Arkansas Code Annotated

Ark. Code Ann. § 7-4-101 (2026)

State Board of Election Commissioners — Members — Officers — Meetings

✓ current as of May 2026

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The State Board of Election Commissioners shall be composed of the following seven (7) persons, with at least one (1) from each congressional district:
1. The Secretary of State;
2. One (1) person designated by the chair of the state Democratic Party;
3. One (1) person designated by the chair of the state Republican Party;
4. One (1) person to be chosen by the President Pro Tempore of the Senate;
5. One (1) person to be chosen by the Speaker of the House of Representatives; and
6. Two (2) persons to be chosen by the Governor, one (1) of whom shall be a county clerk and one (1) of whom shall have served for at least three (3) years as a county election commissioner.
The Secretary of State shall serve as the Chair of the State Board of Election Commissioners and the Secretary of the State Board of Election Commissioners.
Except for the Secretary of State and the county clerk, no member of the State Board of Election Commissioners shall be an elected public official.
1. The term on the State Board of Election Commissioners of the Secretary of State shall be concurrent with his or her term in office.
2. The county clerk shall hold the office of county clerk when appointed to the State Board of Election Commissioners and shall be removed as a member of the State Board of Election Commissioners if not in office.
3. 1. Members of the State Board of Election Commissioners appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be appointed for terms of two (2) years and shall continue to serve until successors have been appointed and taken the official oath.
  2. All other appointive members shall be appointed for terms of four (4) years and shall continue to serve until successors have been appointed and taken the official oath.
4. No appointive member shall be appointed to serve more than two (2) consecutive full terms.
5. 1. If a vacancy on the State Board of Election Commissioners occurs, a successor shall be appointed within thirty (30) days to serve the remainder of the unexpired term.
  2. The appointment shall be made by the official holding the office responsible for appointing the predecessor.
1. The State Board of Election Commissioners shall meet as needed upon call of the chair or upon written request to the chair of any four (4) members.
2. A majority of the membership of the State Board of Election Commissioners shall constitute a quorum for conducting business.
3. No sanctions shall be imposed without the affirmative vote of at least four (4) members of the State Board of Election Commissioners.
4. A meeting of the State Board of Election Commissioners may be chaired and conducted by:
  1. The Chair of the State Board of Election Commissioners; or
  2. 1. A person designated by the Chair of the State Board of Election Commissioners to act as chair for the meeting.
    2. If a person is designated by the Chair of the State Board of Election Commissioners under subdivision (e)(4)(B)(i) of this section:
      1. The designated person's presence shall count for a quorum to conduct business; and
      2. The designated person may vote in the meeting.
The State Board of Election Commissioners shall have the authority to:
1. Publish a candidate's election handbook, in conjunction with the office of the Secretary of State and the Arkansas Ethics Commission, which outlines in a readable and understandable format the legal obligations of a candidate and any other suggestions that might be helpful to a candidate in complying with state election law;
2. Conduct statewide training for election officers and county election commissioners;
3. Adopt all necessary rules regarding training referred to in subdivision (f)(2) of this section and develop procedures for monitoring attendance;
4. Monitor all election law-related legislation;
5. Formulate, adopt, and promulgate all necessary rules to assure even and consistent application of voter registration laws and fair and orderly election procedures;
6. 1. Appoint at least one (1) certified election monitor to a county upon a signed, written request under oath filed with the State Board of Election Commissioners and a determination by the State Board of Election Commissioners that appointing a monitor is necessary.
  2. The State Board of Election Commissioners shall certify at least one (1) election monitor in each congressional district.
  3. Certified election monitors shall serve as observers for the purpose of reporting to the State Board of Election Commissioners on the conduct of the election.
  4. The State Board of Election Commissioners may allow for reasonable compensation for election monitors;
7. Assist the county board of election commissioners in the performance of administrative duties of the election process if the State Board of Election Commissioners determines that assistance is necessary and appropriate;
8. 1. Formulate, adopt, and promulgate all necessary rules to establish uniform and nondiscriminatory administrative complaint procedures consistent with the requirements of Title IV of the federal Help America Vote Act of 2002.
  2. The cost of compliance with Title IV of the federal Help America Vote Act of 2002 shall be paid from the fund established to comply with the federal Help America Vote Act of 2002;
9. Investigate alleged violations, render findings, and impose disciplinary action according to § 7-4-120 for violations of election and voter registration laws, except as to § 7-1-103(a)(1)-(4), (6), and (7), and except for any matters relating to campaign finance and disclosure laws which the Arkansas Ethics Commission shall have the power and authority to enforce according to §§ 7-6-217 and 7-6-218;
10. Examine and approve in accordance with §§ 7-5-503 and 7-5-606 the types of voting machines and electronic vote tabulating devices used in any election;
11. Administer reimbursement of election expenses to counties in accordance with § 7-7-201(a) for primary elections, statewide special elections, and nonpartisan general elections;
12. Consider the certification of the ballot title and popular name submitted on a statewide initiative petition or statewide referendum petition under § 7-9-111;
13. Conduct post-election audits under § 7-4-121; and
14. Formulate, adopt, and promulgate rules to establish procedures for post-election audits conducted under § 7-4-121.
The Attorney General shall provide legal assistance to the State Board of Election Commissioners in answering questions regarding election laws.
1. The State Board of Election Commissioners may appoint a Director of the State Board of Election Commissioners, who may hire a staff.
2. The director shall serve at the pleasure of the State Board of Election Commissioners.
3. The State Board of Election Commissioners shall set the personnel policies in accordance with the Regular Salary Procedures and Restrictions Act, §§ 19-4-1601 and 21-5-101, and the Uniform Classification and Compensation Act, § 21-5-201 et seq.

