Arkansas Code of 1987 Updated: August 7, 2009

Transcription

1 Arkansas Code of 1987 Updated: August 7, 2009 Title 7 Elections Disclaimers Not Official The code that is provided on this site is an unofficial posting of the Arkansas Code. The files making up this Internet version of the Arkansas Code do not constitute the official text of the Arkansas Code and are intended for informational purposes only. The printed version of the Arkansas Code should be consulted for all matters requiring reliance on the statutory text. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available on the Arkansas General Assembly's web site, the Arkansas General Assembly is not responsible for any errors or omissions which may occur in these files. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff members of the Arkansas Code Revision Commission to investigate the irregularities. Service The Arkansas General Assembly offers access to the Arkansas Code on the internet as a service to the public. The Webmaster is unable to assist users of this service with legal questions. Also, legislative staff cannot respond requests for legal advice or the application of the law to specific facts from anyone except members of the Arkansas Legislature. Therefore, to understand and protect your legal rights, you should consult your own private lawyer. Please refer legal questions elsewhere.

2 Title 7 Elections Chapter 1 General Provisions Chapter 2 Congressional Districts Chapter 3 Political Parties Chapter 4 Boards of Election Commissioners and Other Election Officers Chapter 5 Election Procedure Generally Chapter 6 Campaign Practices Chapter 7 Nominations and Primary Elections Chapter 8 Federal Elections Chapter 9 Initiatives, Referenda, and Constitutional Amendments Chapter 10 Nonpartisan Election of Judges Chapter 11 Special Elections Chapter 1 General Provisions Definitions Work time to be scheduled for voting Penalty Miscellaneous misdemeanor offenses Penalties Miscellaneous felonies Penalties Majority of qualified electors Election laws expert [Repealed.] Election law deadlines Enforcement of election laws Voting information on Internet website Definitions. As used in this title, unless the context or chapter otherwise requires: (1) Administrator means the administrative head of a long-term care or residential care facility licensed by the state who is authorized in writing by a patient of the long-term care or residential care facility to deliver the application for an absentee ballot and to obtain or deliver the absentee ballot to the county clerk; (2) Affidavit of eligibility means an affidavit signed by a candidate for elective office stating that the candidate is eligible to serve in the office he or she seeks; (3) Audit log means an electronically stored record of events and ballot images from which election officials may produce a permanent paper record with a manual audit capacity for a voting system using voting machines; (4) Authorized agent means a person who is identified and authorized to deliver the

3 application, obtain a ballot, and deliver the ballot on the day of the election to the county clerk for an applicant who is medically unable to cast a ballot at a polling site due to an unforeseen medical necessity as set forth in an affidavit from the administrator of a hospital or long-term care or residential care facility; (5) Canvassing means examining and counting the returns of votes cast at a public election to determine authenticity; (6) Certificate of choice means a certificate, signed by an executive officer of a political group that submits a petition to place its candidates for President and Vice-President on the ballot, designating the names of its candidates to appear on the ballot; (7) Constitutional officers of this state means the offices of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Auditor of State, Treasurer of State, and Commissioner of State Lands; (8) Counting location means a location selected by the county board of election commissioners with respect to all elections for the automatic processing or counting, or both, of votes; (9) Designated bearer means any person who is identified and authorized by the applicant to obtain from the county clerk or to deliver to the county clerk the applicant's ballot; (10) Election official or election officer means a person who is a member of the county board of election commissioners or 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; (11) Electronic vote tabulating device means a device used to electronically scan a marked paper ballot for the purpose of tabulation; (12) Fail-safe voting means the mechanism established under the National Voter Registration Act of 1993 that allows a voters who has moved within the same county to vote at his or her new precinct without having updated his or her voter registration records; (13) First-time voter means any registered voter who has not previously voted in a federal election in the state; (14) General or special election means the regular biennial or annual elections for election of United States, state, district, county, township, and municipal officials and the special elections to fill vacancies therein and special elections to approve any measure. The term as used in this act shall not apply to school elections for officials of school districts; (15) Majority party means that political party in the State of Arkansas whose candidates were elected to a majority of the constitutional offices of this state in the last preceding general election; (16) Marking device means any approved device for marking a paper ballot with ink or other substance that will enable the votes to be tabulated by means of an electronic vote tabulating device;

