Arkansas Administrative Code › Agency 108 - BOARD OF ELECTION COMMISSIONERS › Rule 108.00.13-006 - Rules for Appointment of Certified Election Monitors

Current through Register Vol. 49, No. 6, June, 2024
Scope of Rules
Pursuant to Arkansas Code Annotated §
							7-4-101,
			 the State Board of Election Commissioners (State Board) has the duty to appoint
			 at least one certified election monitor from each congressional district and
			 the authority to appoint a monitor to any county upon a signed, written request
			 under oath filed with the State Board and a determination by the State Board
			 that appointing a monitor is necessary. Certified election monitors serve as
			 observers and report to the State Board on the conduct of the election. The
			 State Board may allow for reasonable compensation of certified election
			 monitors assigned to a county by the State
			 Board.1
These rules set forth the procedures for appointing, certifying
			 and compensating certified election monitors, and set out the duties of
			 monitors. These rules are in addition to and not a substitute for the laws of
			 the state of Arkansas.
§ 1001
Requests for Monitors
Any person alleging a violation of any election law under the
			 investigative jurisdiction of the State Board may request appointment of a
			 certified election monitor.
The request for appointment of a certified election monitor must
			 be in writing and signed under oath by the requestor (see Attachment "A" for a
			 sample format of a request for appointment of a certified election
			 monitor).
The request must clearly state the specific alleged election
			 irregularities or illegalities, when and where the alleged activity occurred,
			 and provide any supporting facts surrounding the allegations.
All requests for monitors received within seven (7) calendar days
			 of the beginning date for early voting or election day, will be processed only
			 if exceptional circumstances are shown that prevented an earlier filing of the
			 request with the State Board.
§
		  1002
Processing Requests for Monitors
Upon receipt by the State Board of a request for appointment of a
			 certified election monitor, the Director shall determine if the request meets
			 all requirements as set forth in §
								1001.
If the request does not meet all requirements set forth in §
								1001, the Requestor will be
			 advised of such in writing.
If the Director determines that the request meets all
			 requirements set forth in § 1001, the request for appointment of a
			 certified election monitor will be fulfilled based upon the availability of
			 certified election monitors and upon approval by the State Board.
§ 1003
Qualifications
		  of Election Monitors
Election monitors certified and appointed by the State Board
			 shall be qualified electors of this state, able to read and write the English
			 language, and shall not have been found guilty or pled guilty or nolo
			 contendere to the violation of any election law of this state. No election
			 monitor shall be a paid employee of any political party, a paid employee of any
			 person running for any office, married to or related within the second degree
			 of consanguinity to any candidate running for office in the current election,
			 related by marriage to any candidate running for office in the current election
			 or a candidate for any office to be filled at any election while serving as a
			 monitor.
However, the Director may waive the qualifications that an
			 election monitor may not be married to or related within the second degree of
			 consanguinity to any candidate running for office in the current election, or
			 related by marriage to any candidate running for office in the current election
			 if the Director makes a determination in writing that the disqualifying person
			 is not on the ballot in the county to be monitored and that there are no other
			 factors relating to the relationship that would affect the election monitor's
			 ability to fairly and accurately observe and report on the election in an
			 impartial manner.
§
		  1004
Certification of Election Monitors
No person may serve as an election monitor without prior
			 training, approval, and certification by the State Board. The executed
			 "Authorization to Serve as a Certified Election Monitor for the State Board of
			 Election Commissioners" form (Attachment "B") must be presented to the chief
			 election official at the polling or counting location and shall serve as
			 confirmation of certification by the State Board.
The Director shall determine the dates and times of training and
			 the types of training that election monitors must complete.
§ 1005
Duties of Election
		  Monitors
Certified election monitors shall:
* Maintain strict impartiality in the conduct of duties and at no
			 time express any bias or preference in relation to parties, candidates, or any
			 issues in the election process,
* Undertake duties in an unobtrusive manner and not interfere
			 with the election process, polling day procedures, or the vote count,
* Carry documentation prescribed and issued by the Director and
			 present documentation to any election official or law enforcement officer upon
			 request,
* Not display or wear any partisan symbols, colors, or
			 banners,
* Base all observations on well documented, factual, and
			 verifiable evidence,
* Refrain from making any comments about observations to the
			 media or any other interested persons and limit all remarks to general
			 information about the nature of the activity as an observer, and
* Prepare a post-election report for submission to the State
			 Board in a form prescribed by the Director.
§ 1006
Compensation and Expense
		  Reimbursement
Each certified election monitor shall receive for the services
			 listed herein under "Duties of Election Monitors" the sum of not more than one
			 hundred dollars ($100.00) per day, plus travel reimbursement at the rate
			 prescribed for state employees in state travel regulations. No other
			 compensation may be paid.
Reimbursement for mileage, meals, and/or overnight lodging may be
			 paid only with advance approval of the director and in accordance with rules
			 for reimbursement for state employees promulgated by the Department of Finance
			 and Administration.
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1A.C.A. §
								7-4-101(f)(6)
			 as amended by Act 1456 of 2013