A.S.A. 1947, § 3-801; Acts 1993, No. 512, § 3; 1993, No. 966, § 1; 1995, No. 441, § 1; 1995, No. 723, § 1; 1995, No. 724, § 1; 1999, No. 1304, § 1; 2001, No. 1475, § 1; 2003, No. 131, § 1; 2005, No. 731, § 1; 2005, No. 895, § 1; 2005, No. 1677, § 5.
Ark. Code Ann. § 7-11-106 — AR Code / Title 7 / Chapter 11 / Subchapter 1 / Section 7-11-106
Special primary elections held in conjunction with regularly scheduled primary election - Separate ballots optional
Status: in_force

(a) When a special primary election is held on the date of the preferential primary or general primary election, the candidates to be voted upon at the special primary election shall be included on the ballot of each political party, and the portion of the ballot on which the special primary election appears shall be labeled with a heading stating "SPECIAL PRIMARY ELECTION FOR ____________________________" with the name of the party for which nomination is sought and the office set out in the heading. (b) The county board of election commissioners may include the special primary election on a separate ballot if the special primary election is held at the same time as a preferential primary election or general primary election and the county board of election commissioners determines that a separate ballot is necessary to avoid voter confusion. Amended by Act 2017, No. 1088,§ 3, eff. 8/1/2017. Acts 2009, No. 1480, § 47.

(a) When a special primary election is held on the date of the preferential primary or general primary election, the candidates to be voted upon at the special primary election shall be included on the ballot of each political party, and the portion of the ballot on which the special primary election appears shall be labeled with a heading stating "SPECIAL PRIMARY ELECTION FOR ____________________________" with the name of the party for which nomination is sought and the office set out in the heading.

(b) The county board of election commissioners may include the special primary election on a separate ballot if the special primary election is held at the same time as a preferential primary election or general primary election and the county board of election commissioners determines that a separate ballot is necessary to avoid voter confusion.

Amended by Act 2017, No. 1088,§ 3, eff. 8/1/2017.

Acts 2009, No. 1480, § 47.
Ark. Code Ann. § 7-5-415 — AR Code / Title 7 / Chapter 5 / Subchapter 4 / Section 7-5-415
Compensation of county clerk for extra deputy
Status: in_force

The county clerk's budget shall be paid not less than minimum wage for a period not to exceed thirty-five (35) days for hiring one (1) extra deputy for the purpose of carrying out the requirements of this act. The fee for this one (1) extra deputy shall be established and paid by the county, city, or other political subdivision, the representatives of which call the election, or in the case of a state-funded election, by the State Board of Election Commissioners. Any additional deputies beyond the one (1) extra deputy may be hired as necessary to carry out the purposes of early voting and absentee voting, if approved and paid by the quorum court of the county. In the regular general election, the fee for the one (1) extra deputy or additional deputies shall be paid by the county. Acts 1969, No. 465, Art. 9, § 15; A.S.A. 1947, § 3-915; Acts 1991, No. 482, § 1; 1997, No. 1092, § 11; 2007, No. 556, § 12.

The county clerk's budget shall be paid not less than minimum wage for a period not to exceed thirty-five (35) days for hiring one (1) extra deputy for the purpose of carrying out the requirements of this act. The fee for this one (1) extra deputy shall be established and paid by the county, city, or other political subdivision, the representatives of which call the election, or in the case of a state-funded election, by the State Board of Election Commissioners. Any additional deputies beyond the one (1) extra deputy may be hired as necessary to carry out the purposes of early voting and absentee voting, if approved and paid by the quorum court of the county. In the regular general election, the fee for the one (1) extra deputy or additional deputies shall be paid by the county.

Acts 1969, No. 465, Art. 9, § 15; A.S.A. 1947, § 3-915; Acts 1991, No. 482, § 1; 1997, No. 1092, § 11; 2007, No. 556, § 12.
Ark. Code Ann. § 7-5-806 — AR Code / Title 7 / Chapter 5 / Subchapter 8 / Section 7-5-806
Contest of state constitutional executive offices
Status: in_force

