108.00.18 Ark. Code R. 001
Scope of Rules
These rules will set forth the procedures for calculation, allocation, and billing of the cost of an Annual School Election which is held on an even-numbered year. These rules will also establish procedures for conducting the Annual School Election across multiple counties. These rules are in addition to, and not a substitute for, the laws of the State of Arkansas.
The additional costs incurred by a county for an annual school election that is held in conjunction with a state funded election are not reimbursable by the State Board of Election Commissioners.1
Any request for reimbursement filed pursuant to the SBEC Rules for Reimbursement of Expenses for State-Funded Elections which requests that the additional cost of a school election be included in that reimbursement or fails to document the calculation required by § 1206 of this rule may result in the withholding of state funding pursuant to this SBEC Rule § 502. A county submitting a request for reimbursement must calculate the additional cost of the school election as defined under this rule. The requesting county must document those calculations in a manner sufficient for the State Board to distinguish the additional cost of the school election and the reimbursable costs of the state funded election.
When an annual school election is held in an even-numbered year, the school district must reimburse the additional election costs created by holding the school election at the same time as the preferential primary or general election to the county or counties which incurred these costs.2
However, the amount that is reimbursable to the county or counties shall not exceed an amount equal to the amount the school district reimbursed the county in which the district is domiciled for the last contested school election in an odd-numbered year.3
If the total amount of reimbursements requested from all counties under these rules exceeds the total previous cost of the school election, the total amount of reimbursements for the additional cost of the election shall be pro-rated between each county in which an issue or candidate for that district appeared pursuant to rule § 1207.
The county board of election commissioners shall prepare an expense report which documents the total of all additional election expenses incurred by that county for each school district in the county that held an election. This report shall itemize each election expense for which the county experienced an additional cost in that election. The county board shall then forward that report to the school district with a request for reimbursement.
This request shall be submitted within 150 days of the date of the election.
The district shall, pursuant to § 1207, calculate the previous cost of the most recent comparable odd-year school election for each county in which the district had an issue or candidate on the ballot.
Once the district has received a request for reimbursement from each county board required to submit a request, the district shall pay each county the lesser of the additional election costs requested by the county or the allocated previous costs of the most recent comparable election held on an odd year for that county.
In the event that the payment of the lesser of the additional election cost requested by the county or the allocated previous costs to each county does not cause the district's total reimbursement to exceed the total previous costs, the remaining amount shall be pro-rated proportionally between those counties whose reimbursement was limited by the allocated previous costs until the district's reimbursement to all counties, in the aggregate, equals the total previous costs.
Should the district fail to receive a request for reimbursement from one or more counties within 150 days of the election, the district shall follow the procedures set forth in this rule in calculating the payment for each county that has submitted a request at the time the calculations are made.
The district must reimburse each county which has submitted timely requests for reimbursement no later than 210 days following the date of the election. The district shall only reimburse a county board which files a request after the initial calculations and payment are made if the total reimbursements paid by the district have not yet exceeded the total previous costs.
If, pursuant to this rule, the district is not required to pay the entire amount of additional cost requested by the county board, the district shall document the amount of additional cost each county submitted to the district, the election designated as the most recent comparable odd year election, the amount the district paid to the domicile county in the comparable odd year election, the number of the district's qualified electors living in each county, and all calculations made using this information. A copy of this documentation shall be submitted to each county at the time the district submits its reimbursement to the county.
An additional cost of the election, within the meaning of § 1203, is calculated as follows: The county board shall calculate the difference of the actual funds expended or liabilities incurred on any election expense with the amount that would have been required had the annual school election not been held in conjunction with the preferential primary or general election.
Once the county board calculates this difference for each election expense for which there is a difference, the county board shall add the additional cost for each election expenditure together to calculate the total additional cost of the annual school election.
However, notwithstanding any other provision of this rule, a county board and a school district may agree that the additional costs of the school election will exceed the reimbursable additional costs. If such an agreement is reached, the school district may reimburse the county the total reimbursable additional cost as calculated under § 1207 without calculating the additional costs. NOTE: a county must still calculate the additional cost of a school election under these rules in order to receive reimbursement from the SBEC in a state funded election.
When calculating the additional costs of the school election, the county board shall make its calculation regarding a specific election expense consistent with the procedures described in this rule. However, the following categories are not exclusive and all election expenses are governed by § 1205. If more than one district is holding an annual school election within a county on the same election date, the calculations described below shall be performed separately for each district.
The following rules govern how the school district board of directors shall calculate the previous cost of the last contested school election in an odd-number year.
