Arkansas Administrative Code › Agency 108 - BOARD OF ELECTION COMMISSIONERS › Rule 108.00.22-005 - 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.
§ 1101
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, 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.