108.00.22 Ark. Code R. 006

Current through Register Vol. 49, No. 9, September, 2024

Rule 108.00.22-006 - Rules for County Election Commissioner Training

Scope of Rules

These rules will set forth the procedures for training members of the county boards of election commissioners in the 75 counties in the State. These rules are in addition to, and not a substitute for, the laws of the State of Arkansas.

§ 701Definitions

(a)County Board of Election Commissioners - the three-member board in each of the 75 counties in this State responsible for conducting all elections within their respective county, including two members elected by the county committee of the majority party and one member elected by the county committee of the minority party or persons appointed by the state chair of either the majority or minority party to fill a vacancy in that party's position.¹

(b)Candidate - for the purpose of these rules, any individual who has knowingly and willingly taken affirmative action, including solicitation of funds, for the purpose of seeking nomination for or election to any public office.²

(c)

(1)Election Official - a person who is a member of the county board of election commissioners, a person who performs election coordinator duties, a person who is a poll worker designated by a county board of election commissioners to be an election clerk, election judge, or election sheriff, or a deputy county clerk or a person assigned by a county clerk to conduct early voting.

(2) Election Official - includes a person who serves as:

(A) A member of the county board of election commissioners;

(B) A person who is appointed by the county board of election commissioners to serve as:

(i) an election coordinator;

(ii) a person appointed to perform tasks related to the election which require the handling of ballots or other election materials or equipment;

(iii) an election clerk;

(iv) an election judge;

(v) an election sheriff; or

(vi) an absentee ballot clerk; or

(C) A person assigned by a county clerk to conduct early voting administered by the county clerk.

§ 702Qualifications of a Member of the County Board of Election Commissioners

(a) The qualifications⁴ of a member of the county board of election commissioners as determined by the General Assembly⁵ are as follows:

(1) Must be a qualified elector of this state;

(2) Must be able to read and write the English language;

(3) Must be a resident of the county in which he or she serves at the time of his or her appointment or election;

(4) Must not have been found guilty or pled guilty or nolo contendere to the violation of any criminal election law of this state;

(5) Must not be a paid employee of any political party;

(6) Must not be a paid employee of any person running for any office on the county's ballot;

(7) Must not participate in the campaign of any candidate listed on a ballot or of a write-in candidate seeking election in that county that falls under their jurisdiction or authority;

(8) Must not manage a campaign;

(9) Must not perform labor for a campaign;

(10) Must not solicit on behalf of a candidate or campaign;

(11) Must not pass out handbills, signs, or other literature concerning a candidate's campaign;

(12) Must not assist a candidate's campaign at a rally or parade;

(13) Must not display candidate placards or signs on an automobile;

(14) Must not be employed with a company that has any business dealings, contracts, or pending contracts with the county board of election commissioners at the time of his or her appointment to the county board;

(15) Must not be a candidate for any office to be filled at an election while serving on the county board, except for appearing on the ballot as a candidate for a position in his or her political party;

(16) Must not be a chairman or secretary of a county political party;

(17) Must not be married to or related within the second degree of consanguinity to any candidate running for office in the current election if objection to the service is made to the county board of election commissioners within seven (7) calendar days after the posting of the list of officials; and

(18) Must not be the spouse of a chairman of a county political party or the spouse of another county board of election commissioner if objection to the service is made to the county board of election commissioners within ten (10) calendar days after the posting of the list of officials.

(b) If an objection filed against married members of the county election commission the objection can only be filed against one of the two married individuals.

(c) A member of the county board may make a financial contribution to a candidate, attend a political party's state, district, or county meeting where a candidate or issue advocate speaks as a member of the audience, or participate in a political party convention.⁶

§ 703Required Training

(a) Each member of the county boards of election commissioners shall attend either a comprehensive training program conducted by the State Board of Election Commissioners before the regularly scheduled preferential primary election or an advanced training program conducted by the State Board of Election Commissioners.

(b) Advanced training will be made available if the Director of the State Board determines that, based on the amount of changes in law and procedure from the previous election cycle, an advanced training program is appropriate for experienced county commissioners. Advanced trainings are to only be utilized for commissioners who are unable to attend the comprehensive training and may be conducted remotely. Advanced trainings may not necessarily include a detailed review of all basic laws and procedures which are unchanged from the previous two election cycles but will address all aspects of the duties of an election commissioner.⁷

(c) Any member of a county board of election commissioners who has not served on the commission during the previous two (2) preferential primary and general elections and previously attended the comprehensive training program conducted by the State Board of Election Commissioners must attend the comprehensive training program.

(d) A member of a county board of election commissioners shall attend additional interim training if deemed necessary and appropriate by the State Board.

§ 704Examination and Certification of Election Commissioners

(a) Having attended the instructional portion of the training program, the election commissioner shall take an examination of essential skills developed and administered by the State Board of Election Commissioners.

(1) The State Board shall issue a certification to each commissioner who attended the instructional program and demonstrated competency in the skills essential for conducting an election through the examination process.

(2) Certification shall be issued by the State Board to each designated trainee who is certified though the training program.

§ 705Compensation

(a) Upon completion of training by the State Board of Election Commissioners, each county election commissioner attending the training is eligible to receive mileage reimbursement at the rate established for state employees by state travel regulations⁸

(b) Any election commissioner who is trained and certified under this section and who remains in office until the certification of the preferential primary election results shall be eligible to receive $300 in compensation for attending training.

(c) If the county political party elects a new commissioner following the preferential primary, the commissioner shall be eligible to receive mileage for additional required trainings only but is not eligible to receive additional compensation.

(d)

(1) All compensation and reimbursement paid under this section shall be paid to the County Treasurer and shall include a statement explaining the purpose of the funds and who is entitled to receive the funds under state law.

(2) Mileage for training shall be paid upon receipt of the reporting form approved by the State Board and verification that the commissioner was tested.

(3) Payment of the $300 shall be paid upon verification by the Director that the commissioner who attended training remains an election commissioner for the county at the time the preferential primary is certified.

(e) Attendance by county election coordinators is optional, and compensation for attending training will not be provided by the State Board.

§ 706Noncompliance

The State Board may withhold funding for county election commissioner training attendance from any county that fails to comply with the rules and guidelines developed by the State Board for the administration of election commissioner training, until all requirements are met to the satisfaction of the State Board.⁹

§ 707Training Materials

The State Board of Election Commissioners will provide training materials to each county election commissioner attending training.

¹ A.C.A. § 7-4-102(a)

² A.C.A. § 7-6-201(2)

⁴ A.C.A. § 7-4-109 as amended by Act 1253 of 2015

⁵ Art 3, § 10 of the Arkansas Constitution, as amended by Amendment 85

⁶ A.C.A. § 7-4-109(c)(2)(B)(ii) as amended by Act 1253 of 2015

⁷ A.C.A. § 7-4-109(e)(1)

⁸ A.C.A. § 7-4-109(e)(2)

⁹ A.C.A. § 7-7-201(b)(3)

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108.00.22 Ark. Code R. 006

Adopted by Arkansas Register Volume 47 Number 05, Effective 5/7/2022