§ Ark. Code § 7-4-120Complaints of election law violations — Definitions

(a)(1) Except as provided in subdivision (a)(2) of this section, the State Board of Election
Commissioners may investigate alleged violations, render findings, institute corrective actions,
and impose sanctions according to this subchapter for violations of election and voter registration
laws.
(2) The State Board of Election Commissioners shall not investigate alleged violations, render
findings, or impose sanctions concerning violations of:
(A) The provisions of § 7-1-103(a)(1)-(4), (6), and (7); or
(B) Campaign finance and disclosure laws for which the Arkansas Ethics Commission has
the duty and authority to investigate and sanction under §§ 7-6-217 and 7-6-218.
(b)(1)(A) A complaint shall be filed with the State Board of Election Commissioners in writing
no earlier than forty-nine (49) days prior to the date of the election and no later than forty-nine
(49) days following the date of the election of the following:
(i) An alleged violation of the laws regarding elections including without limitation:
(a) Voter registration;
(b) Requests for absentee ballots;
(c) Delivery of absentee ballots;
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7-4-120
(d) Casting of ballots;
(e) Ballot tabulation;
(f) Certification of election results;
(g) Administration of an election;
(h) Election processes; or
(i) Conduct of an election; or
(ii) The election or elections affected or associated with the complaint.
(B) A complaint may be referred to the State Board of Election Commissioners by the Joint
Performance Review Committee and is not subject to the filing requirement under this
subdivision (b)(1).
(C) The State Board of Election Commissioners may file a complaint within three (3) years
following the alleged violation of an election law or voter registration law if the alleged
violation:
(i) Relates to a felony criminal provision of election law;
(ii) Relates to a felony criminal provision of voter registration law; or
(iii) Affects the accuracy of a certified election result.
(2)(A) A complaint shall be signed by the complainant under penalty of perjury.
(B) If a complaint is referred to the State Board of Election Commissioners by the Joint
Performance Review Committee under subdivision (b)(1)(C) of this section, the Chair of the
Joint Performance Review Committee shall be the complainant.
(3)(A) A complaint shall clearly:
(i) Describe the alleged violation, including without limitation the supporting facts for the
violation or incident;
(ii) State when or the approximate date that the alleged violation or incident occurred; and
(iii) State the location or locations of the alleged violation or incident.
(B)(i) The complaint may specify, suggest, or recommend a desired resolution to the
complaint.
(ii) If the complaint is timely filed but does not specify the desired resolution of the
complainant:
(a) The State Board of Election Commissioners may:
(1) Notify the complainant that a desired resolution is not specified;
(2) Inform the complainant that other formal or informal resolutions may be appropriate;
and
(3) Inform the complainant that the State Board of Election Commissioners may initiate a
lawful resolution, correction, or remedy as the State Board of Election Commissioners deems
appropriate; and
(b) The complainant may file the additional information within ten (10) days from mailing
of the notice.
(4)(A) If a complaint alleges a violation of election law or voter registration law but does not
otherwise meet the requirements of this section, the complainant shall be notified that the
complaint may be corrected by amendment in writing within ten (10) days and that a failure
to make the necessary corrections shall result in the complaint’s being dismissed.
(B) If a complaint is dismissed because it does not meet the requirements of this section, the
State Board of Election Commissioners shall notify the complainant of the fact of dismissal.
(5) A person shall not file a frivolous complaint.
(6) If the complaint is referred to the State Board of Election Commissioners by the Joint
Performance Review Committee, the complaint shall include:
(A) A report of the findings of the Joint Performance Review Committee, including any
hearing testimony the Joint Performance Review Committee believes relevant; and
(B) The recommendations of the Joint Performance Review Committee that may be
submitted to the State Board of Election Commissioners, including without limitation a
recommendation:
(i) For a letter of reprimand to an election official;
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(ii) For decertification as an election official in the next election cycle, including all
associated primary and runoff elections;
(iii) That the State Board of Election Commissioners take over and conduct elections in the
county in question if the violation or violations are considered severe by the Joint Performance
Review Committee and would threaten a county’s ability to conduct an equal, free, and
impartial election, or the appearance of an equal, free, and impartial election; or
(iv) That state turnback funds be withheld from a county when the State Board of Election
Commissioners conducts an election on behalf of a county and the county refuses to reimburse
the State Board of Election Commissioners for expenses incurred.
(7)(A) If a complaint is filed as required by this section, the State Board of Election
Commissioners shall investigate the alleged violation and notify the Election Integrity Unit to
enter the complaint into the Arkansas Election Integrity Database.
(B) If at the conclusion of the investigation, the State Board of Election Commissioners finds
that there is probable cause to believe there has been a criminal violation of the voter
registration laws or election laws, the State Board of Election Commissioners may forward the
complaint to the prosecuting attorney for criminal prosecution.
(C) Immediately upon beginning an investigation under this section, the State Board of
Election Commissioners shall notify the person or persons under investigation of the fact of the
investigation and the nature of the investigation.
(D) If at the conclusion of the investigation, the State Board of Election Commissioners finds
that there is probable cause to believe there has been a violation of the voter registration laws
or election laws, and the complaint has not been referred to the prosecuting attorney, the State
Board of Election Commissioners may set a public hearing.
(c)(1) The State Board of Election Commissioners shall maintain a record of all inquiries,
investigations, and proceedings.
