1. (a)

   1. (1) The State Board of Election Commissioners is an agency of the state government composed of seven appointed commissioners and a staff.
   2. (2) The entities who appoint board members, the qualifications of board members, the terms of board members, and other duties and responsibilities of the board are set out in Arkansas Code § 7-4-101.

2. (b)

   1. (1) The legislature has:

      1. (A) Empowered the board to enforce:

3. (i) Election laws; and

   1. (ii) Voter registration laws; and

      1. (B) Delegated to the board the authority to promulgate rules to ensure:

         1. (i) Even and consistent application of voter registration laws; and
         2. (ii) Fair and orderly election procedures.

   2. (2) The board also:

      1. (A) Develops resources to educate and assist:

         1. (i) Candidates; and
         2. (ii) County election administrators;
      2. (B) Develops specialized training programs;
      3. (C) Conducts and coordinates statewide training of county election commissioners and election officials;
      4. (D) Monitors compliance by local election authorities with federal and state election laws;

      5. (E) Investigates complaints of alleged:

         1. (i) Election misconduct; and
         2. (ii) Election law violations; and

      6. (F) Distributes funds to the counties for state-supported:

         1. (i) Political party primary elections;
         2. (ii) Nonpartisan general elections;
         3. (iii) Special primary elections; and
         4. (iv) Statewide special elections.
         5. (c)
   3. (1) The Secretary of State is the Chair of the State Board of Election Commissioners and the Secretary of the State Board of Election Commissioners.
   4. (2) The chair or a person designated by the chair conducts meetings of the board.

   5. (3) The chair’s designee:

      1. (A) Is the chair’s proxy;
      2. (B) Counts toward a quorum to conduct business; and

      3. (C) May vote in the meeting.

         1. (d)
   6. (1) The board may form such committees or subcommittees as it deems necessary or appropriate to accomplish its legal aims and statutory purposes.

   7. (2) The board may:

      1. (A) Appoint one (1) or more of its members to an unofficial committee or subcommittee; and
      2. (B) Invite nonboard members to participate as unofficial committee or subcommittee members.

4. (e) At any meeting of the board, four (4) members constitute a quorum, whether:

   1. (1) In person; or
   2. (2) By electronic or telephonic means.

5. (f)

   1. (1) A majority of the members of the board present shall vote on any matter before the board for any decision of the board to become effective.
   2. (2) However, no sanctions for violations of election laws or voter registration laws may be imposed without the affirmative vote of at least four (4) members.

6. (g) The following matters shall be by motion, followed by a second, for a vote of the board to be valid:

   1. (1) All matters requiring affirmative action by:

      1. (A) The full board; or
      2. (B) One (1) of its members;
   2. (2) All decisions on public positions taken by the full board;
   3. (3) All decisions on declaratory orders; and
   4. (4) All decisions regarding findings of fact and conclusions of law or other actions regarding a person accused of violating the board’s rules or laws under the board’s jurisdiction.

7. (h) The board may by majority vote delegate the execution of any official duty or action to:

   1. (1) Its chair;
   2. (2) One (1) of the other members; or

   3. (3) The Director of the State Board of Election Commissioners.

      1. (i) A vacancy on the board shall not impair the right of the board to exercise its statutory powers and authority, subject to the requirement that a quorum be present and participating before any action of the board shall be considered valid.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following at the end of subsection (c): “[A.C.A. § 7-4-101(e)(4)]”. This section contained the following at the end of subsection (f): "[A.C.A. § 7-4-101(e)(3)]".