(a) All contested general elections of Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General, except as provided in this section, shall be decided by the joint vote of both houses of the General Assembly, and in that joint meeting the President of the Senate shall preside. (b) If, following any general election, any person contests any election covered by this section, he or she shall present his or her petition to the General Assembly, setting forth the points on which he or she will contest the election and the facts which he or she will prove in support of the points, and he or she shall pray for leave to introduce his or her proofs. (c) A vote shall be taken by yeas and nays in each house as to whether the prayers shall be granted. (d) If a majority of the whole number of votes of both houses shall be in the affirmative, they shall appoint a joint committee to take testimony on the part of the petitioner and also on the part of the person whose place is contested. The committee shall have power to send for witnesses and to issue warrants under the hand of the chair to any judge or justice of the peace to take the deposition of witnesses at such time and place as the warrant shall direct. The points to which the testimony is to be taken shall be set forth in the warrants. (e) Reasonable notice shall be given by the party in whose favor depositions shall be allowed to be taken to the opposite party of the time and place of taking the depositions. The judge or justice shall proceed in all things, in the attendance of witnesses and in taking and certifying the testimony, as is directed in the preceding section. (f) The party shall also be allowed to attend the examination of witnesses before the committee and to cross-examine them, but no testimony shall be taken except in relation to the points set forth in the petition. (g) The committee shall report the facts to the two (2) houses, and the day shall be fixed by a joint resolution for the meeting of the two (2) houses to decide the contest, on which decision the yeas and nays shall be taken and entered on the journal of each house. Acts 1969, No. 465, Art. 10, § 9; A.S.A. 1947, § 3-1009; Acts 1993, No. 512, § 6.

(a) All contested general elections of Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General, except as provided in this section, shall be decided by the joint vote of both houses of the General Assembly, and in that joint meeting the President of the Senate shall preside.

(b) If, following any general election, any person contests any election covered by this section, he or she shall present his or her petition to the General Assembly, setting forth the points on which he or she will contest the election and the facts which he or she will prove in support of the points, and he or she shall pray for leave to introduce his or her proofs.

(c) A vote shall be taken by yeas and nays in each house as to whether the prayers shall be granted.

(d) If a majority of the whole number of votes of both houses shall be in the affirmative, they shall appoint a joint committee to take testimony on the part of the petitioner and also on the part of the person whose place is contested. The committee shall have power to send for witnesses and to issue warrants under the hand of the chair to any judge or justice of the peace to take the deposition of witnesses at such time and place as the warrant shall direct. The points to which the testimony is to be taken shall be set forth in the warrants.

(e) Reasonable notice shall be given by the party in whose favor depositions shall be allowed to be taken to the opposite party of the time and place of taking the depositions. The judge or justice shall proceed in all things, in the attendance of witnesses and in taking and certifying the testimony, as is directed in the preceding section.

(f) The party shall also be allowed to attend the examination of witnesses before the committee and to cross-examine them, but no testimony shall be taken except in relation to the points set forth in the petition.

(g) The committee shall report the facts to the two (2) houses, and the day shall be fixed by a joint resolution for the meeting of the two (2) houses to decide the contest, on which decision the yeas and nays shall be taken and entered on the journal of each house.

Acts 1969, No. 465, Art. 10, § 9; A.S.A. 1947, § 3-1009; Acts 1993, No. 512, § 6.
Ark. Code Ann. § 7-9-501 — AR Code / Title 7 / Chapter 9 / Subchapter 5 / Section 7-9-501
et seq - [Repealed]
Status: repealed

Repealed by Act 2013, No. 1413,§ 20, eff. 4/22/2013. Acts 1999, No. 877, § 1.

Repealed by Act 2013, No. 1413,§ 20, eff. 4/22/2013.

Acts 1999, No. 877, § 1.
Ark. Code Ann. § 7-5-516 — AR Code / Title 7 / Chapter 5 / Subchapter 5 / Section 7-5-516
Notice to candidates of preparation - Rules and statutes unaffected
Status: in_force

Before the county board of election commissioners begins the preparation of the machines for any election, it shall publish a notice in a newspaper of general circulation in the county stating: (1) The time and place the machines will be prepared for the election; and (2) A time at which one (1) representative of each candidate may inspect to see that the machines are in proper condition for use in the election. Acts 1969, No. 465, Art. 12, § 14; A.S.A. 1947, § 3-1214; Acts 1997, No. 446, § 11; 2009, No. 959, § 24.

Before the county board of election commissioners begins the preparation of the machines for any election, it shall publish a notice in a newspaper of general circulation in the county stating:

(1) The time and place the machines will be prepared for the election; and

(2) A time at which one (1) representative of each candidate may inspect to see that the machines are in proper condition for use in the election.

Acts 1969, No. 465, Art. 12, § 14; A.S.A. 1947, § 3-1214; Acts 1997, No. 446, § 11; 2009, No. 959, § 24.
Ark. Code Ann. § 7-6-224 — AR Code / Title 7 / Chapter 6 / Subchapter 2 / Section 7-6-224
Authority of local jurisdictions
Status: in_force

(a) Municipalities, counties, and townships may establish reasonable limitations on: (1) Time periods that candidates for local office shall be allowed to solicit contributions; (2) Limits on contributions to local candidates at amounts lower than those set by state law; and (3) Voluntary campaign expenditure limits for candidates seeking election to their respective governing bodies. (b) Enforcement of any limitation established under subsection (a) of this section is the responsibility of the municipality, county, or township establishing the limitation. Amended by Act 2019, No. 240,§ 6, eff. 7/24/2019. Init. Meas. 1996, No. 1, § 12.