4 (17) Member of the merchant marine means: (A) An individual employed as an officer or crew member of: (i) A vessel documented under the laws of the United States; (ii) A vessel owned by the United States; or United States; (iii) A vessel of foreign-flag registry under charter or control of the (B) An individual enrolled with the United States for employment or training for employment or maintained by the United States for emergency relief service as an officer or crew member of any such vessel; or (C) As defined in the federal Uniformed and Overseas Citizens Absentee Voting Act if different from the definition stated in this subdivision (17); (18) Minority party means that political party whose candidates were elected to less than a majority of the constitutional offices of this state in the last preceding general election or the political party that polled the second greatest number of votes for the office of Governor in the last preceding general election if all of the elected constitutional officers of this state are from a single political party; (19) Party certificate means a written statement or receipt signed by the secretary or chair of the county committee or of the state committee, as the case may be, of the political party evidencing the name and title proposed to be used by the candidate on the ballot, the position the candidate seeks, payment of the fees, and filing of the party pledge, if any, required by the political party; (20) Party filing period means the period of time established by law for the candidate for a political party's nomination to file his or her party certificate with the Secretary of State or county clerk, as the case may be; (21) (A) Political party means any group of voters that at the last preceding general election polled for its candidate for Governor in the state or nominees for presidential electors at least three percent (3%) of the entire vote cast for the office. (B) A group of electors shall nor assume a name or designation that is so similar in the opinion of the Secretary of State to that of an existing political party as to confuse or mislead the voters at an election. (C) When any political party fails to obtain three percent (3%) of the total votes cast at an election for the office of Governor or nominees for presidential electors, it shall cease to be a political party; (22) Polling site means a location selected by the county board of election commissioners where votes are cast;

5 (23) Precinct means the geographical boundary lines dividing a county, municipality, township, or school district for voting purposes; (24) Primary election means any election held by a political party in the manner provided by law for the purpose of selecting nominees of the political party for certification as candidates for election at any general or special election in this state; (25) Provisional ballot means a ballot: (A) Cast by special procedures to record a vote when there is some question concerning a voter's eligibility; and (B) Counted contingent upon the verification of the voter's eligibility; (26) Qualified elector means a person who holds the qualifications of an elector and who is registered pursuant to Arkansas Constitution, Amendment 51; (27) Sample ballot means a ballot for distribution to the public or the press marked with the word SAMPLE so as to prevent the production of counterfeit ballots; (28) Uniformed services means the United States Army, United States Navy, United States Air Force, United States Marine Corps, and United States Coast Guard, the commissioned corps of the United States Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration, or as defined in the federal Uniformed and Overseas Citizens Absentee Voting Act if different from the definition stated in this subdivision (28); (29) Vacancy in election means the vacancy in an elective office created by death, resignation, or other good and legal cause arising prior to election to the office at a general or special election but arising subsequent to the certification of the ballot; (30) Vacancy in nomination means the circumstances in which the person who received the majority of votes at the preferential primary election or general primary election cannot accept the nomination due to death or notifies the party that he or she will not accept the nomination due to serious illness, moving out of the area from which the person was elected as the party's nominee, or filing for another office preceding the final date for certification of nominations; (31) (A) Vacancy in office means the vacancy in an elective office created by death, resignation, or other good and legal cause arising subsequent to election to the office at a general or special election or arising subsequent to taking office and before the expiration of the term of office in those circumstances wherein the vacancy must be filled by a special election rather than by appointment. (B) The phrase vacancy in office shall not apply to the election of a person at a general election to fill an unexpired portion of a term of office; (32) Voter-verified paper audit trail means a contemporaneous paper record of a ballot printed for the voter to confirm his or her votes before the voter casts his or her ballot that:

6 (A) Allows the voter to verify the voter-verified paper audit trail before the casting of the voter's ballot; (B) Is not retained by the voter; (C) Does not contain individual voter information; (D) Is produced on paper that is sturdy, clean, and resistant to degradation; and (E) Is readable in a manner that makes the voter's ballot choices obvious to the voter without the use of computer or electronic code; (33) Voting machine means either: (A) A direct-recording electronic voting machine that: (i) Records votes by means of a ballot display provided with mechanical or electro-optical components that may be actuated by the voter; (ii) Processes the data by means of a computer program; (iii) Records voting data and ballot images in internal and external memory components; and (iv) Produces a tabulation of the voting data stored in a removable memory component and on a printed copy; or and (B) An electronic device for marking a paper ballot to be electronically scanned; (34) Voting system means: (A) The total combination of mechanical, electromechanical, or electronic equipment, including the software, firmware, and documentation required to program, control, and support the equipment that is used to (i) Define ballots; (ii) Cast and count votes; (iii) Report or display election results; and (iv) Maintain and produce any audit trail information; and (B) The practices and documentation used to: (i) Identify system components and versions of components; (ii) Test the system during its development and maintenance; (iii) Maintain records of system errors and defects;

