Browse Arkansas Code titles and sections
7-4-120. Complaints of election law violations — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
7-4-120. Complaints 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, 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 complaint shall be filed with the State Board of Election Commissioners in writing within thirty (30) days of:
(A) An alleged violation of the voter registration laws; or
(B) The election associated with the complaint;
(2) A complaint shall be signed by the complainant under penalty of perjury.
(3)(A) A complaint shall clearly:
(i) Describe the alleged violation, including without limitation the supporting facts for the violation;
(ii) State when the alleged violation occurred; and
(iii) State the location of the alleged violation.
(B)(i) The complaint may specify 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 shall notify the complainant that a desired resolution is not specified; and
(b) The complainant may file the additional information within ten (10) days from mailing of the notice.
(4)(A) If a complaint does not meet the requirements of this section, the complaint shall be dismissed.
(B) I
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-4-120
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:7-4-120
Source file: gov.ar.code.title.07.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 876b484a27b3875bffbc36835b67bb8b58daed32505675aea0e4e5cea69fe996
Source location: content.xml paragraph 1240
Stored source content
7-4-120. Complaints 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, 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 complaint shall be filed with the State Board of Election Commissioners in writing within thirty (30) days of:
(A) An alleged violation of the voter registration laws; or
(B) The election associated with the complaint;
(2) A complaint shall be signed by the complainant under penalty of perjury.
(3)(A) A complaint shall clearly:
(i) Describe the alleged violation, including without limitation the supporting facts for the violation;
(ii) State when the alleged violation occurred; and
(iii) State the location of the alleged violation.
(B)(i) The complaint may specify 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 shall notify the complainant that a desired resolution is not specified; and
(b) The complainant may file the additional information within ten (10) days from mailing of the notice.
(4)(A) If a complaint does not meet the requirements of this section, the complaint shall be 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)(A) If a complaint is filed as required by this section, the State Board of Election Commissioners shall investigate the alleged violation.
(B) Immediately upon beginning an investigation under this section, the State Board of Election Commissioners shall notify the person under investigation of the fact of the investigation and the nature of the investigation.
(C) 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, 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) A hearing by the State Board of Election Commissioners is set; or
(B) The investigation by the State Board of Election Commissioners is closed by the State Board of Election Commissioners.
(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) The records of the investigation upon which the State Board of Election Commissioners has based its findings shall be opened to public inspection thirty (30) days after the final adjudication in which the State Board of Election Commissioners makes a final decision.
(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; 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) Subpoena any person or the books, records, or other documents relevant to the investigation or inquiry.
(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, or reprimand;
(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) Order payment of the costs of the investigation and hearing; or
(5) Combine any of the 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; 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 (180) days of the filing of a complaint.
(2) If the State Board of Election Commissioners holds a hearing under this section, the State Board of Election Commissioners shall conclude all actions under this section within two hundred forty (240) days.
(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 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 commissioners;
(2) “Frivolous” means clearly lacking any basis in fact or law; and
(3) “Voter registration laws” means those laws under Arkansas Constitution, Amendment 51, and the rules promulgated pursuant to Arkansas Constitution, Amendment 51.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-19-101. Title.
This chapter shall be known and cited as the “Freedom of Information Act of 1967”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-19-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-19-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
7-1-103. Miscellaneous misdemeanor offenses — Penalties — Definitions.
(a) The violation of any of the following shall be deemed misdemeanors punishable as provided in this section:
(1) It shall be unlawful for any person to appoint or offer to appoint anyone to any office or position of trust or for any person to influence, attempt to influence, or offer to influence the appointment, nomination, or election of any person to office in consideration of the support or assistance of the person for any candidate in any election in this state;
(2)(A)(i) It shall be unlawful for any public servant, as defined in § 21-8-402, to devote any time or labor during usual office hours toward the campaign of any other candidate for office or for the nomination to any office.
(ii) Devoting any time or labor during usual office hours toward the campaign of any other candidate for office or for the nomination to any office includes without limitation the gathering of signatures for a nominating petition.
(B) It shall be unlawful for any public servant, as defined in § 21-8-402, to circulate an initiative or referendum petition or to solicit signatures on an initiative or referendum petition in any public office of the state, county, or municipal governments of Arkansas or during the usual office hours or while on duty for any state agency or any county or municipal government in Arkansas.
(C) It shall be unlawful for any public servant, as defined in § 21-8-402, to coerce, by threats or otherwise, any public employee into devoting time or labor toward the campaign of any candidate for office or for the nomination to any office;
(3)(A) It shall be unlawful for any public servant, as defined in § 21-8-402, to use any office or room furnished at public expense to distribute an
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-1-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 7-1-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
7-6-217. Creation of Arkansas Ethics Commission.
(a)(1) The Arkansas Ethics Commission shall be composed of five (5) members, one (1) each appointed by the Governor, Attorney General, Lieutenant Governor, Speaker of the House of Representatives, and President Pro Tempore of the Senate.
(2) Members of the commission shall be appointed for terms of five (5) years and shall continue to serve until their successors have been appointed and have taken the official oath.
(3)(A) No person may be appointed to serve consecutive terms on the commission.
(B) Provided, any commissioner who has been appointed to serve two (2) years or less of an unexpired term shall be eligible for an appointment to a subsequent five-year term.
(4) In the event of a vacancy on the commission, a successor shall be appointed within thirty (30) days to serve the remainder of the unexpired term, such appointment to be made by the official holding the office responsible for appointing the predecessor.
(b)(1) In making appointments to the commission, the appointing officials shall ensure that at least one (1) member of a minority race, one (1) woman, and one (1) member of the minority political party, as defined in § 7-1-101, serves on the commission.
(2) Any person appointed as a member of the minority political party must have voted in the preferential primaries of the minority political party in the last two (2) primaries in which he or she has voted.
(c)(1) No member of the commission shall be a federal, state, or local government official or employee, an elected public official, a candidate for public office, a lobbyist as defined in § 21-8-402, or an officer or paid employee of an organized political party as defined in § 7-1-101.
(2) During the entire term of service on the commiss
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-6-217
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 7-6-217. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
7-6-218. Citizen complaints — Definition.
(a)(1) Any citizen may file a complaint with the Arkansas Ethics Commission against a person covered by this subchapter, by § 7-1-103(a)(1)-(4), (6), or (7); the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; and Arkansas Constitution, Article 19, §§ 28-30, for an alleged violation of the subchapters or sections. For purposes of this subdivision (a)(1), the Arkansas Ethics Commission shall be considered a citizen.
(2) A complaint must be filed within four (4) years after the alleged violation occurred. If the alleged violation is the failure to file a report or the filing of an incorrect report, the complaint shall be filed within four (4) years after the date the report was due.
(b)(1)(A) Upon a complaint stating facts constituting an alleged violation signed under penalty of perjury by any person, the Arkansas Ethics Commission shall investigate the alleged violation of this subchapter or § 7-1-103(a)(1)-(4), (6), or (7); the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; and Arkansas Constitution, Article 19, §§ 28-30.
(B) The Arkansas Ethics Commission shall immediately notify any person under investigation of the investigation and of the nature of the alleged
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-6-218
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 7-6-218. This identifies an authority to review, not proof of applicability.