(a) Municipalities, counties, and townships may establish reasonable limitations on: (1) Time periods that candidates for local office shall be allowed to solicit contributions; (2) Limits on contributions to local candidates at amounts lower than those set by state law; and (3) Voluntary campaign expenditure limits for candidates seeking election to their respective governing bodies.

(1) Time periods that candidates for local office shall be allowed to solicit contributions;

(2) Limits on contributions to local candidates at amounts lower than those set by state law; and

(3) Voluntary campaign expenditure limits for candidates seeking election to their respective governing bodies.

(b) Enforcement of any limitation established under subsection (a) of this section is the responsibility of the municipality, county, or township establishing the limitation.

Amended by Act 2019, No. 240,§ 6, eff. 7/24/2019.

Init. Meas. 1996, No. 1, § 12.
Ark. Code Ann. § 7-4-104 — AR Code / Title 7 / Chapter 4 / Subchapter 1 / Section 7-4-104
Lists of county chairs - Notification of vacancies
Status: in_force

(a) (1) It shall be the duty of the majority and minority parties to keep on file with their respective state chair a complete list of all of their respective county chairs. (2) It shall be the duty of the respective county chairs of both the majority and minority parties to keep on file with the Secretary of State a letter stating the name of the county chairs and to notify promptly the Secretary of State of the death, resignation, disqualification, or vacancy in the office of any county chair and of the election of a new chair to fill the vacancy thus created. (b) It shall be the duty of the Secretary of State to keep the letters containing the names of the county chairs of the majority and minority parties as public records open at all times to public inspection. Acts 1969, No. 465, Art. 5, § 5; A.S.A. 1947, § 3-505; Acts 1997, No. 647, § 3; 2001, No. 475, § 1.

(a) (1) It shall be the duty of the majority and minority parties to keep on file with their respective state chair a complete list of all of their respective county chairs. (2) It shall be the duty of the respective county chairs of both the majority and minority parties to keep on file with the Secretary of State a letter stating the name of the county chairs and to notify promptly the Secretary of State of the death, resignation, disqualification, or vacancy in the office of any county chair and of the election of a new chair to fill the vacancy thus created.

(1) It shall be the duty of the majority and minority parties to keep on file with their respective state chair a complete list of all of their respective county chairs.

(2) It shall be the duty of the respective county chairs of both the majority and minority parties to keep on file with the Secretary of State a letter stating the name of the county chairs and to notify promptly the Secretary of State of the death, resignation, disqualification, or vacancy in the office of any county chair and of the election of a new chair to fill the vacancy thus created.

(b) It shall be the duty of the Secretary of State to keep the letters containing the names of the county chairs of the majority and minority parties as public records open at all times to public inspection.

Acts 1969, No. 465, Art. 5, § 5; A.S.A. 1947, § 3-505; Acts 1997, No. 647, § 3; 2001, No. 475, § 1.
Ark. Code Ann. § 7-9-702 — AR Code / Title 7 / Chapter 9 / Subchapter 7 / Section 7-9-702
Delegates to an Article V Convention
Status: in_force

(a) The State of Arkansas shall appoint seven (7) delegates to an Article V Convention as follows: (1) Two (2) members of the Senate appointed by a majority vote of the Senate who are serving at the time of the appointment; (2) Three (3) members of the House of Representatives appointed by a majority vote of the House of Representatives who are serving at the time of the appointment; and (3) Two (2) citizens of the State of Arkansas, selected by the President Pro Tempore of the Senate and the Speaker of the House of Representatives from a list of recommendations made by the Convention of States Arkansas. (b) The State of Arkansas shall appoint three (3) alternate delegates to an Article V Convention as follows: (1) One (1) member of the Senate appointed by a majority vote of the Senate who is serving at the time of the appointment; (2) One (1) member of the House of Representatives appointed by a majority vote of the House of Representatives who is serving at the time of the appointment; and (3) One (1) citizen of the State of Arkansas, selected by the President Pro Tempore of the Senate and the Speaker of the House of Representatives from a list of recommendations made by the Convention of States Arkansas. (c) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall certify the selection of the delegate and alternate delegate by written proclamation and provide a copy of the written proclamation to the: (1) Delegate; (2) Alternate delegate; (3) Secretary of State; and (4) Article V Convention. (d) A person shall not serve as a delegate or an alternate delegate without the written proclamation in his or her name under subsection (c) of this section. (e) An alternate delegate shall: (1) Act in place of a delegate when he or she is absent from the Article V Convention; and (2) Replace a delegate if a delegate vacates the office. (f) A delegate may only be replaced by the entity that selected the delegate initially. (g) In the event an alternate delegate permanently fills the vacancy of a delegate, a new alternate delegate shall be selected by the body which chose the original alternate delegate. (h) Alternate delegates: (1) May participate in caucus meetings of the Arkansas delegation to review and discuss proposed amendments; (2) May attend convention and committee meetings as observers; (3) Shall not speak publicly on the record in any meetings while still in alternate status; and (4) Shall not vote to determine the Arkansas vote on a proposed amendment while they are in alternate status. (i) (1) Delegates and alternate delegates are entitled to receive the same mileage, travel, and per diem expenses as those paid to members of the General Assembly. (2) All necessary expenses shall be paid from funds appropriated by the General Assembly. (3) Delegates and alternate delegates are not eligible for a salary for the performance of these duties. Added by Act 2023, No. 835,§ 1, eff. 8/1/2023.

