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Serving as an
Election Commissioner
IS NOT
a ceremonial position.
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Serving as an
Election Commissioner
IS NOT
a ceremonial position.
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BASIC TRAINING WILL COVER
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Election Commissioner 101
Disqualifiers
Restrictions
Annual Financial Disclosure
Key points
County Clerk responsibilities
Election Commissioner responsibilities
Election Coordinators
Statutory requirements
Meetings
Relationships
Other good to know stuff
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WE WILL NOT COVER
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IDEAL ELECTION COMMISSIONER
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Has poll worker experience.
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Has the time to be effective.
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Willing to do the right thing.
✓
Has e-mail and uses the Internet.
✓
Able to understand the County Board of
Election Commissioners (CBEC) procedures
manual and voting laws.
✓
Leaves partisan politics at home.
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NOT A GOOD IDEA IF
X Plans to run for office.
X Limiting medical problems.
X Cannot attend training or stay current on procedural
changes.
X Immediate family member will be running for office.
X Does not have the time to devote to the duties.
X Has difficulty reading and interpreting written
procedures.
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ELECTION COMMISSIONER 101
❖ Elected in January of odd-numbered years.
❖ Serves at the pleasure of the county
can be removed by them.
committee and
❖ Two provisos for Republican commissioners.
❖ If a county committee fails to elect or there is none,
the state chair of that political party appoints a county
election commissioner.
❖ Deemed county officials only to be immune from law
suits for official actions.
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DISQUALIFIERS
❖ Found guilty of violating any election law.
❖ A paid employee of any political party or candidate.
❖ A paid employee of school district holding election.
❖ Cannot run for office except county committee.
❖ Married or related to a candidate running for
office while serving, if objection is made.
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Employed by a company doing business with the
CBEC.
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COMMISSIONERS CANNOT
Participate in the campaign of any person listed on
the county’s ballot.
AG Opinion 2007-281:
✓ Yard signs and bumper stickers are OK.
✓ Can make a financial contribution.
X Making phone calls on behalf of a candidate
hosting fund-raisers are prohibited.
or
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COMMISSIONERS MUST FILE
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ALL commissioners must disclose certain business
dealings with governmental entities by filing a
report with the Secretary of State.
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Deadline is January 31 or after being sworn in for
new commissioners.
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Must report sales of goods or services by
commissioner, spouse or business in excess of
$1,000 to state, city, county or school district.
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The disclosure form and filing procedures are
prescribed by Secretary of State.
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CBEC RESPONSIBILITIES
❖ Establish voting precinct boundaries.
❖ Redraw JP districts every ten years after Census.
❖ Select/designate all election polling sites.
❖ Appoint poll workers – post the list.
❖ Publish all required notices in newspaper.
❖ Conduct ballot position drawings.
❖ Certify ballots then review finished ballot.
❖ Conduct Logic & Accuracy testing/public demo.
❖ Train poll workers using a good certified trainer.
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❖ Conduct elections including early voting other than at
the courthouse.
❖ May operate Election Day Vote Centers.
❖ Deliver all voting equipment on time.
❖ Counts ALL votes (early, absentee, election day).
❖ Announce unofficial and certify election results.
❖ Make absentee and provisional ballot decisions.
❖ Conduct public meetings and hearings.
❖ Election night results reporting – maybe.
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CTY CLERK’S RESPONSIBILITIES
❖ Voter registration.
❖ Notifies voters of polling place changes.
❖ Accepts and certifies candidate filings to CBEC.
❖ Issues and receives back absentee ballots.
❖ Maintains absentee ballot register and log.
❖ Prepares precinct voter registration books.
❖ Conducts early voting at the courthouse.
❖ May operate Election Day vote centers.
❖ Provisional voter eligibility verification.
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Voter registration
Candidate filing
Ballot issue filing
Absentee ballots
Election reporting
Voting equipment
● Equipment training
● Voting law expert
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Election procedures
Preparing for elections
Conducting elections
Counting votes
Provisional ballots
Election complaints
Election monitors
Procedures training
County Clerk
Election Commission
County Attorney
Prosecuting Attorney
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RESOURCES TO ASSIST YOU
❖ State Board of Election Commissioners (SBEC) http:
//www.arkansas.gov/sbec/
Phone: (501) 682-1834 or (800) 411-6996
➢ Procedural questions.