7 (iv) Determine specific system changes to be made to a system after the initial qualification of the system; and (v) Make available any materials to the voter, including without limitation notices, instructions, forms, or paper ballots. History. Acts 1969, No. 465, Art. 1, 1; 1971, No. 261, 1; 1977, No. 888, 3; A.S.A. 1947, 3-101; Acts 1987, No. 123, 12; 1991, No. 241, 1; 1995, No. 946, 1; 1995, No. 963, 1; 1997, No. 445, 1; 1997, No. 1082, 1; 1999, No. 1342, 1; 2003, No. 994, 1; 2003, No. 1731, 1; 2005, No. 2233, 2; 2007, No. 224, 1; 2007, No. 1020, 1; 2009, No. 250, 1; 2009, No. 659, 5; 2009, No. 959, 2; 2009, No. 1480, Work time to be scheduled for voting Penalty. Each employer in the state shall schedule the work hours of employees on election days so that each employee will have an opportunity to exercise the right of franchise. Any employer who fails or refuses to comply with the provisions of this section shall upon conviction be subject to a fine of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250). History. Acts 1989, No. 545, Miscellaneous misdemeanor offenses Penalties. (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 , 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 , 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 , to

8 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 , to use any office or room furnished at public expense to distribute any letters, circulars, or other campaign materials unless such office or room is regularly used by members of the public for such purposes without regard to political affiliation. It shall further be unlawful for any public servant to use for campaign purposes any item of personal property provided with public funds. (B) As used in subdivision (a)(3)(a) of this section, campaign materials and campaign purposes refer to the campaign of a candidate for public office and not efforts to support or oppose a ballot measure; (4) It shall be unlawful for any person to assess any public employee, as defined in , for any political purpose whatever or to coerce, by threats or otherwise, any public employee into making a subscription or contribution for any political purpose; (5) It shall be unlawful for any person employed in any capacity in any department of the State of Arkansas to have membership in any political party or organization that advocates the overthrow of our constitutional form of government; (6) It shall be unlawful for any campaign banners, campaign signs, or other campaign literature to be placed on any cars, trucks, tractors, or other vehicles belonging to the State of Arkansas or any municipality, county, or school district in the state; (7) (A) (i) All articles, statements, or communications appearing in any newspaper printed or circulated in this state intended or calculated to influence the vote of any elector in any election and for the publication of which a consideration is paid or to be paid shall clearly contain the words Paid Political Advertisement or Paid Political Ad. (ii) Both the persons placing and the persons publishing the articles, statements, or communications shall be responsible for including the required disclaimer. (B) (i) All articles, statements, or communications appearing in any radio, television, or any other electronic medium intended or calculated to influence the vote of any elector in any election and for the publication of which a consideration is paid or to be paid shall clearly contain the words: (a) Paid political advertisement or paid political ad ; or (b) Paid for by, sponsored by, or furnished by the true sponsor of the advertisement. (ii) Both the persons placing and the persons publishing the articles, statements, or communications shall be responsible for including the required disclaimer; (8) [Repealed.] (9) (A) No election official acting in his or her official capacity shall do any

9 electioneering on any election day or any day on which early voting is allowed. Except as provided in subdivisions (a)(9)(b) and (C) of this section, no person shall hand out or distribute or offer to hand out or distribute any campaign literature or any literature regarding any candidate or issue on the ballot, solicit signatures on any petition, solicit contributions for any charitable or other purpose, or do any electioneering of any kind whatsoever in the building or within one hundred feet (100') of the primary exterior entrance used by voters to the building containing the polling place on election day. (B) During early voting days, no person shall hand out or distribute or offer to hand out or distribute any campaign literature or any literature regarding any candidate or issue on the ballot, solicit signatures on any petition, solicit contributions for any charitable or other purpose, or do any electioneering of any kind whatsoever during early voting hours in the building or within one hundred feet (100') of the primary exterior entrance used by voters to the building containing the early voting site nor engage in those activities with persons standing in line to vote whether within or without the courthouse. (C) When the early voting occurs at a facility other than the county clerk's office, no person shall hand out or distribute or offer to hand out or distribute any campaign literature or any literature regarding any candidate or issue on the ballot, solicit signatures on any petition, solicit contributions for any charitable or other purpose, or do any electioneering of any kind whatsoever in the building or within one hundred feet (100') of the primary exterior entrance used by voters to the building containing the polling place; (10) No election official shall perform any of the duties of the position before taking and subscribing to the oath provided for in ; (11) No person applying for a ballot shall swear falsely to any oath administered by the election officials with reference to his or her qualifications to vote; (12) No person shall willfully cause or attempt to cause his or her own name to be registered in any other election precinct than that in which he or she is or will be before the next ensuing election qualified as an elector; (13) During any election, no person shall remove, tear down, or destroy any booths or supplies or other conveniences placed in any booth or polling site for the purpose of enabling the voter to prepare his or her ballot; (14) No person shall take or carry any ballot obtained from any election official outside of the polling room or have in his or her possession outside of the polling room before the closing of the polls any ballot provided by any county election commissioner; (15) No person shall furnish a ballot to any elector who cannot read informing him or her that it contains a name or names different from those that are written or printed thereon or shall change or mark the ballot of any elector who cannot read so as to prevent the elector from voting for any candidate, act, section, or constitutional amendment as the elector intended; (16) No election official or other person shall unfold a ballot or without the express consent of the voter ascertain or attempt to ascertain any vote on a ballot before it is placed in the

