As used in this part:

1. (1) “Complainant" means any person who files a complaint with the State Board of Election Commissioners, hereinafter referred to as the “board”, alleging that a violation of any election or voter registration law under the State Board of Election Commissioners’ jurisdiction has occurred;

2. (2) “Corrective actions” means a resolution to a complaint in which the State Board of Election Commissioners directs the respondent to take an action or to refrain from an action so as to cause the respondent to:

   1. (A) Comply with the requirements of an election or voter registration law; or
   2. (B) Prevent the violation of an election or voter registration law in the future;
3. (3) “County board” means a county board of election commissioners;
4. (4) “Dismissed” means a resolution to an allegation within a complaint in which the allegation is resolved without the imposition of a statutory sanction;

5. (5) “Election laws” includes provisions of law from the following sources that concern elections conducted by county boards of election commissioners in conjunction with the county clerk:

   1. (A) The Constitution of the United States;
   2. (B) The Arkansas Constitution;
   3. (C) Statutory provisions enacted by the United States or the State of Arkansas;
   4. (D) Final court decisions of general applicability in state or federal court; and
   5. (E) Rules promulgated by the United States or the State of Arkansas;

6. (6)

   1. (A) “Election official” means a person:

      1. (i) Who is a member of the county board of election commissioners;
      2. (ii) Who performs election coordinator duties;

      3. (iii) Who is a poll worker designated by a county board of election commissioners to be:

         1. (a) (a) An election clerk;
         2. (b) (b) An election judge;
      4. (c) (c) An election sheriff; or
      5. (d) (d) A deputy county clerk; or
      6. (iv) Assigned by a county clerk to conduct early voting.

   2. (B) “Election official” includes a person:

      1. (i) Who serves as a member of the county board of election commissioners;

      2. (ii) Who is appointed by the county board of election commissioners to serve as:

         1. (a) (a) An election coordinator;
         2. (b) (b) A person appointed to perform tasks related to the election that require the handling of:
7. (1) (1) Ballots; or

8. (2) (2) Other election materials or equipment;

   1. (c) (c) An election clerk;

      1. (d) (d) An election judge;

         1. (e) (e) An election sheriff; or
         2. (f) (f) An absentee ballot clerk; or
      2. (iii) Assigned by a county clerk to conduct early voting administered by the county clerk;

9. (7) “Federal election cycle” means the:

   1. (A) Preferential primary;
   2. (B) General primary;
   3. (C) General election; and
   4. (D) General election runoff;
10. (8) “Frivolous” means clearly lacking any basis in fact or law;

11. (9) “HAVA” means the federal Help America Vote Act of 2002, Pub. L. No. 107-252, that:

    1. (A) Established the United States Election Assistance Commission to assist in the administration of federal elections; and

    2. (B) Allocated federal funds to states for election administration improvements, including:

       1. (i) Replacing punch card and lever voting machines;
       2. (ii) Improving accessibility for voters with disabilities;
       3. (iii) Implementing a statewide voter registration system;
       4. (iv) Voter and election official training; and
       5. (v) Other improvements;
12. (10) “Letter of caution” means a written disposition of an allegation against any person that is advisory in nature, clearly giving notice to the respondent that his or her action or lack of action is a violation of law;

13. (11)

    1. (A) “Letter of instruction” means a written disposition of an allegation against an election official or county clerk issued in furtherance of the State Board of Election Commissioners’ responsibility to provide training for election officials.

    2. (B) A letter of instruction may be issued when the State Board of Election Commissioners:

       1. (i) Lacks authority to adjudicate a complaint;
       2. (ii) Makes no finding that an election law violation occurred; or
       3. (iii) Determines that a letter of instruction is preferable to a statutory sanction;

14. (12)

    1. (A) “Letter of reprimand” means a written disposition of an allegation against any person that is condemnatory in nature, clearly giving notice to the respondent that his or her action or lack of action is a violation of the law.
    2. (B) The reprimand will require the respondent to refrain from engaging in the same activity again.
    3. (C) A reprimand shall be considered more severe than a caution or warning;

15. (13) “Letter of warning” means a written disposition of an allegation against any person that is condemnatory in nature, expressing:

    1. (A) Strong disapproval for the respondent’s misconduct; and
    2. (B) The view that the misconduct undermines public confidence in the integrity of the election process;
16. (14) “Public hearing” means a hearing on a complaint by the State Board of Election Commissioners, open to the public, to adjudicate a complaint;

17. (15) “Refer to the proper authority” means to dismiss from the administrative process and to forward all information relating to the complaint to another law enforcement entity when the State Board of Election Commissioners determines that the:

    1. (A) Available information indicates a violation of a criminal law or of a civil law enforced by another agency; and
    2. (B) Allegations either do not fall within the jurisdiction of the State Board of Election Commissioners or further administrative action may damage a future criminal case;
18. (16) “Respondent” means any person whose actions are asserted, in a complaint filed with the State Board of Election Commissioners, to be in violation of any election or voter registration law under the State Board of Election Commissioners’ jurisdiction;
19. (17) “State board” means the State Board of Election Commissioners;
20. (18) “Statutory sanction” means a letter of caution, warning, or reprimand, a corrective action, a decertification, direct administration of a county’s election, or a fine that can be imposed pursuant to the State Board of Election Commissioners’ statutory authority to sanction violations of election and voter registration laws; and

21. (19) “Voter registration laws” includes provisions of law from the following sources that concern voter registration:

    1. (A) The Constitution of the United States;
    2. (B) The Arkansas Constitution;
    3. (C) Statutory provisions enacted by the United States or the State of Arkansas;
    4. (D) Final court decisions of general applicability in state or federal court; and
    5. (E) Rules promulgated by the United States or the State of Arkansas.

Codification Notes: The Help America Vote Act of 2002 is codified at 52 U.S.C. § 20901 et seq.