(a) When an appeal is filed under Arkansas Code § 7-5-101(d)(4), the Director of the State Board of Election Commissioners shall:

1. (1) Promptly review the appeal;
2. (2) Notify the county board of election commissioners that the appeal has been filed and provide an opportunity to respond to the appeal in writing;
3. (3) Conduct a review of the poll assignments of the county at issue in the appeal;
4. (4) Provide the appeal and a report analyzing the appeal to the State Board of Election Commissioners;
5. (5) Notify the appellant and the county board of election commissioners when a meeting to consider the appeal has been scheduled; and
6. (6) Provide a draft order to the State Board of Election Commissioners.

(b) When an appeal under Arkansas Code § 7-5-101(d)(4) is filed, the State Board of Election Commissioners shall:

1. (1) Hold a public meeting no less than thirty (30) days prior to the date of the election at issue to consider the appeal;

2. (2) Consider:

   1. (A) The information provided in the appeal;
   2. (B) Any response from the county board of election commissioners; and
   3. (C) The information provided by staff;
3. (3) Determine whether the closure of each poll that is the subject of the appeal is permissible; and

4. (4) Issue an order:

   1. (A) Upholding each poll closure at issue in the appeal;
   2. (B) Prohibiting each poll closure at issue in the appeal; or
   3. (C) Dismissing the appeal as procedurally deficient.

(c) The State Board of Election Commissioners may:

1. (1) Hear testimony by the:

   1. (A) Appellant; and
   2. (B) County board of election commissioners; or

2. (2) Reach a determination on the basis of the written statement of the:

   1. (A) Appellant;
   2. (B) County board of election commissioners; and
   3. (C) Information provided by staff.

(f) If an appeal is filed that clearly fails to meet the requirements of Arkansas Code § 7-5-101(d)(4) and the rules governing these appeals, the staff shall:

1. (1) Contact the appellant using whatever contact information is provided;
2. (2) Inform the appellant of the deficiency; and
3. (3) Assist the appellant in filing a modified application.

(g) An appeal that is filed that omits any of the following information shall be considered deficient as a matter of law:

1. (1) The appellant’s name;
2. (2) The appellant’s signature attesting to the truthfulness of the statements in the appeal under penalty of perjury;
3. (3) A statement of the facts and circumstances that identify the location of the poll or polls that have been closed; or
4. (4) The appeal was untimely under this part.

(h)

1. (1) An appeal that is found deficient as a matter of law may be dismissed without a meeting of the State Board of Election Commissioners if:

   1. (A) The State Board of Election Commissioners attempts to notify the appellant of the deficiency using the information provided by the appeal; and
   2. (B) The applicant fails to provide the missing information:

(i) Within seven (7) days of the act of the county board of election commissioners close the poll; or

1. (ii) Within seven (7) days of receiving the appeal if the date the county board of election commissioners acted to close the poll or polls in question is unknown.

2. (2) The appeal received less than fifty-three (53) days prior to the date of the election shall be considered deficient as a matter of law and may be dismissed without a prior attempt to contact the appellant due to the appellant’s failure to file the appeal within seven (7) days of the last day for the county board of election commissioners to make changes to the location of polling sites.

   1. (i)

3. (1) To dismiss an appeal that is deficient as a matter of law, the director shall direct a letter to the appellant explaining why this appeal was:

   1. (A) Deficient; and
   2. (B) Eligible for dismissal.
4. (2) This letter and a copy of the appeal shall also be sent to the members of the State Board of Election Commissioners and the county board of election commissioners for the county at issue.