10 ballot box; (17) No person shall print or cause to be printed any ballot for any election held under this act with the names of the candidates appearing thereon in any other or different order or manner than provided by this act; (18) No election official shall permit the vote of any person to be cast in any election precinct in this state in any election legally held in this state when the person does not appear in person at the election precinct and actually cast the vote. This subdivision (a)(18) shall not apply to persons entitled to cast absentee ballots; (19) (A) No person shall vote or offer to vote more than one (1) time in any election held in this state, either in person or by absentee ballot, or shall vote in more than one (1) election precinct in any election held in this state. (B) No person shall cast a ballot or vote in the preferential primary of one (1) political party and then cast a ballot or vote in the general primary of another political party in this state; (20) No person shall: (A) Vote, knowing himself or herself not to be entitled to vote; (B) Vote more than once at any election or knowingly cast more than one (1) ballot or attempt to do so; (C) Provide assistance to a voter in marking and casting the voter's ballot except as provided in ; (D) Alter or attempt to alter any ballot after it has been cast; (E) Add or attempt to add any ballot to those legally polled at any election either by fraudulently introducing it into the ballot box before or after the ballots have been counted or at any other time or in any other manner with the intent or effect of affecting the count or recount of the ballots; (F) Withdraw or attempt to withdraw any ballot lawfully polled with the intent or effect of affecting the count or recount of the ballots; or (G) In any manner interfere with the officials lawfully conducting the election or the canvass or with the voters lawfully exercising their right to vote at the election; (21) No person shall make any bet or wager upon the result of any election in this state; (22) No election official, poll watcher, or any other person in or out of this state in any primary, general, or special election in this state shall divulge to any person the results of any votes cast for any candidate or on any issue in the election until after the closing of the polls on the day of the election. The provisions of this subdivision (a)(22) shall not apply to any township or precinct in this state in which all of the registered voters therein have voted prior to the

11 closing of the polls in those instances in which there are fifteen (15) or fewer registered voters in the precinct or township; and (23) Any person, election official, county clerk, or deputy clerk who violates any provisions of the absentee voting laws, et seq., shall be punished as provided in this section. (b) (1) Except as otherwise provided, the violation of any provision of this section shall be a Class A misdemeanor. (2) (A) Any person convicted under the provisions of this section shall thereafter be ineligible to hold any office or employment in any of the departments in this state. (B) (i) If any person is convicted under the provisions of this section while employed by any of the departments of this state, he or she shall be removed from employment immediately. (ii) If any person is convicted under the provisions of this section while holding public office, the conviction shall be deemed a misfeasance and malfeasance in office and shall subject the person to impeachment. (c) Any violation of this act not covered by this section and shall be considered a Class A misdemeanor and shall be punishable as such. History. Acts 1969, No. 465, Art. 11, 4; 1970 (Ex. Sess.), No. 3, 1; 1971, No. 261, 24; 1981, No. 327, 1; A.S.A. 1947, ; Acts 1987, No. 395, 1; 1989, No. 505, 2; 1991, No. 241, 2; 1991, No. 786, 4; 1995, No. 497, 1; 1995, No. 1085, 1; 1997, No. 445, 2; 1997, No. 1121, 1; 1999, No. 553, 1; 1999, No. 1525, 1; 2001, No. 795, 1; 2001, No. 926, 1; 2001, No. 1839, 1; 2005, No. 1284, 1; 2007, No. 221, 1; 2009, No. 310, 1; 2009, No. 473, 1; 2009, No. 658, Miscellaneous felonies Penalties. (a) The following offenses shall be deemed felonies punishable as provided in this section: (1) No person shall falsely make or fraudulently destroy any certificate of nominations or any part thereof, file any certificate of nominations knowing the certificate or any part thereof to be false, suppress any nomination or any part thereof which has been filed, or forge or falsely write the name or initials of any election official on any ballot; (2) No public official or other person shall in any manner willfully or corruptly permit any person not entitled to register for the purpose of voting to register, nor shall a public official or other person forge or attempt to forge a registration; (3) No person shall vote in any election in the state unless the person is a qualified elector of this state and has registered to vote in the manner provided by law; (4) It shall be unlawful for any person to offer, accept, receive, or pay any person any

