Ark. Code Ann. » Title 7 Chapter 04
Arkansas Code Annotated

Ark. Code Ann. § 7-4-102 (2020)

County boards of election commissioners — Election of members — Oath

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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      1. In January of each odd-numbered year following the election of county committee officers, members of the county board of election commissioners shall be elected by their respective county committees.
      2. A chair or secretary of a county political party shall not serve as a member of the county board of election commissioners.
    2. The membership of the county board of election commissioners shall be as follows:
      1. Two (2) members elected by the county committee of the majority party; and
      2. One (1) member elected by the county committee of the minority party.
    1. Within ten (10) days of the date of selection to the county board of election commissioners, the chair or secretary of each county committee shall notify the county clerk in writing of the names and addresses of those selected to serve on the county board of election commissioners.
    2. Upon receipt of the notice, the county clerk shall send to each of the county election commissioners, by registered mail, notice to appear before the clerk within thirty (30) days of selection as a county election commissioner to take and subscribe to the oath prescribed by the Arkansas Constitution.
    3. The oath shall be filed in the office of the county clerk and a duplicate forwarded to the Secretary of State.
  3. As soon as practicable following the election of members to the county board of election commissioners, the chair of the majority party of the county shall file with the county clerk and the Secretary of State a notice setting forth the names of the majority party's designated members of the county board of election commissioners, and the chair of the minority party shall file with the county clerk and the Secretary of State a notice setting forth the name of the minority party's member of the county board of election commissioners.
  4. The county board of election commissioners is deemed to consist of county officials, and its members shall be immune from tort liability pursuant to § 21-9-301.
  5. A member of the county board of election commissioners shall serve at the pleasure of his or her respective county committee, and a county committee may remove a member of the county board of election commissioners representing the county committee by majority vote of the county committee.
    1. A vacancy on the county board of election commissioners shall be filled by the election of a new member by the county committee of the appropriate party.
      1. The county committee shall elect a new member within forty-five (45) days of a vacancy.
      2. If the county committee fails to elect a new member within forty-five (45) days of a vacancy, the state chair of the appropriate party shall appoint a new member to the county board of election commissioners.

History. Acts 1969, No. 465, Art. 5, § 2; A.S.A. 1947, § 3-502; Acts 1987, No. 248, § 4; 1989, No. 522, § 1; 1989 (3rd Ex. Sess.), No. 73, § 1; 1993, No. 843, § 1; 1995, No. 1014, § 1; 1997, No. 647, § 2; 1999, No. 1422, § 2; 2007, No. 489, § 1; 2007, No. 559, § 2; 2011, No. 1056, § 1; 2019, No. 966, § 1.

A.C.R.C. Notes. Acts 2011, No. 1056, § 3, provided: “A member of a county board of election commissioners serving as of the effective date of this act shall continue to serve on the county board until his or her successor is selected by his or her respective county committee.”

Amendments. The 2007 amendment by No. 489 added present (e).

The 2007 amendment by No. 559 substituted “selected by the county committee of the majority party at the same time as the election of party officers” for “to be appointed by the State Board of Election Commissioners” in (a)(1); redesignated former (a)(2)(A) as present (a)(2); substituted “select a resident of the county qualified” for “elect someone” in (a)(2); deleted (a)(2)(B); substituted “select a resident of the county qualified” for “appoint someone” in (a)(3); deleted former (b) and redesignated the remaining subsections accordingly; rewrote present (b); and rewrote present (c).

The 2011 amendment rewrote (a); substituted “As soon as practicable, following the election of members to the county board” for “Between January 1 and January 31 of each year” in (c); rewrote (e); and added (f).

The 2019 amendment added the (a)(1)(A) designation; and added (a)(1)(B).

Case Notes

Removal of County Election Commissioners.

The position of county election commissioners being a public office with a fixed term, and there being no power of removal conferred by statute, the State Board of Election Commissioners had no authority to remove county election commissioners after their appointment and qualification. Warren v. McRae, 165 Ark. 436, 264 S.W. 940 (1924) (decision under prior law).

Where the State Board of Election Commissioners, without authority, attempted to remove a county board of election commissioners, their act, being quasi-judicial, could be quashed on certiorari. Warren v. McRae, 165 Ark. 436, 264 S.W. 940 (1924) (decision under prior law).

The proper legal proceeding to challenge eligibility of a candidate and seek his removal is by writ of mandamus coupled with a declaratory judgment action; the same rings true to disqualify a person who is serving as an election commissioner under this section. Morgan v. Neuse, 314 Ark. 4, 857 S.W.2d 826 (1993).

Selection of County Election Commissioners.

The federal court did not have jurisdiction of an action against the county election commission alleging abridgement of black citizens' right to vote based on the composition of the board. McGruder v. Phillips County Election Comm'n, 850 F.2d 406 (8th Cir. 1988).

Cited: Armstrong v. Sims, 715 F. Supp. 1440 (E.D. Ark. 1989).

Notes of Decisions
Cited in 4 cases, 1989–2014 · leading case: Morgan v. Neuse, 857 S.W.2d 826 (Ark. 1993).
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Morgan v. Neuse, 857 S.W.2d 826 (Ark. 1993). · cites it 6× “Neuse was appointed to the Washington County Board of Election Commissioners as the “third member” pursuant to Ark. Code Ann. § 7-4-102 (b) (Repl. 1991): (b)(1) The third member for each of the county boards of election commissioners shall be appointed by the State Board of…”
Arkansas State Bd. of Election Commissioners v. Pulaski Cnty. Election Comm'n, 2014 Ark. 236, 437 S.W.3d 80. · cites it 2× “A.C.A. § 7-4-102(a), as amended by Act 1056 of 2011.”
Clovis Jones v. Conway Cnty., 143 F.3d 417 (8th Cir. 1998). “See Ark.Code Ann. § 7-4-102(a)(1). The county election commissioners’ duties include determining and providing the appropriate number of ballot boxes for voting precincts under their jurisdiction, appointing the requisite number of election officials for each precinct, and…”
Armstrong v. Sims, 715 F. Supp. 1440 (E.D. Ark. 1989). · cites it 2× “Because the current election commissioners had been appointed to replace the ones originally named as defendants, see A.C.A. § 7-4-102, they were substituted *1442 pursuant to Rule 25(d)(1) by order dated December 15, 1988.”
Ark. Code Ann. § 7-4-102(a): 1 case
Arkansas State Bd. of Election Commissioners v. Pulaski Cnty. Election Comm'n, 2014 Ark. 236, 437 S.W.3d 80. “A.C.A. § 7-4-102(a), as amended by Act 1056 of 2011.”
Ark. Code Ann. § 7-4-102(a)(1): 1 case
Clovis Jones v. Conway Cnty., 143 F.3d 417 (8th Cir. 1998). “See Ark.Code Ann. § 7-4-102(a)(1). The county election commissioners’ duties include determining and providing the appropriate number of ballot boxes for voting precincts under their jurisdiction, appointing the requisite number of election officials for each precinct, and…”
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