§ 7-4-118 - Complaints of election law violations.
7-4-118. Complaints of election law violations.
(a) (1) The State Board of Election Commissioners may investigate alleged violations, render findings, and impose disciplinary action according to this subchapter for violations of election and voter registration laws, except:
(A) For the provisions in 7-1-103(a)(1)-(4), (6), and (7); and
(B) For any matters relating to campaign finance and disclosure laws that the Arkansas Ethics Commission shall have the power and authority to enforce according to 7-6-217 and 7-6-218.
(2) For purposes of subdivision (a)(1) of this section, the board may file a complaint.
(3) A complaint must be filed with the board in writing within thirty (30) days of an alleged voter registration violation or the election associated with the complaint.
(4) A complaint must clearly state the alleged election irregularity or illegality, when and where the alleged activity occurred, the supporting facts surrounding the allegations, and the desired resolution.
(5) A complaint must be signed by the complainant under penalty of perjury.
(6) (A) Filing a frivolous complaint is considered a violation of this subchapter.
(B) For purposes of this section, "frivolous" means clearly lacking any basis in fact or law.
(b) (1) Upon receipt by the board of a written complaint signed under penalty of perjury stating facts constituting an alleged violation of election or voter registration laws under its jurisdiction, the board shall proceed to investigate the alleged violation.
(2) The board may determine that:
(A) The complaint can be disposed of through documentary submissions; or
(B) Further investigation is necessary.
(3) The board may forward the complaint, along with the information and documentation as deemed appropriate, to the proper authority.
(4) (A) If the board determines that an investigation is necessary, the board shall provide a copy of the complaint with instructions regarding the opportunity to respond to the complaint to the party against whom the complaint is lodged.
(B) The board may administer oaths for the purpose of taking sworn statements from any person thought to have knowledge of any facts pertaining to the complaint.
(C) The board may request the party against whom the complaint is lodged to answer allegations in writing, produce relevant evidence, or appear in person before the board.
(D) The board may subpoena any person or the books, records, or other documents relevant to an inquiry by the board that are being held by any person and take sworn statements.
(E) The board shall provide the subject of the subpoena with reasonable notice of the subpoena and an opportunity to respond.
(F) The board shall advise in writing the complainant and the party against whom the complaint is lodged of the final action taken.
(c) If the board finds that probable cause exists for finding a violation of election or voter registration laws under its jurisdiction, the board may determine that a full public hearing be called.
(d) If the board finds a violation of election or voter registration laws under its jurisdiction, then the board may do one (1) or more of the following:
(1) Issue a public letter of caution, warning, or 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 or intentional violation;
(3) Report its findings, along with the information and documents as it deems appropriate, and make recommendations to the proper law enforcement authorities; or
(4) Assess costs for the investigation and hearing.
(e) (1) The board shall adopt rules governing the imposition of the fines in accordance with the provisions of the Arkansas Administrative Procedure Act, 25-15-201 et seq.
(2) (A) The board may file suit in the Pulaski County Circuit Court or in the circuit court of the county in which the debtor resides or, according to the Small Claims Procedure Act, 16-17-601 et seq. [repealed], in the small claims division of any district court in the State of Arkansas to obtain a judgment for the amount of any fine imposed according to its authority.
(B) The action by the court shall not involve further judicial review of the board's actions.
(C) 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 board.
(3) All moneys received by the board in payment of fines shall be deposited into the State Treasury as general revenues.
(f) (1) The board shall complete its investigation of a complaint filed according to this section and take final action within one hundred eighty (180) days of the filing of the complaint.
(2) However, if a hearing under subsection (c) of this section is conducted, all action on the complaint by the board shall be completed within two hundred forty (240) days.
(3) Any final action of the board under this section shall constitute an adjudication for purposes of judicial review under 25-15-212.
(g) (1) The board shall keep a record of all inquiries, investigations, and proceedings.
(2) Records relating to investigations by the board are exempt from the Freedom of Information Act of 1967, 25-19-101 et seq., until a hearing is set or the investigation by the Director of the Board of Election Commissioners is closed.
(3) The board may disclose, through its members or staff, otherwise confidential information to proper law enforcement officials, agencies, and bodies as may be required to conduct its investigation.