12 money, goods, wares, or merchandise or solicit any money, goods, wares, or merchandise for the purpose of influencing his or her vote during the progress of any election in this state; (5) It shall be unlawful for any person to make any threat or attempt to intimidate any elector or the family, business, or profession of the elector; (6) It shall be unlawful for any person to interfere with or to prevent any qualified elector from voting at any election or to attempt to interfere with or to prevent any qualified elector from voting at any election, provided that this subdivision (a)(6) shall not prohibit good faith challenges of ballots or voters according to law by candidates, authorized representatives of candidates, political parties, or ballot issues; (7) It shall be unlawful for any person to attend any polling site on election day and hand out or give away any campaign cards, placards, or other articles for the purpose of influencing the electors to vote for any candidate, except in the manner now provided by law; (8) (A) It shall be unlawful for a person with the intent to defraud a voter or an election official to possess an absentee ballot issued to another. (B) The possession by a person of more than ten (10) absentee ballots creates a rebuttable presumption of intent to defraud. to: (C) The presumption under subdivision (a)(8)(b) of this section does not apply (i) An employee of the United States Postal Service performing the normal course of the employee's authorized duties; (ii) A common or contract carrier performing the normal course of the carrier's authorized duties; (iii) The administrative head of a long-term care or residential care facility licensed by the state authorized by a voter under Arkansas law; or (iv) An election official acting in his or her official capacity; (9) No person shall tamper with a voting machine or fraudulently affect or attempt to affect its results; (10) No person may cast a ballot in more than one (1) party primary election on the same day in this state or for candidates for more than one (1) political party; (11) No person shall vote in any election more than one (1) vote; (12) No person shall vote or attempt to vote other than his or her legal ballot; (13) No election official shall knowingly permit any person to vote other than his or her legal ballot in any election; (14) No election official or other person shall fraudulently permit any person to vote

13 illegally, refuse the vote of any qualified elector, or cast up or make a false return of any election; (15) No election official or other person shall willfully make a false count of any election ballots or falsely or fraudulently certify the returns of any election; (16) No person shall fraudulently change, alter, or obliterate the poll books or books of any election or break any seals upon any ballot box, voting machine, or stub box, except as authorized by law; (17) No person shall contrive, alter, forge, counterfeit, detain, mutilate, steal, secrete, or destroy any election returns or election materials for the purpose of hindering or preventing or falsely reporting a tabulation or check of the returns; and (18) Any person who violates the provisions of or who shall disclose how any voter may have voted unless compelled to do so in a judicial proceeding shall be deemed guilty of a Class D felony and punished as provided in this section. (b) (1) Any person convicted of a felony as defined in this section shall be guilty of a Class D felony. (2) (A) Any person convicted of a felony as defined in this section shall be barred from holding public office or employment in any of the departments of the state from the date of his or her conviction. (B) (i) If the person is employed by any of the departments of this state at the time of his or her conviction, he or she shall be removed from employment immediately. (ii) If any person is convicted under the provisions of this section while holding public office, the conviction shall be deemed a misfeasance and malfeasance in office and shall subject the person to impeachment. History. Acts 1969, No. 465, Art. 11, 5; A.S.A. 1947, ; Acts 1995, No. 497, 1; 1995, No. 1085, 1; 1997, No. 445, 3; 1999, No. 655, 1; 2001, No. 1553, 17; 2003, No. 1458, 1; 2005, No. 1677, 1; 2009, No. 658, Majority of qualified electors. Whenever any law of this state shall require that a proposition or question shall be adopted by a majority of the qualified electors of this state, of a city, or of a county based on the total number of electors of the state, city, or county, appearing on the certified list of all qualified electors thereof, the majority required for the adoption of the proposition or question hereafter shall be deemed to be the majority of the qualified electors of the state, city, or county voting on the proposition or question at the election. History. Acts 1969, No. 465, Art. 13, 3; A.S.A. 1947, ; Acts 1997, No. 445, Election laws expert.