History. Acts 1969, No. 465, Art. 5, §§ 2, 3; 1977, No. 783, § 1; A.S.A. 1947, §§ 3-502, 3-503; Acts 1993, No. 1092, § 1; 1995, No. 349, § 3; 1995, No. 352, § 3; 1995, No. 741, § 1; 1995, No. 929, § 1; 1995, No. 940, § 1; 1995, No. 1217, § 5; 1997, No. 647, § 1; 1999, No. 997, § 1; 2001, No. 1174, § 1; 2003, No. 994, § 14; 2003, No. 1161, § 1; 2005, No. 1827, § 1; 2007, No. 559, § 1; 2009, No. 250, § 2; 2013, No. 977, § 1; 2013, No. 1110, § 2; 2013, No. 1456, § 1; 2019, No. 376, § 2; 2019, No. 888, § 1.

A.C.R.C. Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 1995, Nos. 741, 929, 940, and 1214. Subsection (f) of this section was also amended by identical Acts 1995, Nos. 349 and 352, § 3, to read as follows:

“(f) The State Board of Election Commissioners may perform the following duties:

“(1) Publish a ‘plain English’ election handbook which addresses the ‘do's and dont's’ for candidates under Arkansas law;

“(2) Conduct statewide training for election clerks and judges and county election commissioners;

“(3) Monitor all election law-related legislation;

“(4) Conduct investigations of citizen complaints and issue advisory opinions regarding violations of election laws, except as to § 7-1-103(1) — (4), (6), (7), and (8), or except for any matter relating to campaign finance and disclosure laws, which the Arkansas Ethics Commission shall have the same power and authority to enforce as is provided the commission under §§ 7-6-217 and 7-6-218 for the enforcement of campaign finance laws;

“(5) To develop procedures for receiving citizen complaints which are referred to in subdivision (f)(4) of this section;

“(6) Establish guidelines for and monitor the qualifications of all election officials; and

“(7) Formulate, adopt, and promulgate all necessary rules and regulations to assure even and consistent application of fair and orderly election procedures.”

Section 7-4-120, enacted by Acts 2015, No. 1253 replaced § 7-4-118 [repealed].

Amendments. The 2009 amendment substituted “Secretary of State” for “elected state official” in (d)(1), and made a minor stylistic change.

The 2013 amendment by No. 977 rewrote (e)(4).

The 2013 amendment by No. 1110 deleted “judicial” following “nonpartisan” in (f)(11).

