Arkansas Administrative Code › Agency 108 - BOARD OF ELECTION COMMISSIONERS › Rule 108.00.22-002 - Rules of Procedure for Citizen Complaints Regarding Violations of State Election and Voter Registration Laws

Current through Register Vol. 49, No. 6, June, 2024
Scope of Rules
These rules set forth the procedures for providing uniform and
			 nondiscriminatory resolution of any complaint alleging a violation of election
			 and voter registration laws under the jurisdiction of the State Board of
			 Election Commissioners in accordance with Arkansas Code Annotated §
							7-4-120.
§ 601
Definitions
(a)
"Complainant"
means any person who files a complaint
		  with the State Board of Election Commissioners, hereinafter referred to as the
		  "State Board," alleging that a violation of any election or voter registration
		  law under the State Board of Election Commissioners' jurisdiction has
		  occurred.
(b)
"Dismissed"
means a resolution to an allegation within
		  a complaint in which the allegation is resolved without the imposition of a
		  statutory sanction.
(c)
"Election laws"
includes provisions of law from the
		  following sources which concern elections conducted by county boards of
		  election commissioners in conjunction with the county clerk:
(1) The Constitution of the United
		  States;
(2) The Constitution of the
		  State of Arkansas;
(3) Statutory
		  provisions enacted by the United States or the State of Arkansas;
(4) Final court decisions of general
		  applicability in State or Federal Court; and
(5) Rules promulgated by the United States or
		  the State of Arkansas
(d)
Election Official
- a person who is a member of the
		  county board of election commissioners, a person who performs election
		  coordinator duties, a person who is a poll worker designated by a county board
		  of election commissioners to be an election clerk, election judge, or election
		  sheriff, or a deputy county clerk or a person assigned by a county clerk to
		  conduct early voting.
(2) Election Official -
		  includes a person who serves as:
(A) A member
		  of the county board of election commissioners;
(B) A person who is appointed by the county
		  board of election commissioners to serve as:
(i) an election coordinator;
(ii) a person appointed to perform tasks
		  related to the election which require the handling of ballots or other election
		  materials or equipment;
(iii) an
		  election clerk;
(iv) an election
		  judge;
(v) an election sheriff;
		  or
(vi) an absentee ballot clerk;
		  or
(C) A person assigned
		  by a county clerk to conduct early voting administered by the county
		  clerk.
(e)
"Federal election cycle"
under this rule means the
		  preferential primary, general primary, general election, and general election
		  runoff.
(f)
"Frivolous"
means clearly lacking any basis in fact or
		  law.
(g)
"HAVA"
is the federal Help America Vote Act of 2002
		  that established the Election Assistance Commission to assist in the
		  administration of federal elections and allocated federal funds to states for
		  election administration improvements, including replacing punch card and lever
		  voting machines, improving accessibility for voters with disabilities,
		  implementing a statewide voter registration system, voter and election official
		  training, and other improvements.
(h)
"Institute Corrective
		  Actions"
- A resolution to a complaint in which the State Board of
		  Election Commissioners directs the respondent to take an action or to refrain
		  from an action so as to cause the respondent to comply with the requirements of
		  an election or voter registration law or to prevent the violation of an
		  election or voter registration law in the future.
(i)
"Letter of
		  Caution"
means a written disposition of an allegation against any
		  person which is advisory in nature, clearly giving notice to the respondent
		  that his or her action or lack of action is a violation of law.
(j)
"Letter of
		  Instruction"
means a written disposition of a complaint of an
		  allegation against an election official or county clerk issued in furtherance
		  of the State Board of Election Commissioner's responsibility to provide
		  training for election officials. A letter of instruction may be issued when the
		  State Board lacks authority to adjudicate a complaint, when the board makes no
		  finding that an election law violation occurred, or when the board determines
		  that a letter of instruction is preferable to a statutory sanction.
(k)
"Letter of
		  Reprimand"
means a written disposition of an allegation against
		  any person which is condemnatory in nature, clearly giving notice to the
		  respondent that his or her action or lack of action is a violation of the law.
		  The reprimand will require the respondent to refrain from engaging in the same
		  activity again. A reprimand shall be considered more severe than a caution or
		  warning.
(l)
"Letter of
		  Warning"
means a written disposition of an allegation against any
		  person which is condemnatory in nature, expressing strong disapproval for the
		  respondent's misconduct and expressing the view that the misconduct undermines
		  public confidence in the integrity of the election process.
(m)
"Public Hearing"
means a hearing on a complaint by the State Board, open to the public, to
		  adjudicate a complaint.
(n)
"Refer to the Proper Authority"
means to dismiss from
		  the administrative process and to forward all information relating to the
		  complaint to another law enforcement entity when the SBEC determines that the
		  available information indicates a violation of a criminal law or of a civil law
		  enforced by another agency and the allegations either do not fall within the
		  jurisdiction of the SBEC or further administrative action may damage a future
		  criminal case.
(o)
"Respondent"
means any person whose actions are
		  asserted, in a complaint filed with the State Board, to be in violation of any
		  election or voter registration law under the board's jurisdiction.
(p)
"Statutory
		  Sanction"
means a letter of caution, warning, or reprimand, a
		  corrective action, a decertification, direct administration of a county's
		  election, or a fine that can be imposed pursuant to the State Board's statutory
		  authority to sanction violations of election and voter registration
		  laws.
(q)
"Voter
		  registration laws"
includes provisions of law from the following
		  sources which concern voter registration:
(1)
		  The Constitution of the United States;
(2) The Constitution of the State of
		  Arkansas;
(3) Statutory provisions
		  enacted by the United States or the State of Arkansas;
(4) Final court decisions of general
		  applicability in State or Federal Court; and
(5) Rules promulgated by the United States or
		  the State of Arkansas.