14 The Secretary of State shall designate at least one (1) member of his or her staff to become knowledgeable of the election laws as they pertain to elections in the State of Arkansas for the purpose of answering procedural questions concerning elections and to aid the candidates and their agents in filing for election. History. Acts 1977, No. 312, 8; A.S.A. 1947, [Repealed.] Election law deadlines. If an election law deadline occurs on a Saturday, Sunday, or legal holiday, the deadline shall be the next day which is not a Saturday, Sunday, or legal holiday. History. Acts 1999, No. 653, Enforcement of election laws. Following a written complaint concerning any election law violation or irregularity to the county board of election commissioners, the written complaint shall be sent by the county board to the appropriate county clerk and appropriate prosecuting attorney for evaluation. History. Acts 2003, No. 270, Voting information on Internet website. The Secretary of State shall provide on his or her Internet website a mechanism to allow a person to enter his or her home address and retrieve information concerning the person's polling location, precinct, state representative, and state senator. History. Acts 2003, No. 1167, Number of congressional districts First Congressional District Second Congressional District Third Congressional District Fourth Congressional District. Chapter 2 Congressional Districts Number of congressional districts. The State of Arkansas is hereby divided into four (4) congressional districts, provided that the members of the House of Representatives of the United States Congress presently serving from each of the existing congressional districts of this state shall continue to serve until the

15 expiration of their current terms, and successor congressmen shall be elected from the congressional districts as established in this subchapter. It is the intention of this subchapter to provide for congressional districts of substantially equal population in order to comply with the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States. History. Acts 1991, No. 1220, 1; 2001, No. 1840, First Congressional District. The First Congressional District shall be composed of the counties of: Arkansas, Baxter, Clay, Cleburne, Craighead, Crittenden, Cross, Fulton, Greene, Independence, Izard, Jackson, Lawrence, Lee, Lonoke, Mississippi, Monroe, Phillips, Prairie, Poinsett, Randolph, St. Francis, Searcy, Sharp, Stone, and Woodruff; and the qualified electors residing therein shall elect one (1) member of the House of Representatives of the United States. History. Acts 1991, No. 1220, 2; 2001, No. 1840, Second Congressional District. The Second Congressional District shall be composed of the counties of: Conway, Faulkner, Perry, Pulaski, Saline, Van Buren, White, and Yell; and the qualified electors residing therein shall elect one (1) member of the House of Representatives of the United States. History. Acts 1991, No. 1220, 3; 2001, No. 1840, Third Congressional District. The Third Congressional District shall be composed of the counties of: Benton, Boone, Carroll, Crawford, Franklin, Johnson, Madison, Marion, Newton, Pope, Sebastian, and Washington; and the qualified electors residing therein shall elect one (1) member of the House of Representatives of the United States. History. Acts 1991, No. 1220, 4; 2001, No. 1840, Fourth Congressional District. The Fourth Congressional District shall be composed of the counties of: Ashley, Bradley, Calhoun, Chicot, Clark, Cleveland, Columbia, Dallas, Desha, Drew, Garland, Grant, Hempstead, Hot Spring, Howard, Jefferson, Lafayette, Little River, Lincoln, Logan, Miller, Montgomery, Nevada, Ouachita, Pike, Polk, Scott, Sevier, and Union; and the qualified electors residing therein shall elect one (1) member of the House of Representatives of the United States. History. Acts 1991, No. 1220, 5; 2001, No. 1840, 5. Chapter 3 Political Parties

16 Duties and powers National committee members State committee members County committee members County convention delegates Selection Vacancy County convention Primary election results Selection of state and national delegates Vacancies State convention Declaration of election results and nominees Certificates Subversive parties New parties Affidavit required Penalty Duties and powers. Subject to the provisions of this act and other applicable laws of this state, organized political parties shall: (1) Have the right to prescribe the qualifications of their own membership; (2) Prescribe the qualifications for voting in their party primaries; and (3) Establish rules and procedures for their own organization. History. Acts 1969, No. 465, Art. 1, 2; 1971, No. 261, 2; A.S.A. 1947, 3-102; Acts 1995, No. 901, National committee members. The national committeeman and national committeewoman of political parties of this state shall be selected in the manner provided in the party rules of the respective political parties in this state. History. Acts 1969, No. 465, Art. 1, 2; A.S.A. 1947, State committee members. (a) The members of the state committee of political parties in this state shall be elected by the respective state conventions. (b) Caucuses by delegates to the state conventions for the purpose of recommending members of the state committee shall be held at a definite time and place to be announced publicly by the temporary chair of the state convention convened at the first session of the convention. The temporary chair shall appoint some delegate to convene each caucus. If any delegation from a county shall notify the chair of the convention that a caucus has been held and a recommendation made without a county delegation having had timely notice of and an opportunity to be present at the caucus, the chair of the convention shall at once order a new caucus. (c) The term of office of the members of a state committee shall begin from their election,

