(a) In the event that the State Board of Election Commissioners resolves a complaint with the decertification of an election official under Arkansas Code § 7-4-120(e)(5), the implementation of this sanction shall be governed by the following provisions:

1. (1) The State Board of Election Commissioners may only decertify an election official who is a respondent in the complaint being considered;

2. (2) An offer of settlement or a sanction imposed following a hearing may include a term of years for which the decertification will remain in effect within the following range:

   1. (A) Not less than two (2) federal election cycles; and
   2. (B) Not more than seven (7) federal election cycles;

3. (3) An offer of settlement or a sanction imposed following a hearing may include a permanent decertification as an election official in the State of Arkansas if the State Board of Election Commissioners makes the additional findings that the violation of election or voter registration law was:

   1. (A) Intentional;
   2. (B) Severe in nature; and
   3. (C) Of a nature that undermines the public confidence in the integrity of the election process; and

4. (4) Notice of decertification shall:

   1. (A) Be directed to the respondent or respondents; and
   2. (B) Also be sent to the following person if those persons are not respondents:

(i) The county board of election commissioners; and

1. (ii) The county clerk.

(b) Pursuant to the governing provision of state law, the county clerk is not:

1. (1) An election official for the purposes of this section; and
2. (2) Subject to decertification.