(a) The State of Arkansas shall appoint seven (7) delegates to an Article V Convention as follows: (1) Two (2) members of the Senate appointed by a majority vote of the Senate who are serving at the time of the appointment; (2) Three (3) members of the House of Representatives appointed by a majority vote of the House of Representatives who are serving at the time of the appointment; and (3) Two (2) citizens of the State of Arkansas, selected by the President Pro Tempore of the Senate and the Speaker of the House of Representatives from a list of recommendations made by the Convention of States Arkansas.

(1) Two (2) members of the Senate appointed by a majority vote of the Senate who are serving at the time of the appointment;

(2) Three (3) members of the House of Representatives appointed by a majority vote of the House of Representatives who are serving at the time of the appointment; and

(3) Two (2) citizens of the State of Arkansas, selected by the President Pro Tempore of the Senate and the Speaker of the House of Representatives from a list of recommendations made by the Convention of States Arkansas.

(b) The State of Arkansas shall appoint three (3) alternate delegates to an Article V Convention as follows: (1) One (1) member of the Senate appointed by a majority vote of the Senate who is serving at the time of the appointment; (2) One (1) member of the House of Representatives appointed by a majority vote of the House of Representatives who is serving at the time of the appointment; and (3) One (1) citizen of the State of Arkansas, selected by the President Pro Tempore of the Senate and the Speaker of the House of Representatives from a list of recommendations made by the Convention of States Arkansas.

(1) One (1) member of the Senate appointed by a majority vote of the Senate who is serving at the time of the appointment;

(2) One (1) member of the House of Representatives appointed by a majority vote of the House of Representatives who is serving at the time of the appointment; and

(3) One (1) citizen of the State of Arkansas, selected by the President Pro Tempore of the Senate and the Speaker of the House of Representatives from a list of recommendations made by the Convention of States Arkansas.

(c) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall certify the selection of the delegate and alternate delegate by written proclamation and provide a copy of the written proclamation to the: (1) Delegate; (2) Alternate delegate; (3) Secretary of State; and (4) Article V Convention.

(1) Delegate;

(2) Alternate delegate;

(3) Secretary of State; and

(4) Article V Convention.

(d) A person shall not serve as a delegate or an alternate delegate without the written proclamation in his or her name under subsection (c) of this section.

(e) An alternate delegate shall: (1) Act in place of a delegate when he or she is absent from the Article V Convention; and (2) Replace a delegate if a delegate vacates the office.

(1) Act in place of a delegate when he or she is absent from the Article V Convention; and

(2) Replace a delegate if a delegate vacates the office.

(f) A delegate may only be replaced by the entity that selected the delegate initially.

(g) In the event an alternate delegate permanently fills the vacancy of a delegate, a new alternate delegate shall be selected by the body which chose the original alternate delegate.

(h) Alternate delegates: (1) May participate in caucus meetings of the Arkansas delegation to review and discuss proposed amendments; (2) May attend convention and committee meetings as observers; (3) Shall not speak publicly on the record in any meetings while still in alternate status; and (4) Shall not vote to determine the Arkansas vote on a proposed amendment while they are in alternate status.

(1) May participate in caucus meetings of the Arkansas delegation to review and discuss proposed amendments;

(2) May attend convention and committee meetings as observers;

(3) Shall not speak publicly on the record in any meetings while still in alternate status; and

(4) Shall not vote to determine the Arkansas vote on a proposed amendment while they are in alternate status.

(i) (1) Delegates and alternate delegates are entitled to receive the same mileage, travel, and per diem expenses as those paid to members of the General Assembly. (2) All necessary expenses shall be paid from funds appropriated by the General Assembly. (3) Delegates and alternate delegates are not eligible for a salary for the performance of these duties.