➢ Provides the CBEC Procedures Manual.
❖ Conducts election commissioner training.
❖ Secretary of State (SOS) Elections Division -
http://www.sos.arkansas.gov
Phone: (501) 682-5070 or (800)482-1127
➢ Calendar, ballot, reporting or equipment questions.
➢ Provides an Arkansas Code book – bookmark key items.
❖ Emails calendar deadline notices.
❖ Conducts equipment and reporting training.
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❖ Arkansas County Election Commissions
Association (ACECA)
http://www.arelectioncommissions.org/
Phone: 501-225-4313
❖ County Prosecuting Attorney for legal advice.
❖ SOS legal expert for election law questions.
❖ Arkansas General Assembly
http://www.arkleg.state.ar.us
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WHO CHAIRS THE CBEC?
❖ Elected by CBEC majority vote, any member can
be chair (must be elected at least 30 days before
general election).
❖ AG Op 2013-023: Term begins when elected and
new chair may be elected after next odd-year
election of commissioners or upon resignation of
chair.
❖ AG Op 2011-034: Chair may not be removed from
that position by majority vote of CBEC.
❖ Commission may meet in executive session to
consider election of chair.
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CBEC MEETINGS
❖ Only chair can call meetings. Must notify all
members and meetings MUST BE PUBLIC.
❖ Advance FOIA notice to press (2 hours for
emergency meetings). Press must annually ask in
writing annually to be notified.
❖ Quorum is 2 members. Two concurring votes decide
most questions.
❖ Resolve disputes by majority vote.
❖ Paid a minimum of $25 per meeting.
❖ Must keep minutes and file with County Clerk.
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A FEW THINGS TO REMEMBER
❖ DO NOT discuss CBEC business in private or
privately via e-mail. E-mail is FOIA accessible.
❖ Minority member should be kept as equally
informed as the majority members and has the right
to appoint one less poll worker.
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Executive sessions are ONLY for specific personnel
issues. Must announce the intent of going into Xsession then announce and vote on what was
decided when finished in public session.
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❖ Three votes needed to change a poll’s location
except for school elections.
❖ Obtain public input before making key decisions.
❖ Agree who the CBEC spokesperson will be.
❖ A second not required on motions.
❖ Chair DOES NOT make executive decisions or set
policy – it is done by a majority vote.
❖ Commissioners DO NOT work for the
coordinator, county clerk or CBEC chair.
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ELECTION COORDINATORS ARE
❖ Hired/contracted by County Judge or is a County
Clerk employee unless county passes an
ordinance giving CBEC authority to hire/contract.
❖ Not an election official but good idea to have
them meet same criteria in case they have to fill in
for one.
❖ Performs the logistics and administrative
functions before, during and after an election.
❖ Commissioners retain responsibility and make
key decisions.
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ON ELECTION DAY,
❖ Handle voter and candidate problems.
❖ Check polling sites – see and be seen!
❖ Dress appropriately, wear a name tag.
❖ Monitor canvassing/counting of absentee ballots
and make determinations.
❖ Declare unofficial results including how many
overseas and military absentee are still out.
❖ Ensure manual audit of results is accomplished.
❖ Have all voting equipment picked up.
❖ Conduct recounts if necessary or requested.
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Election administration and
logistics varies by county.
Regardless of how any given county
operates, IT DOES NOT ABSOLVE
COMMISSIONERS of their
responsibility to ensure all
statutory requirements are met.
PRIMARY
REIMBURSEMENTS
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62 COMPLAINTS – 57 QUALIFIED
Commissioners
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Clerks Poll Workers
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Other
➢ Dismissed – 26
➢ Referred to Arkansas State Police and FBI - 15
➢ Referred to county prosecuting attorney - 5
➢ Letter of Caution - 1
➢ Letter of Warning - 1
➢ Letter of Instruction - 11
➢ Informational letter - 30
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➢ County committee failed to fill CBEC vacancy or
notify state party of vacancy.
