Arkansas Administrative Code › Agency 108 - BOARD OF ELECTION COMMISSIONERS › Rule 108.00.17-003 - Rule 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.
§ 600
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)
"Election laws"
means the Arkansas statutes concerning elections conducted by county boards of
		  election commissioners and the rules promulgated by the State Board of Election
		  Commissioners under §
								7-4-101
		  concerning elections conducted by county boards of election
		  commissioners1.
(c)
"Frivolous"
means clearly lacking any basis in fact or
		  law.2
(d)
"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.
(e)
"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.
(f)
"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.
(g)
"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.
(h)
"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.
(j)
"Public
		  Hearing"
means a hearing on a complaint by the State Board, open
		  to the public, to adjudicate a complaint.
(k)
"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.
(l)
"Statutory Sanction"
means a letter of caution,
		  warning, or reprimand, or a fine that can be imposed pursuant to the State
		  Board's statutory authority to sanction violations of election and voter
		  registration laws.
(m)
"Voter registration laws"
means those laws under
		  Arkansas Constitution, Amendment 51 and the rules promulgated pursuant to
		  Arkansas Constitution, Amendment 51.3