(1) Delegates and alternate delegates are entitled to receive the same mileage, travel, and per diem expenses as those paid to members of the General Assembly.

(2) All necessary expenses shall be paid from funds appropriated by the General Assembly.

(3) Delegates and alternate delegates are not eligible for a salary for the performance of these duties.

Added by Act 2023, No. 835,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 7-11-201 — AR Code / Title 7 / Chapter 11 / Subchapter 2 / Section 7-11-201
Calling special elections on measures or questions
Status: in_force

All special elections on measures or questions referred to the voters by governmental entities as authorized by law shall be called by proclamation, ordinance, statute, resolution, order, or other authorized document of the properly constituted authority as required by law. Amended by Act 2021, No. 610,§ 9, eff. 1/1/2022. Acts 2009, No. 1480, § 47.

All special elections on measures or questions referred to the voters by governmental entities as authorized by law shall be called by proclamation, ordinance, statute, resolution, order, or other authorized document of the properly constituted authority as required by law.

Amended by Act 2021, No. 610,§ 9, eff. 1/1/2022.

Acts 2009, No. 1480, § 47.
Ark. Code Ann. § 7-5-606 — AR Code / Title 7 / Chapter 5 / Subchapter 6 / Section 7-5-606
Approval of equipment - Specifications
Status: in_force

(a) The State Board of Election Commissioners may promulgate rules for the administration of this subchapter and shall approve the marking devices and electronic vote tabulating devices. (b) (1) Any person or company wishing to exhibit marking devices and electronic vote tabulating devices may file written application with the board and request an opportunity to exhibit and demonstrate devices. (2) The board shall examine the marking device or the electronic vote tabulating device and file a report in the office of the Secretary of State of its accuracy, efficiency, and capacity. (3) If the board shall reject any device, the reasons shall be stated in the report filed with the Secretary of State. (4) Any person or company aggrieved by any finding or ruling of the board may appeal to the Pulaski County Circuit Court within sixty (60) days from the date the report of the board is filed with the Secretary of State. (c) After any device has been approved, it shall not be necessary that it be exhibited and approved again by the board unless there is a change or modification in the device that renders it incapable of marking ballots or tabulating votes in the same method of procedure approved by the board. (d) Marking devices or electronic vote tabulating devices not approved by the board or selected by the Secretary of State may not be used in any lawful election in this state. (e) No marking device or electronic vote tabulating device shall be approved unless it fulfills the requirements of this section and the federal Help America Vote Act of 2002. Amended by Act 2015, No. 1218,§ 16, eff. 7/22/2015. Amended by Act 2015, No. 1218,§ 15, eff. 7/22/2015. Acts 1977, No. 77, § 7; A.S.A. 1947, § 3-1806; Acts 2005, No. 2233, § 38.

(a) The State Board of Election Commissioners may promulgate rules for the administration of this subchapter and shall approve the marking devices and electronic vote tabulating devices.

(b) (1) Any person or company wishing to exhibit marking devices and electronic vote tabulating devices may file written application with the board and request an opportunity to exhibit and demonstrate devices. (2) The board shall examine the marking device or the electronic vote tabulating device and file a report in the office of the Secretary of State of its accuracy, efficiency, and capacity. (3) If the board shall reject any device, the reasons shall be stated in the report filed with the Secretary of State. (4) Any person or company aggrieved by any finding or ruling of the board may appeal to the Pulaski County Circuit Court within sixty (60) days from the date the report of the board is filed with the Secretary of State.

(1) Any person or company wishing to exhibit marking devices and electronic vote tabulating devices may file written application with the board and request an opportunity to exhibit and demonstrate devices.

(2) The board shall examine the marking device or the electronic vote tabulating device and file a report in the office of the Secretary of State of its accuracy, efficiency, and capacity.

(3) If the board shall reject any device, the reasons shall be stated in the report filed with the Secretary of State.

(4) Any person or company aggrieved by any finding or ruling of the board may appeal to the Pulaski County Circuit Court within sixty (60) days from the date the report of the board is filed with the Secretary of State.

(c) After any device has been approved, it shall not be necessary that it be exhibited and approved again by the board unless there is a change or modification in the device that renders it incapable of marking ballots or tabulating votes in the same method of procedure approved by the board.

(d) Marking devices or electronic vote tabulating devices not approved by the board or selected by the Secretary of State may not be used in any lawful election in this state.

(e) No marking device or electronic vote tabulating device shall be approved unless it fulfills the requirements of this section and the federal Help America Vote Act of 2002.

Amended by Act 2015, No. 1218,§ 16, eff. 7/22/2015.

Amended by Act 2015, No. 1218,§ 15, eff. 7/22/2015.

