(a) If the State Board of Election Commissioners finds a violation of election or voter registration laws under its jurisdiction, then the State Board of Election Commissioners may render one (1) or more of the following sanctions:
(1) Issue a public letter of:
- (A) Caution;
- (B) Warning; or
- (C) Reprimand;
- (2) Impose a fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000) for each negligent, knowing, or intentional violation;
- (3) Issue conditional directives that corrective actions be taken that, if not satisfied based on the terms of that directive, will result in additional sanctions;
- (4) Decertify a county election official;
- (5) Institute the direct administration of the county’s election pursuant to Arkansas Code § 7-4-120(e)(6);
- (6) Report its findings and other evidence to the proper law enforcement authorities along with recommendations; or
- (7) Order payment of the costs for the investigation and hearing.
- (b) The State Board of Election Commissioners may issue one (1) or more of the above sanctions for a violation of election or voter registration laws within the State Board of Election Commissioners’ jurisdiction.
- (c) In lieu of or in addition to imposing the statutory sanctions set out above, the State Board of Election Commissioners may issue a letter of instruction or refer the complaint and related evidence to the proper authority when the State Board of Election Commissioners determines that the circumstances warrant.
(d) In determining the imposition of fines upon a finding of a violation, the State Board of Election Commissioners may consider all surrounding circumstances including, but not limited to:
- (1) The seriousness of the violation;
- (2) Whether the violation was intentional or negligent;
(3) Whether the respondent demonstrated good faith by consulting the staff of the:
- (A) State Board of Election Commissioners; or
- (B) Local county board of election commissioners;
- (4) Whether the violation was isolated or part of a pattern; and
- (5) Whether the respondent showed good cause for the violation.
(e)
- (1) For violators who have not previously received a statutory sanction, fines will range from not less than twenty-five dollars ($25.00) to not more than five hundred dollars ($500) for each negligent or intentional violation.
(2) Fines for violators who have previously received a statutory sanction will:
- (A) Range from not less than one hundred dollars ($100) to not more than one thousand dollars ($1,000); and
- (B) Be determined on a case-by-case basis depending upon the nature and degree of the negligent or intentional violation.
- (f) In the event a fine is not paid by the specified time, the State Board of Election Commissioners may file suit in the Pulaski County Circuit Court, the circuit court, or the small claims division of the appropriate district court of the county in which the debtor resides to obtain a judgment for any fine imposed according to its authority.
- (g) The fee normally charged for the filing of a suit in any of the circuit or district courts in the State of Arkansas shall be waived on behalf of the State Board of Election Commissioners.
- (h) All moneys received by the State Board of Election Commissioners in payment of fines shall be deposited in the State Treasury as general revenues.