The 2013 amendment by No. 1456 inserted “at least one (1)” in (f)(6)(A); and inserted (f)(6)(B) and redesignated the remaining subdivisions accordingly.

The 2019 amendment by No. 376 added (f)(12).

The 2019 amendment by No. 888 added (f)(13) and (f)(14).

U.S. Code. The Help America Vote Act of 2002, referred to in (f)(8), is codified as 52 U.S.C. § 20901 et seq.

Research References

Ark. L. Rev.

Watkins, Open Meetings Under the Arkansas Freedom of Information Act, 38 Ark. L. Rev. 268.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Election Law, Help America Vote Act, 26 U. Ark. Little Rock L. Rev. 398.

Case Notes

Authority to Adopt Rules.

Under the separation of powers doctrine, the State Board of Election Commissioners lacked authority to establish a procedure for absentee voters where the General Assembly had provided a method by which an in-person voter could have cured any failure to provide proof of identity, did not provide a similar method for absentee voters, and although the Board had authority to promulgate rules to assure fair and orderly election procedures, it lacked authority to create election procedures. Ark. State Bd. of Election Comm'rs v. Pulaski County Election Comm'n, 2014 Ark. 236, 437 S.W.3d 80 (2014).

Effective Date of 2019 Amendment.

Emergency clause of Acts 2019, No. 376 was defective where the stated basis was “to avoid confusion in petition circulation”; Act 376 added additional requirements for getting a referendum on the election ballot, and the prospect of affording those who seek to file a ballot petition additional notice of new requirements for that petition, especially when the people would not be voting on any such initiatives or referenda for at least another 15 months, did not amount to an emergency under Ark. Const., Art. 5, § 1. Safe Surgery Ark. v. Thurston, 2019 Ark. 403, 591 S.W.3d 293 (2019) (sub. op.).

As the emergency clause of Acts 2019, No. 376 was ineffective and Act 376’s new requirements were not in effect at the time petitioner filed its proposed referendum and supporting signatures, mandamus was granted directing the Secretary of State to address petitioner's referendum filings (seeking a referendum on Acts 2019, No. 579) under the pre-Act 376 legal framework for initiatives and referenda. Safe Surgery Ark. v. Thurston, 2019 Ark. 403, 591 S.W.3d 293 (2019) (sub. op.).

Jurisdiction.

Circuit court clearly had jurisdiction to hear a candidate's petition where she was challenging the eligibility of a competing Court of Appeals candidate. Barrett v. Thurston, 2020 Ark. 36 (2020).

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 2014–2022 · leading case: Arkansas State Bd. of Election Commissioners v. Pulaski Cnty. Election Comm'n, 437 S.W.3d 80 (Ark. 2014).

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Arkansas State Bd. of Election Commissioners v. Pulaski Cnty. Election Comm'n, 437 S.W.3d 80 (Ark. 2014). · cites it 4× “The ASBEC, in its motion for summary judgment, asserted that, pursuant to Ark. Code Ann. § 7-4-101 (f)(5) (Supp.2013), it was authorized to promulgate the emergency rules because the rules were necessary to assure fair and orderly election procedures.”

Martin v. Kohls, 2014 Ark. 427 (Ark. 2014). · cites it 4× “Pursuant to Arkansas Code Annotated section 7-4-101(f)(2) (Supp. 2013), the State Board of Election Commissioners has the authority to “[c]onduct statewide training for election officers and county election commissioners.”

Stephanie Potter Barrett v. John Thurston, in His Off. Capacity as Sec'y of State, 2020 Ark. 36 (Ark. 2020). · cites it 2× “The basis for Lengefeld’s contention is Arkansas Code Annotated section 7-4-101(f)(9), which grants the board the authority to investigate alleged violations, render findings, and impose disciplinary action for violations of election and voter registration laws.”

Ark. St. Bd. of Elec. Comm'rs v. PCEC, 2014 Ark. 215 (Ark. 2014). · cites it 10× “” Ark. Code Ann. § 7-4-101 (f)(5). The ASBEC and Webb claim that the ASBEC had the authority to promulgate the rules at issue because the General Assembly was silent on the matter and because nothing in the election code prohibited it from doing so.”