Acts 1977, No. 77, § 7; A.S.A. 1947, § 3-1806; Acts 2005, No. 2233, § 38.
Ark. Code Ann. § 7-5-211 — AR Code / Title 7 / Chapter 5 / Subchapter 2 / Section 7-5-211
Delivery of election supplies
Status: in_force

(a) At least one (1) day before any election: (1) (A) The county board of election commissioners shall designate a suitable person or persons and deliver to the person or persons the ballots. (B) The person shall not be an elected official, an elected official's deputy, or a candidate for office; and (2) For each set of poll workers in each polling place, the county board of election commissioners shall deliver to the designated person or persons the following additional election supplies if applicable: (A) A good and sufficient ballot box with numbered seals; (B) Sufficient list-of-voters forms adequate to record the names of all registered voters who appear to vote in the polling place; (C) A precinct voter registration list; (D) Sufficient tally sheets; (E) Envelopes to seal the ballots and certificates; (F) Separate sheets containing blank forms of certificates prepared to enable the poll workers to properly certify the paper ballot count at the polling site, upon which certificates shall be endorsed a blank form of oath to be taken by the poll workers before entering upon the discharge of their duties; (G) Voter registration application forms for voters using fail-safe voting and other record-keeping supplies necessary to document fail-safe voting procedures; and (H) In those counties in which an optical scanner is used to count paper ballots, the marking instrument recommended by the manufacturer of the optical scanner for proper marking on the ballots shall be provided. (b) The county board of election commissioners shall be responsible for the security of the delivered election materials. (c) The county board of election commissioners shall be responsible for providing ballots and election materials for absentee and early voting to the county clerk before the beginning day for absentee and early voting. Acts 1969, No. 465, Art. 6, § 11; 1973, No. 157, § 8; A.S.A. 1947, § 3-611; Acts 1995, No. 601, § 2; 1995, No. 946, § 3; 1995, No. 963, § 3; 1997, No. 451, § 15; 1999, No. 920, § 1; 2001, No. 1178, § 1; 2007, No. 1020, § 4; 2009, No. 959, § 7; 2009, No. 1480, § 23.

(a) At least one (1) day before any election: (1) (A) The county board of election commissioners shall designate a suitable person or persons and deliver to the person or persons the ballots. (B) The person shall not be an elected official, an elected official's deputy, or a candidate for office; and (2) For each set of poll workers in each polling place, the county board of election commissioners shall deliver to the designated person or persons the following additional election supplies if applicable: (A) A good and sufficient ballot box with numbered seals; (B) Sufficient list-of-voters forms adequate to record the names of all registered voters who appear to vote in the polling place; (C) A precinct voter registration list; (D) Sufficient tally sheets; (E) Envelopes to seal the ballots and certificates; (F) Separate sheets containing blank forms of certificates prepared to enable the poll workers to properly certify the paper ballot count at the polling site, upon which certificates shall be endorsed a blank form of oath to be taken by the poll workers before entering upon the discharge of their duties; (G) Voter registration application forms for voters using fail-safe voting and other record-keeping supplies necessary to document fail-safe voting procedures; and (H) In those counties in which an optical scanner is used to count paper ballots, the marking instrument recommended by the manufacturer of the optical scanner for proper marking on the ballots shall be provided.

(1) (A) The county board of election commissioners shall designate a suitable person or persons and deliver to the person or persons the ballots. (B) The person shall not be an elected official, an elected official's deputy, or a candidate for office; and

(A) The county board of election commissioners shall designate a suitable person or persons and deliver to the person or persons the ballots.

(B) The person shall not be an elected official, an elected official's deputy, or a candidate for office; and

(2) For each set of poll workers in each polling place, the county board of election commissioners shall deliver to the designated person or persons the following additional election supplies if applicable: (A) A good and sufficient ballot box with numbered seals; (B) Sufficient list-of-voters forms adequate to record the names of all registered voters who appear to vote in the polling place; (C) A precinct voter registration list; (D) Sufficient tally sheets; (E) Envelopes to seal the ballots and certificates; (F) Separate sheets containing blank forms of certificates prepared to enable the poll workers to properly certify the paper ballot count at the polling site, upon which certificates shall be endorsed a blank form of oath to be taken by the poll workers before entering upon the discharge of their duties; (G) Voter registration application forms for voters using fail-safe voting and other record-keeping supplies necessary to document fail-safe voting procedures; and (H) In those counties in which an optical scanner is used to count paper ballots, the marking instrument recommended by the manufacturer of the optical scanner for proper marking on the ballots shall be provided.