➢ CBEC delegated too much authority to coordinator
and/or County Clerk, failed to meet.
➢ Not all members notified about meetings.
➢ Failed to take and file minutes.
➢ Certified ballot without clerk’s certification.
➢ Improper or questionable ballot position drawings.
➢ Failed to conduct logic & accuracy testing.
➢ Failed to post notice of poll change.
➢ Failed to publish public notices.
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➢ Chairman changed poll over minority objection.
➢ All required materials not posted at polls.
➢ Harassment of poll worker – voter interference.
➢ Intimidated poll worker by asking questions.
➢ Poll workers failed to post results tape.
➢ Failure to notify voters of poll location changes.
➢ Failure to post notice at previous polling site.
➢ Improper voter assistance by poll worker or election
commissioner.
➢ Illegal Electioneering at polling places.
➢ Voter ID request issues at polling places.
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➢ Learn and follow election laws in a non-partisan way.
➢ Meet all deadlines, publish notices, make designations.
➢ Ensure poll workers are trained and enforce the rules.
➢ Document those decisions in filed meeting minutes.
AND YOU WILL NOT HAVE ANY PROBLEMS
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HOW AN ELECTION DEVELOPS
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FIRST COMES THE BALLOT
❖ SOS/County clerk certify candidates or CBEC
receives a proclamation for a special election.
❖ CBEC conducts a ballot position drawing or verifies
ballot issue wording from requester.
❖ Determine styles, designs ballot then it goes to
printer/programmer either in-house or vendor.
❖ Proof read ballot and listen to the audio, then have
ballots printed and election programmed.
❖ Meet 47 absentee ballot day delivery deadline.
❖ Install election on voting machines/tabulators.
❖ Logic & Accuracy Test & public demonstration.
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WHAT IS A BALLOT STYLE?
❖ President and Senate – all voting precincts.
❖ Congress - all unless a dual Congressional District.
❖ State Constitutional Officers – all voting precincts.
❖ State Senator or Representative – depends on the
district’s boundary lines.
❖ Judgeships/district prosecuting attorneys – all.
❖ County Officials – all voting precincts.
❖ County JP’s – only precincts in that JP district.
❖ Constables – only the township and the boundary lines
may not match other boundary lines.
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❖ City municipal officers and city judges – all voting
precincts in that city
❖ City councils – only precincts in that ward; or all if
seats are “at-large” (smaller towns).
❖ School district boards – only for that zone unless
an at-large seat then all in the district.
❖ A school district election in one county can
include a polling place in an adjacent county.
❖ Required to obtain school district input on
polling places but it is a CBEC decision.
❖ Special elections – depends on the issue.
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CURRENT VOTING METHODS
❖ Paper ballots used for absentee voters and
Election Day/early voting provisional ballots.
❖ Early voting is mostly electronic because of the
number of different ballot styles.
❖ Election Day is a combination of electronic voting
and paper ballots.
❖ An audio capable machine for visually impaired at
each polling site. Can be a ballot marker or DRE
voting machine.
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COUNTING VOTES CAST
❖ Paper ballots – by a tabulator on site, or taken to a
central location. Results are downloaded to a
computer disk and a results report is printed.
❖ Electronic ballots – downloaded onto a disk and a
results tape is printed. Also produces a real time audit
log (RTAL) and has internal disk backup.
❖ Disks are uploaded into an election reporting program
that produces county total reports.
❖ A small number of damaged paper ballots that won’t
process, provisional ballots, and maybe a few
absentee ballots are counted by hand.
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EQUIPMENT CONSIDERATIONS
✓ Ease of training poll workers to operate.
✓ Voter acceptance.
✓ Anti tampering security and results backup.
✓ Electronic and paper results reporting products.
✓ Election programming costs.
✓ Maintenance and election supply costs.
✓ Ease of transporting and equipment durability.
✓ Battery charging needs, life, and replacement $$.
✓ Storage considerations (room temperature, moisture,
electricity).
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