Arkansas Administrative Code › Agency 108 - BOARD OF ELECTION COMMISSIONERS › Rule 108.00.15-010 - Rules of Practice and Procedure

Current through Register Vol. 49, No. 6, June, 2024
Scope of Rules
These rules set forth a general description of the State Board of
			 Election Commissioners stating the general course and method of the board's
			 operations and the nature and requirements of the board's formal and informal
			 procedures pursuant to A.C.A. §
							25-15-203.
These rules also set forth the procedure for the filing and
			 disposition of petitions for declaratory orders as to the applicability of any
			 rule, statute, or order enforced by the board pursuant to A.C.A. §
							25-15-206.
			 These rules are in addition to and not a substitute for the laws of the State
			 of Arkansas.
§ 1100
Board
		  Organization
(1) The State Board of
		  Election Commissioners is an agency of the state government composed of seven
		  appointed commissioners and a staff. The entities who appoint board members,
		  the qualifications of board members, the terms of board members, and other
		  duties and responsibilities of the board are set out in A.C.A. §
								7-4-101.
(2) The legislature has empowered the board
		  to enforce election laws and voter registration laws, and has delegated to the
		  board the authority to promulgate rules to assure even and consistent
		  application of voter registration laws and fair and orderly election
		  procedures. The board also develops resources to educate and assist candidates
		  and county election administrators, develops specialized training programs,
		  conducts and coordinates statewide training of county election commissioners
		  and election officials, monitors compliance by local election authorities with
		  federal and state election laws, investigates complaints of alleged election
		  misconduct and election law violations, and distributes funds to the counties
		  for state-supported political party primary elections, nonpartisan general
		  elections, special primary elections, and statewide special
		  elections.
(3) The Secretary of
		  State is the chair and secretary of the board. The chair or a person designated
		  by the chair conducts meetings of the board. The chair's designee is the
		  chair's proxy and counts toward a quorum to conduct business and may vote in
		  the meeting. [A.C.A. §
								7-4-101(e)(4)
		  ]
(4) The board may form such
		  committees or subcommittees as it deems necessary and/or appropriate to
		  accomplish its legal aims and statutory purposes. The board may appoint one or
		  more of its members to an unofficial committee or subcommittee and may invite
		  non-board members to participate as unofficial committee or subcommittee
		  members.
(5) At any meeting of the
		  board, four (4) members constitute a quorum whether in person or by electronic
		  or telephonic means.
(6) A majority
		  of the members of the board present shall vote on any matter before the board
		  for any decision of the board to become effective. However, no sanctions for
		  violations of election laws or voter registration laws may be imposed without
		  the affirmative vote of at least four members. [A.C.A. §
								7-4-101(e)(3)
		  ]
(7) The following matters shall
		  be by motion, followed by a second, in order for a vote of the board to be
		  valid:
a. All matters requiring affirmative
		  action by the full board or one of its members;
b. All decisions on public positions taken by
		  the full board;
c. All decisions on
		  declaratory orders; and
d. All
		  decisions regarding findings of fact and conclusions of law or other actions
		  regarding a person accused of violating the board's regulations or laws under
		  the board's jurisdiction.
(8) The board may by majority vote delegate
		  the execution of any official duty or action to its chair, one of the other
		  members, or the director.
(9) A
		  vacancy on the board shall not impair the right of the board to exercise its
		  statutory powers and authority, subject to the requirement that a quorum be
		  present and participating before any action of the board shall be considered
		  valid.