If a school district cannot determine the cost of the most recent odd year election in which the appropriate number of zones were contested, the district shall instead use the most recent contested school district election in which polls were open countywide to calculate previous cost. The county board of election commissioners for the domiciled county shall assist the district, if requested, in determining the amount of past reimbursements.
When an annual school election is held at the same time as the general election or its runoff, the county board shall first calculate the additional costs of the annual school election. That calculation shall be made pursuant to these rules and relevant state law.
The county board shall then subtract the Additional Cost of the school election from the Actual Election Expenses to determine the total cost of the election to the county pursuant to these rules.
The county board shall then use this number to calculate the portion of the election costs that municipalities must reimburse to the county pursuant to Ark. Code Ann. § 7-5-104.
The county board shall provide the appropriate official in each city or incorporated town within the county a bill which clearly states the amount that city or incorporated town must reimburse the county for the election and a concise explanation of how this amount was calculated.
The entire cost of a runoff in an annual school election held on an even year shall be reimbursed by the school district to the county if the runoff is caused by the school election and the school election issue is the only issue on the ballot.5
If there is a runoff in both the annual school election and another election held with the annual school election, the additional costs of that runoff shall be reimbursed to the county pursuant to these rules in the same manner as the annual school election. The allocated previous cost that is used to calculate the reimbursable additional cost for the runoff election shall be the same as the allocated previous cost used in the calculation for the reimbursement for the annual school election which necessitated the runoff.
The following rules shall apply when a runoff election for the annual school election is held in which some of the polling locations that are opened have only school election issues on the ballot and other polling locations with the same school election runoff, also have additional runoff issues from another election on the ballot. The school districts shall reimburse the county for all election costs associated with the polling locations with only the school election runoff on their ballots. The school district shall reimburse the county for all additional costs associated with those polling locations with multiple runoff issues on the ballot. The additional cost for these polling locations shall be calculated in the same manner as the annual school election.
At the close of candidate filing, the county clerk of the county in which a school district is domiciled shall certify to the board of election commissioners in the domicile county the names of all candidates who have properly filed for office and whose petitions have been accepted.6 The county clerk must also certify any write-in candidates who have properly filed.
When an annual school election is held in an even numbered year, the county clerk of the domicile county shall also certify to the county boards of election commissioners for any other county in which the school district has territory the same list of school board candidates and write in candidates.
The certified list of candidates shall state the zone for which each candidate or write-in candidate is seeking election and all counties that lie within that zone.
In even years, a school district shall inform the county clerk of each county in which the district has territory of all issues to be placed on the ballot including the rate of the millage if applicable.
At the close of the polls for an election held in an even number year, the election officials in each polling location or central tabulation location in which election results are produced by printing a results tape or other document from a voting machine shall print one additional results tape for each school district which is not domiciled in that county and which has a candidate or ballot issue reflected in those returns.7 All additional copies of the results tape shall be signed by the appropriate election officials as certified returns. Election officials of a county which a school district is not domiciled in shall file certified election returns for all precincts voting in that school district's election with the county clerk of the county in which each school district is domiciled.
If voting results are counted in any other manner, the election official certifying the returns for each polling location or central tabulation location shall produce an additional certified return for each school district which is not domiciled in that county and which has a candidate or ballot issue reflected in those returns. Election officials of a county in which a school district is not domiciled shall file certified election returns for all precincts voting in that school district's election with the county clerk of the county in which each school district is domiciled.
The county board of any county that is required to file certified school election returns with the county clerk of a neighboring county in which that school district is domiciled is responsible for ensuring that these returns reach the neighboring county clerk and county board on election night. If, for any reason, the additional results tapes are not produced and filed with the neighboring county clerk, the county board shall produce a copy of all results from all precincts which included that school district's races, certify the veracity of those results, and file that copy with the appropriate county clerk and county board.
Returns for the annual school election in even years shall be reported as unofficial election results using the statewide election night reporting system by the county in which the votes were cast.
1Ark. Code Ann. § 7-4-101(f)(11).
2Ark. Code Ann. § 6-14-118(b)(1) as amended by Act 910 of 2016.
3Ark. Code Ann. § 6-14-118(b)(2) as amended by Act 910 of 2016.
4 School Elections have different publication requirements than preferential primary elections. See A.C.A. § 6-14-109; A.C.A. § 6-14-106(d).
5Ark. Code Ann. § 6-14-118(c).
6Ark. Code Ann. § 6-14-111(i).
7Ark. Code Ann. § 6-14-115(a).
108.00.18 Ark. Code R. 001