(a)
- (1) No public servant shall 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.
- (2) 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.
- (3) Public servants who have usual office hours but are on call twenty-four (24) hours a day would only be prohibited from campaigning for another candidate during their usual office hours.
- (b) No public servant shall circulate an initiative or referendum petition or solicit signatures on an initiative or referendum petition in any public office of the state, county, or municipal governments of Arkansas or while on duty for any state agency or any county or municipal government in Arkansas.
- (c) No public servant shall 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.
(d)
- (1) No public servant shall 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.
- (2) “Campaign materials” refers to the campaign of a candidate for public office and efforts to support or oppose a ballot measure, except as provided in Arkansas Code § 7‑1‑111.
(e)
- (1) No public servant shall use for campaign purposes any item of personal property provided with public funds.
- (2) “Campaign purposes” refers to the campaign of a candidate for public office and efforts to support or oppose a ballot measure, except as provided in Arkansas Code § 7‑1‑111.
- (f) No person shall assess any public employee for any political purpose whatever or coerce by threats or otherwise any public employee into making a subscription or contribution for any political purpose.
- (g) No person shall place any campaign banners, campaign signs, or other campaign literature on any cars, trucks, tractors, or other vehicles belonging to the State of Arkansas or any municipality, county, or school district in the state.
(h)
(1)
- (A) 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”, “Paid Political Ad”, or “Paid for by” the candidate, committee, or person who paid for the message.
- (B) Both the persons placing and the persons publishing the articles, statements, or communications shall be responsible for including the required disclaimer.
- (C) In addition, 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 “Paid Political Advertisement”, “Paid Political Ad”, or “Paid for by”, “Sponsored by”, or “Furnished by” the true sponsor of the advertisement.
- (D) Both the persons placing and the persons publishing the articles, statements, or communications shall be responsible for including the required disclaimer.
(2)
- (A) Printed campaign materials, as defined in 7 CAR § 3-101(21), shall clearly contain the words "Paid for by" followed by the name of the candidate, committee, or person who paid for the:
(i) Campaign sign;
(ii) Campaign literature; or
- (iii) Other printed campaign materials.
(B) Subdivision (h)(2)(A) of this section applies only to campaign signs, campaign literature, and other printed campaign materials created by or sponsored by:
- (i) A political candidate;
- (ii) The campaign of a political candidate;
- (iii) A political action committee; or
- (iv) An independent expenditure committee.
- (C) When the printed campaign material is a two-sided sign, the “Paid for by” language required by this subsection shall appear on both sides of the sign.
- (D) The candidate printing the campaign sign, campaign literature, or other printed campaign materials shall be responsible for including the language required by subdivision (h)(2) of this section.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following footnotes: A footnote to 7 CAR § 3-146(a)(2) cited "50 Ark. Code Ann. § 7-1-103(a)(2)(A)". A footnote to 7 CAR § 3-146(a)(3) cited "51 Arkansas Ethics Commission Opinion No. 2002-EC-005". A footnote to 7 CAR § 3-146(b) cited "52 Ark. Code Ann. § 7-1-103(a)(2)(B)". A footnote to 7 CAR § 3-146(c) cited "53 Ark. Code Ann. § 7-1-103(a)(2)(C)". A footnote to 7 CAR § 3-146(d)(1) cited "54 Ark. Code Ann. § 7-1-103(a)(3)". A footnote to 7 CAR § 3-146(d)(2) cited "55 Ark. Code Ann. § 7-1-111 was established by Act 312 of 2013 and falls outside of the Arkansas Ethics Commission’s jurisdiction. Pursuant thereto, an elected official or a person appointed to an elective office is permitted to expend or permit the expenditure of public funds to support or oppose a ballot measure. It is noted that Ark. Code Ann. § 7-1-111 does not: limit the freedom of speech of a public servant or governmental body, including without limitation verbal expressions of views supporting or opposing a ballot measure; prohibit a governmental body from expressing an opinion on a ballot measure through the passage of a resolution or proclamation; prohibit the incidental use of state resources by a public servant, including without limitation travel costs, when speaking at an event in which a ballot measure is discussed if the subject matter of the speaking engagement is within the scope of the official duties and responsibilities of the public servant; or prohibit the dissemination of public information at a speaking engagement and the incidental use of state resources in the analysis and preparation of that public information if the subject matter of the public information is within the scope of the official duties and responsibilities of the public servant". A footnote to 7 CAR § 3-146(e)(1) cited "56 Ark. Code Ann. § 7-1-103(a)(3)". A footnote to 7 CAR § 3-146(e)(2) cited "57 See Footnote 56". A footnote to 7 CAR § 3-146(f) cited "58 Ark. Code Ann. § 7-1-103(a)(4)". A footnote to 7 CAR § 3-146(g) cited "59 Ark. Code Ann. § 7-1-103(a)(6)". A footnote to 7 CAR § 3-146(h)(1)(D) cited "60 Ark. Code Ann. § 7-1-103(a)(7)". A footnote to 7 CAR § 3-146(h)(2)(C) cited "61 This subsection shall be effective on and after November 1, 2023."