17 and they shall hold office until the next convention and until their successors are elected and qualified. History. Acts 1969, No. 465, Art. 1, 2; 1971, No. 261, 2; A.S.A. 1947, County committee members. (a) (1) The members of the county committee of political parties from each election precinct, township, or city ward shall be elected by a majority vote of those votes cast for each membership position at the primary elections held by the political party. (2) (A) Except as provided in subdivision (a)(2)(b) of this section, the county board of election commissioners shall place on the ballot of the primary election the names of all persons seeking election as members of the county committee who have filed a written pledge to abide by the results of the primary, if any is required by the rules of the political party, and who have paid the filing fee, if any, assessed therefor. (B) When only one (1) candidate qualifies for a particular position on the county committee, the candidate's name shall be omitted from the ballot and the candidate shall be selected to serve in the particular position in the same manner as if the position had been voted upon at the primary election. (3) If candidates for any county committee membership positions have not qualified as provided in this section within the time required for candidates to qualify, the county committee shall select candidates for committee members at any public meeting of the county committee held after the ticket has closed and prior to the time the primary election ballots are printed. (4) Vacancies in the county committee shall be filled by the county committee. (b) (1) Each person elected or appointed the county chair of the county committee of a political party shall notify the state chair of the respective party in writing within ten (10) days after his or her election or appointment. (2) (A) It shall be the duty of the state party chair to keep on file with the Secretary of State a complete list of the county chairs and to notify promptly the Secretary of State of any death, resignation, disqualification, or vacancy in the office of any county chair and of the election of a new chair to fill vacancies thus created. (B) Upon receipt of that information, the Secretary of State shall record the information, which shall be a public record. History. Acts 1969, No. 465, Art. 1, 3; A.S.A. 1947, 3-103; Acts 1997, No. 444, 1; 2005, No. 67, 1; 2007, No. 222, County convention delegates Selection Vacancy. (a) Delegates from each election precinct, township, or city ward to the county convention of political parties shall be selected at the primary election held by each party.

18 (b) The county committee shall place on the ballot of the primary election the names of all persons seeking election as a county convention delegate who shall have filed a written pledge to abide by the results of the primary, if any is required by the rules of the political party, and shall have paid the ballot fee, if any, assessed therefor. (c) If candidates for county convention delegates have not qualified as herein provided within the time required for candidates to qualify, the county committee shall select candidates or delegates to the county convention at any public meeting of the committee held after the ticket has closed and prior to the time the primary election ballots are printed. (d) Any vacancies existing or occurring in any of the positions of delegates after the primary election or elections have been held may be filled by the county committee. History. Acts 1969, No. 465, Art. 1, 4; A.S.A. 1947, County convention Primary election results Selection of state and national delegates Vacancies. (a) Each political party holding a primary election shall at the time required in (f) hold a county convention composed of delegates elected at the primary election in each township and ward. (b) (1) The county convention shall receive from the county board of election commissioners a list of all nominated candidates for county, township, and municipal offices and the political party's county committee members and delegates and select delegates and alternates to all conventions held by the political party. (2) However, the state committee of the political party may make rules for the election of delegates to the national convention of the political party, and the delegates may be elected before the primary elections. (c) (1) Vacancies in the delegation to a convention arising from death, absence, resignation, or ineligibility shall be filled by the alternates in the order of their selection. (2) In the absence of alternates, vacancies shall be filled by the remaining members of the delegation. History. Acts 1969, No. 465, Art. 1, 4; A.S.A. 1947, 3-104; Acts 1997, No. 444, State convention Declaration of election results and nominees Certificates. After a primary election for the selection of nominees for United States, state, or district offices, each political party shall hold a state convention following the biennial general primary election for the purpose of: (1) Receiving from the Secretary of State the certification of the election results for all