(A) A good and sufficient ballot box with numbered seals;

(B) Sufficient list-of-voters forms adequate to record the names of all registered voters who appear to vote in the polling place;

(C) A precinct voter registration list;

(D) Sufficient tally sheets;

(E) Envelopes to seal the ballots and certificates;

(F) Separate sheets containing blank forms of certificates prepared to enable the poll workers to properly certify the paper ballot count at the polling site, upon which certificates shall be endorsed a blank form of oath to be taken by the poll workers before entering upon the discharge of their duties;

(G) Voter registration application forms for voters using fail-safe voting and other record-keeping supplies necessary to document fail-safe voting procedures; and

(H) In those counties in which an optical scanner is used to count paper ballots, the marking instrument recommended by the manufacturer of the optical scanner for proper marking on the ballots shall be provided.

(b) The county board of election commissioners shall be responsible for the security of the delivered election materials.

(c) The county board of election commissioners shall be responsible for providing ballots and election materials for absentee and early voting to the county clerk before the beginning day for absentee and early voting.

Acts 1969, No. 465, Art. 6, § 11; 1973, No. 157, § 8; A.S.A. 1947, § 3-611; Acts 1995, No. 601, § 2; 1995, No. 946, § 3; 1995, No. 963, § 3; 1997, No. 451, § 15; 1999, No. 920, § 1; 2001, No. 1178, § 1; 2007, No. 1020, § 4; 2009, No. 959, § 7; 2009, No. 1480, § 23.
Ark. Code Ann. § 7-5-517 — AR Code / Title 7 / Chapter 5 / Subchapter 5 / Section 7-5-517
Securing machines - Certification
Status: in_force

(a) When a voting machine has been properly prepared by the county board of election commissioners and examined by the representatives of the candidates or the candidate himself or herself, it shall be made inaccessible to voting. (b) (1) Any device required to activate the machine shall be placed in a package on which shall be written the serial number and the precinct location of the voting machine and the number registered on the device. (2) The package shall be sealed in the presence of the representatives of the candidates or the candidates themselves. (c) The county board of election commissioners shall then certify, in the presence of the candidates or their representatives, the serial numbers of the machines, and that all question counters are set at zero (000). (d) An activation device required for voting on the voting machines shall be kept by the county board of election commissioners until turned over for delivery to the election officials with the election equipment at the polling site for election day. Amended by Act 2015, No. 1218,§ 10, eff. 7/22/2015. Acts 1969, No. 465, Art. 12, § 15; A.S.A. 1947, § 3-1215; Acts 1997, No. 446, § 12; 2005, No. 2233, § 21.

(a) When a voting machine has been properly prepared by the county board of election commissioners and examined by the representatives of the candidates or the candidate himself or herself, it shall be made inaccessible to voting.

(b) (1) Any device required to activate the machine shall be placed in a package on which shall be written the serial number and the precinct location of the voting machine and the number registered on the device. (2) The package shall be sealed in the presence of the representatives of the candidates or the candidates themselves.

(1) Any device required to activate the machine shall be placed in a package on which shall be written the serial number and the precinct location of the voting machine and the number registered on the device.

(2) The package shall be sealed in the presence of the representatives of the candidates or the candidates themselves.

(c) The county board of election commissioners shall then certify, in the presence of the candidates or their representatives, the serial numbers of the machines, and that all question counters are set at zero (000).

(d) An activation device required for voting on the voting machines shall be kept by the county board of election commissioners until turned over for delivery to the election officials with the election equipment at the polling site for election day.

Amended by Act 2015, No. 1218,§ 10, eff. 7/22/2015.

Acts 1969, No. 465, Art. 12, § 15; A.S.A. 1947, § 3-1215; Acts 1997, No. 446, § 12; 2005, No. 2233, § 21.
Ark. Code Ann. § 7-5-703 — AR Code / Title 7 / Chapter 5 / Subchapter 7 / Section 7-5-703
Votes for United States Congress - Tie vote
Status: in_force

(a) It shall be the duty of the Secretary of State, in the presence of the Governor, within thirty (30) days after the time allowed to make returns of election by the county board of election commissioners, or sooner, if all the returns have been received, to cast up and arrange the votes from the several counties, or such of them as may have made returns, for each person voted for as United States Senator or United States Representative. (b) The Governor shall immediately thereafter issue his or her proclamation declaring the person having the greatest number of legal votes to be duly elected to represent this state in the United States Senate or the United States House of Representatives and shall grant a certificate thereof, under the seal of the state, to the person so elected. (c) (1) Should any two (2) or more persons have an equal number of votes, and a higher number than any other person, the names of the two (2) candidates receiving the highest number of votes for United States Senator or United States Representative shall be certified to a special runoff election which shall be held four (4) weeks from the day on which the general election is held. (2) The special runoff election shall be conducted in the same manner as is provided by law, and the election results shall be canvassed and certified in the manner provided by law. Amended by Act 2017, No. 1104,§ 3, eff. 8/1/2017. Acts 1969, No. 465, Art. 8, §§ 3, 4; 1971, No. 261, §§ 15, 16; A.S.A. 1947, §§ 3-803, 3-804; Acts 1997, No. 446, § 34.