(2) Except as provided in subdivisions (c)(3) and (4) of this section, records under this section
are exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.,
until:
(A) Thirty (30) days after the final adjudication at which the State Board of Election
Commissioners makes a final decision, at which point the records of the investigation upon
which the State Board of Election Commissioners has based its findings shall be opened to
public inspection; or
(B) A public hearing before the State Board of Election Commissioners is set.
(3) The State Board of Election Commissioners may disclose, through its members or staff,
otherwise confidential information to proper law enforcement officers, agencies, and other
entities as is necessary to conduct the investigation under this section.
(4) Election monitor reports generated by a state election monitor are not subject to the
exemptions under this subsection.
(d)(1) If the State Board of Election Commissioners determines that the complaint can be
addressed through documentary submissions and without a formal investigation, the State
Board of Election Commissioners may address the complaint with documentary submissions.
(2) If the State Board of Election Commissioners determines that an investigation is
necessary, the State Board of Election Commissioners shall provide to the person who is the
subject of the complaint:
(A) A copy of the complaint if a copy has not previously been provided; and
(B) Instructions for filing a response.
(3) The State Board of Election Commissioners may:
(A) Administer oaths for the purpose of taking sworn statements from witnesses in the
course of its investigations;
(B) Request the person who is the subject of the complaint to answer allegations in writing,
produce relevant evidence, or appear in person before the State Board of Election Commissioners; and
(C)(i) Subpoena any person or the books, records, or other documents relevant to the
investigation or inquiry.
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7-4-120
(ii) The subpoena may direct any law enforcement officer of the county concerned or the
Director of the Division of Arkansas State Police to seize any public record that is withheld.
(4) The State Board of Election Commissioners shall:
(A) Provide the person subpoenaed with reasonable notice of the subpoena and an opportunity to respond; and
(B) Advise the complainant and the person who is the subject of the complaint in writing of
the final action of the State Board of Election Commissioners.
(e) If the State Board of Election Commissioners finds a violation of the voter registration laws
or election laws under its jurisdiction, the State Board of Election Commissioners may:
(1) Issue a public letter of caution, warning, reprimand, or a conditional warning of consequences that shall be imposed if corrective action is not completed;
(2) Impose a fine of no less than twenty-five dollars ($25.00) and no more than one thousand
dollars ($1,000) for a negligent, knowing, or intentional violation;
(3) Report the information obtained in the investigation and the findings and determinations
of the State Board of Election Commissioners to the appropriate law enforcement authorities;
(4) Make expenditures and order payment of the costs of the investigation and hearing;
(5) Decertify an election official from appointment as an election official;
(6) Issue an order that the State Board of Election Commissioners shall take over and conduct
elections in the county in question if the violation is considered severe by the State Board of
Election Commissioners and would threaten either a county’s ability to conduct an equal, free,
and impartial election, or the appearance of an equal, free, and impartial election; or
(7) Combine any two (2) or more of the actions or sanctions authorized under this section.
(f) The State Board of Election Commissioners shall advise the complainant and the person
who is the subject of the complaint of the:
(1) Finding of the State Board of Election Commissioners;
(2) Final action taken and sanctions issued by the State Board of Election Commissioners
against a person associated with the complaint and a response thereto; and
(3) Reasons for the findings, final actions, and sanctions.
(g) The State Board of Election Commissioners shall maintain a record of all inquiries,
investigations, and proceedings.
(h)(1) The State Board of Election Commissioners shall adopt rules concerning the imposition
of fines under this section.
(2) If a person fails to pay the fines ordered by the State Board of Election Commissioners
under this section, the State Board of Election Commissioners may obtain a judgment from a
court for the amount of the fine imposed by filing suit in the:
(A) Pulaski County Circuit Court;
(B) Circuit court of the county in which the person resides; or
(C) Small claims division of a district court.
(3) The fee for filing of a suit in a circuit or district court in this state shall be waived for the
State Board of Election Commissioners.
(4) All moneys received by the State Board of Election Commissioners in payment of fines shall
be deposited into the State Treasury as general revenues.
(i)(1) The State Board of Election Commissioners shall conclude its investigation and take its
final action under this section within one hundred eighty-two (182) days of the final deadline to
file a complaint for the election.
(2) The State Board of Election Commissioners shall announce its final action as a final
administrative decision.
(3) If the State Board of Election Commissioners fails to take its final action within one
hundred eighty-two (182) days following the deadline to file a complaint, the final administrative
action shall be effective within one hundred eighty-two (182) days following the deadline to file
a complaint.
(4) If the State Board of Election Commissioners makes its offer of settlement and the offer is
rejected under this section, the State Board of Election Commissioners may conduct a hearing
and shall take final action under this section within two hundred forty-five (245) days.
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(j) A final action of the State Board of Election Commissioners under this section is an
adjudication for purposes of judicial review under § 25-15-212.
(k) As used in this section:
(1) “Election laws” means the United States Constitution, the Arkansas Constitution, and the
statutes, final court decisions of general applicability, and rules of the United States and the
State of Arkansas 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 commissioners;
(2) “Frivolous” means clearly lacking any basis in fact or law; and
(3) “Voter registration laws” means those laws under the United States Constitution, the
Arkansas Constitution, and the statutes, final court decisions, and rules promulgated by the
United States and the State of Arkansas concerning voter registration laws.