Ark. St. Bd. of Elec. Comm'rs v. PCEC, 2014 Ark. 236 (Ark. 2014). · cites it 10× “” Ark. Code Ann. § 7-4-101 (f)(5). The ASBEC and Webb claim that the ASBEC had the authority to promulgate the rules at issue because the General Assembly was silent on the matter and because nothing in the election code prohibited it from doing so.”

Ark. St. Bd. of Elec. Comm'rs v. PCEC (Ark. 2014). · cites it 10× “” Ark. Code Ann. § 7-4-101 (f)(5). The ASBEC and Webb claim that the ASBEC had the authority to promulgate the rules at issue because the General Assembly was silent on the matter and because nothing in the election code prohibited it from doing so.”

League of Women Voters of Arkansas v. Thurston (W.D. Ark. 2021). · cites it 3× “Ark. Code Ann. § 7-4-101 (f)(2), (5); § 7-4-107(a)(2).”

Suttlar v. Thurston (E.D. Ark. 2022). “§ 7-4-101(b). Defendants removed the case from Pulaski County Circuit Court on April 22, 2022, citing 28 U.”

League of Women Voters of Arkansas v. Thurston (W.D. Ark. 2020). “§ 7-4-101(f)(2), (7). And if election procedures allowing notice and an opportunity to cure absentee ballot signature deficiencies are required by the United States Constitution, it is no impediment to relief that Arkansas law does not allow the State Board to create that…”

— Ark. Code Ann. § 7-4-101(b) — 1 case

Suttlar v. Thurston (E.D. Ark. 2022). “§ 7-4-101(b). Defendants removed the case from Pulaski County Circuit Court on April 22, 2022, citing 28 U.”

— Ark. Code Ann. § 7-4-101(f)(2) — 2 cases

Martin v. Kohls, 2014 Ark. 427 (Ark. 2014). “Pursuant to Arkansas Code Annotated section 7-4-101(f)(2) (Supp. 2013), the State Board of Election Commissioners has the authority to “[c]onduct statewide training for election officers and county election commissioners.”

— Ark. Code Ann. § 7-4-101(f)(5) — 4 cases

Arkansas State Bd. of Election Commissioners v. Pulaski Cnty. Election Comm'n, 437 S.W.3d 80 (Ark. 2014). “The ASBEC, in its motion for summary judgment, asserted that, pursuant to Ark. Code Ann. § 7-4-101 (f)(5) (Supp.2013), it was authorized to promulgate the emergency rules because the rules were necessary to assure fair and orderly election procedures.”

Ark. St. Bd. of Elec. Comm'rs v. PCEC, 2014 Ark. 215 (Ark. 2014). “” Ark. Code Ann. § 7-4-101 (f)(5). The ASBEC and Webb claim that the ASBEC had the authority to promulgate the rules at issue because the General Assembly was silent on the matter and because nothing in the election code prohibited it from doing so.”

Ark. St. Bd. of Elec. Comm'rs v. PCEC, 2014 Ark. 236 (Ark. 2014). “” Ark. Code Ann. § 7-4-101 (f)(5). The ASBEC and Webb claim that the ASBEC had the authority to promulgate the rules at issue because the General Assembly was silent on the matter and because nothing in the election code prohibited it from doing so.”

Ark. St. Bd. of Elec. Comm'rs v. PCEC (Ark. 2014). “” Ark. Code Ann. § 7-4-101 (f)(5). The ASBEC and Webb claim that the ASBEC had the authority to promulgate the rules at issue because the General Assembly was silent on the matter and because nothing in the election code prohibited it from doing so.”

— Ark. Code Ann. § 7-4-101(f)(9) — 1 case

Stephanie Potter Barrett v. John Thurston, in His Off. Capacity as Sec'y of State, 2020 Ark. 36 (Ark. 2020). “The basis for Lengefeld’s contention is Arkansas Code Annotated section 7-4-101(f)(9), which grants the board the authority to investigate alleged violations, render findings, and impose disciplinary action for violations of election and voter registration laws.”

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