(a) It shall be the duty of the Secretary of State, in the presence of the Governor, within thirty (30) days after the time allowed to make returns of election by the county board of election commissioners, or sooner, if all the returns have been received, to cast up and arrange the votes from the several counties, or such of them as may have made returns, for each person voted for as United States Senator or United States Representative.

(b) The Governor shall immediately thereafter issue his or her proclamation declaring the person having the greatest number of legal votes to be duly elected to represent this state in the United States Senate or the United States House of Representatives and shall grant a certificate thereof, under the seal of the state, to the person so elected.

(c) (1) Should any two (2) or more persons have an equal number of votes, and a higher number than any other person, the names of the two (2) candidates receiving the highest number of votes for United States Senator or United States Representative shall be certified to a special runoff election which shall be held four (4) weeks from the day on which the general election is held. (2) The special runoff election shall be conducted in the same manner as is provided by law, and the election results shall be canvassed and certified in the manner provided by law.

(1) Should any two (2) or more persons have an equal number of votes, and a higher number than any other person, the names of the two (2) candidates receiving the highest number of votes for United States Senator or United States Representative shall be certified to a special runoff election which shall be held four (4) weeks from the day on which the general election is held.

(2) The special runoff election shall be conducted in the same manner as is provided by law, and the election results shall be canvassed and certified in the manner provided by law.

Amended by Act 2017, No. 1104,§ 3, eff. 8/1/2017.

Acts 1969, No. 465, Art. 8, §§ 3, 4; 1971, No. 261, §§ 15, 16; A.S.A. 1947, §§ 3-803, 3-804; Acts 1997, No. 446, § 34.
Ark. Code Ann. § 7-5-807 — AR Code / Title 7 / Chapter 5 / Subchapter 8 / Section 7-5-807
Election illegalities - Complaint - Grand jury investigation - Indictment - Trial
Status: in_force

(a) If ten (10) reputable citizens of any county shall file a complaint with the circuit judge within twenty (20) days after any election alleging that illegal or fraudulent votes were cast, that fraudulent returns or certifications were made, or that the Political Practices Act was violated, the circuit judge, if in his or her opinion there is good ground to believe the charges to be true, shall convene a special term at once unless the regular term is in session or will convene within thirty (30) days. (b) If the charges come in a regular term, the judge shall specially charge the grand jury as to them. (c) Should a special term be called, it shall in all respects be as if convened by law. The circuit judge shall cause to be summoned grand and petit jurors, either on lists selected by the sheriff or by disinterested persons selected by him or her for that purpose, according to his or her opinion as to the best method to select unbiased jurors. (d) Should indictments be returned, either at a special or regular term, for violating the general, primary, or special election laws, the defendants shall be given a speedy trial at the term, and the court may adjourn terms of other courts in order that they may be tried, unless for good cause shown or in the interests of justice a continuance or change of venue is granted. No change of venue shall be granted in such cases except after a hearing and a finding by the court that the defendant cannot obtain a fair and impartial trial in the district of the county where the indictment is pending. Amended by Act 2017, No. 600,§ 2, eff. 8/1/2017. Acts 1969, No. 465, Art. 10, § 5; A.S.A. 1947, § 3-1005.

(a) If ten (10) reputable citizens of any county shall file a complaint with the circuit judge within twenty (20) days after any election alleging that illegal or fraudulent votes were cast, that fraudulent returns or certifications were made, or that the Political Practices Act was violated, the circuit judge, if in his or her opinion there is good ground to believe the charges to be true, shall convene a special term at once unless the regular term is in session or will convene within thirty (30) days.

(b) If the charges come in a regular term, the judge shall specially charge the grand jury as to them.

(c) Should a special term be called, it shall in all respects be as if convened by law. The circuit judge shall cause to be summoned grand and petit jurors, either on lists selected by the sheriff or by disinterested persons selected by him or her for that purpose, according to his or her opinion as to the best method to select unbiased jurors.

(d) Should indictments be returned, either at a special or regular term, for violating the general, primary, or special election laws, the defendants shall be given a speedy trial at the term, and the court may adjourn terms of other courts in order that they may be tried, unless for good cause shown or in the interests of justice a continuance or change of venue is granted. No change of venue shall be granted in such cases except after a hearing and a finding by the court that the defendant cannot obtain a fair and impartial trial in the district of the county where the indictment is pending.

Amended by Act 2017, No. 600,§ 2, eff. 8/1/2017.

Acts 1969, No. 465, Art. 10, § 5; A.S.A. 1947, § 3-1005.