19 United States, state, and district offices. Each party shall furnish to each successful nominee a certificate of nomination; and (2) Performing other duties as may be required by party rules or by law. History. Acts 1969, No. 465, Art. 1, 2; 1971, No. 261, 2; A.S.A. 1947, 3-102; Acts 1997, No. 444, Subversive parties New parties Affidavit required Penalty. (a) No political party shall be recognized, qualified to participate, or permitted to have the names of its candidates printed on the ballot in any election in this state that: (1) Either directly or indirectly advocates, teaches, justifies, aids, or abets the overthrow by force or violence, or by any unlawful means, of the government of the United States or this state, or an act of terrorism as defined by ; or (2) Directly or indirectly carries on, advocates, teaches, justifies, aids, or abets a program of sabotage, force and violence, sedition, or treason against the government of the United States or this state. (b) (1) No newly organized political party shall be recognized, qualified to participate, or permitted to have the names of its candidates printed on the ballot in any election in this state until it has filed an affidavit, by the officers of the party in this state under oath, that: (A) It does not either directly or indirectly advocate, teach, justify, aid, or abet the overthrow by force or violence or by any unlawful means of the government of the United States or this state, or an act of terrorism as defined by ; or (B) It does not directly or indirectly carry on, advocate, teach, justify, aid, or abet a program of sabotage, force and violence, sedition, or treason against the government of the United States or this state. (2) The affidavit shall be filed with the Secretary of State. (c) Any person who violates any provision of this section shall be guilty of a Class A misdemeanor. History. Acts 1969, No. 465, Art. 11, 7; A.S.A. 1947, ; Acts 1997, No. 444, 4; 2001, No. 1553, 18; 2005, No. 1994, 484. Chapter 4 Boards of Election Commissioners and Other Election Officers Subchapter 1 General Provisions Subchapter 2 Volunteer Deputy Voter Registrars Subchapter 1

20 General Provisions State Board of Election Commissioners Members Officers Meetings County boards of election commissioners Election of members Oath Vacancies on state and county boards Lists of county chairs Notification of vacancies County board of election commissioners Officers Meetings Assistance of prosecuting attorney Duties of county board of election commissioners Ballot boxes Voting booths Appointment of election officers Absence of election officials Filling vacancy Qualifications of state and county commissioners and other election officials Oath of election officers Compensation of board members Compensation of election officials Record of funds and expenditures Filling vacancy of an elected office Effect Legislative intent Election poll workers program for high school students Election poll workers program for college students Complaints of election law violations State Board of Election Commissioners Members Officers Meetings. (a) The State Board of Election Commissioners shall be composed of the following seven (7) persons, with at least one (1) from each congressional district: (1) The Secretary of State; (2) One (1) person designated by the chair of the state Democratic Party; (3) One (1) person designated by the chair of the state Republican Party; (4) One (1) person to be chosen by the President Pro Tempore of the Senate; (5) One (1) person to be chosen by the Speaker of the House of Representatives; and (6) Two (2) persons to be chosen by the Governor, one (1) of whom shall be a county clerk and one (1) of whom shall have served for at least three (3) years as a county election commissioner. (b) The Secretary of State shall serve as chair and secretary of the board. (c) Except for the Secretary of State and the county clerk, no member of the board shall be an elected public official. (d) (1) The term on the board of the Secretary of State shall be concurrent with his or her term in office.

21 (2) The county clerk shall hold the office of county clerk when appointed to the board and shall be removed as a member of the board if not in office. (3) (A) Members of the board appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be appointed for terms of two (2) years and shall continue to serve until successors have been appointed and taken the official oath. (B) All other appointive members shall be appointed for terms of four (4) years and shall continue to serve until successors have been appointed and taken the official oath. terms. (4) No appointive member shall be appointed to serve more than two (2) consecutive full (5) (A) If a vacancy on the board occurs, a successor shall be appointed within thirty (30) days to serve the remainder of the unexpired term. (B) The appointment shall be made by the official holding the office responsible for appointing the predecessor. (e) (1) The board shall meet as needed upon call of the chair or upon written request to the chair of any four (4) members. (2) A majority of the membership of the board shall constitute a quorum for conducting business. (3) No sanctions shall be imposed without the affirmative vote of at least four (4) members of the board. (4) Meetings of the board may be chaired and conducted by either the chair or a member of the board designated by the chair as acting chair for the meeting. (f) The board shall have the authority to: (1) Publish a candidate's election handbook, in conjunction with the office of the Secretary of State and the Arkansas Ethics Commission, which outlines in a readable and understandable format the legal obligations of a candidate and any other suggestions that might be helpful to a candidate in complying with state election law; (2) Conduct statewide training for election officers and county election commissioners; (3) Adopt all necessary rules regarding training referred to in subdivision (f)(2) of this section and develop procedures for monitoring attendance; (4) Monitor all election law-related legislation; (5) Formulate, adopt, and promulgate all necessary rules to assure even and consistent application of voter registration laws and fair and orderly election procedures; (6) (A) Appoint certified election monitors to any county upon a signed, written request under oath filed with the board and a determination by the board that appointing a monitor is