Arkansas Code Annotated

Ark. Code Ann. § 7-6-218 (2026)

Citizen complaints — Definition

✓ current as of May 2026

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1. Any citizen may file a complaint with the Arkansas Ethics Commission against a person covered by this subchapter, by § 7-1-103(a)(1)-(4), (6), or (7); the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; and Arkansas Constitution, Article 19, §§ 28-30, for an alleged violation of the subchapters or sections. For purposes of this subdivision (a)(1), the Arkansas Ethics Commission shall be considered a citizen.
2. A complaint must be filed within four (4) years after the alleged violation occurred. If the alleged violation is the failure to file a report or the filing of an incorrect report, the complaint shall be filed within four (4) years after the date the report was due.
1. 1. Upon a complaint stating facts constituting an alleged violation signed under penalty of perjury by any person, the Arkansas Ethics Commission shall investigate the alleged violation of this subchapter or § 7-1-103(a)(1)-(4), (6), or (7); the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; and Arkansas Constitution, Article 19, §§ 28-30.
  2. The Arkansas Ethics Commission shall immediately notify any person under investigation of the investigation and of the nature of the alleged violation.
  3. The Arkansas Ethics Commission in a document shall advise the complainant and the respondent of the final action taken, together with the reasons for the action, and such document shall be a public record.
  4. Filing of a frivolous complaint shall be a violation of this subchapter. For purposes of this section, “frivolous” means clearly lacking any basis in fact or law. In any case in which the Arkansas Ethics Commission has dismissed a complaint, the respondent may request in writing that the Arkansas Ethics Commission make a finding as to whether or not the complaint filed was frivolous. In the event that the Arkansas Ethics Commission finds that the complaint was frivolous, the respondent may file a complaint seeking sanctions as provided in subdivision (b)(4) of this section.
2. If, after the investigation, the Arkansas Ethics Commission finds that probable cause exists for a finding of a violation, the respondent may request a hearing. The hearing shall be a public hearing.
3. 1. The Arkansas Ethics Commission shall keep a record of its investigations, inquiries, and proceedings.
  2. 1. Except as provided in subdivision (b)(3)(B)(ii) of this section, all proceedings, records, and transcripts of any investigations or inquiries shall be kept confidential by the Arkansas Ethics Commission, unless the respondent requests disclosure of documents relating to investigation of the case, in case of a hearing under subdivision (b)(2) of this section, or in case of judicial review of a decision of the Arkansas Ethics Commission pursuant to § 25-15-212.
    2. 1. Through its members or staff, the Arkansas Ethics Commission may disclose confidential information to proper law enforcement officials, agencies, and bodies, or as may be required to conduct its investigation.
      2. If an investigation or inquiry concerns an attorney or judge, the Arkansas Ethics Commission may, through its members or staff, disclose confidential information to the Supreme Court Committee on Professional Conduct or the Judicial Discipline and Disability Commission.
  3. Thirty (30) days after any final adjudication in which the Arkansas Ethics Commission makes a finding of a violation, all records relevant to the investigation and upon which the Arkansas Ethics Commission has based its decision, except working papers of the Arkansas Ethics Commission and its staff, shall be open to public inspection.
4. If the Arkansas Ethics Commission finds a violation of this subchapter; § 7-1-103(a)(1)-(4), (6), or (7); § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; or Arkansas Constitution, Article 19, §§ 28-30, then the Arkansas Ethics Commission shall do one (1) or more of the following, unless good cause be shown for the violation:
  1. Issue a public letter of caution or warning or reprimand;
  2. 1. Notwithstanding the provisions of §§ 7-6-202, 7-9-409, 21-8-403, and 21-8-903, impose a fine of not less than fifty dollars ($50.00) nor more than three thousand five hundred dollars ($3,500) for negligent or intentional violation of this subchapter; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; or Arkansas Constitution, Article 19, §§ 28-30.
    2. The Arkansas Ethics Commission shall adopt rules governing the imposition of such fines in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
    3. All moneys received by the Arkansas Ethics Commission in payment of fines shall be deposited into the State Treasury as general revenues;
  3. Order the respondent to file or amend a statutorily required disclosure form; or
  4. 1. Report its finding, along with such information and documents as it deems appropriate, and make recommendations to the proper law enforcement authorities.
    2. When exercising the authority provided in this subdivision (b)(4), the Arkansas Ethics Commission is not required to make a finding of a violation of the laws under its jurisdiction.
5. 1. 1. Except as provided in subdivision (b)(5)(A)(iii) of this section, the Arkansas Ethics Commission shall complete its investigation of a complaint filed pursuant to this section and take final action within two hundred ten (210) days of the filing of the complaint.
    2. Except as provided in subdivision (b)(5)(A)(iii) of this section, if a hearing under subdivision (b)(2) of this section or other hearing of adjudication is conducted, all action on the complaint by the Arkansas Ethics Commission shall be completed within two hundred forty (240) days.
    3. If the Arkansas Ethics Commission requires additional time to complete its investigation under subdivision (b)(5)(A)(i) of this section or to complete its hearing or action under subdivision (b)(5)(A)(ii) of this section and gives written notice to the person who is under investigation or the subject of the hearing or action, the Arkansas Ethics Commission may extend the time to complete the investigation, hearing, or action by no more than sixty (60) days.
  2. However, such time shall be tolled during the pendency of any civil action, civil appeal, or other judicial proceeding involving those particular Arkansas Ethics Commission proceedings.
Any final action of the Arkansas Ethics Commission under this section shall constitute an adjudication for purposes of judicial review under § 25-15-212.

History. Init. Meas. 1990, No. 1, § 6; Acts 1995, No. 349, § 2; 1995, No. 352, § 2; 1999, No. 553, § 22; 2001, No. 1839, §§ 11-13; 2003, No. 195, § 7; 2007, No. 221, § 10; 2013, No. 1115, § 1; 2015, No. 1280, § 9; 2017, No. 256, § 1; 2019, No. 341, § 1; 2019, No. 547, § 1.

A.C.R.C. Notes. As originally enacted by Init. Meas. 1990, No. 1, § 6 subsection (a) began “Effective July 1, 1991.”

Amendments. The 2013 amendment substituted “Except as provided in subdivision (b)(3)(B)(ii) of this section, all” for “All” in (b)(3)(B)(i); redesignated former (b)(3)(B)(ii) as present (b)(3)(B)(ii) (a) ; substituted “Through” for “However, through” in present (b)(3)(B)(ii) (a) ; and added (b)(3)(B)(ii) (b)

The 2015 amendment inserted references to “Sections 28, 29, and 30 of Article 19 of the Arkansas Constitution” in (a)(1), (b)(1)(A), and twice in (b)(4); added “or sections” in the first sentence of (a)(1); and, in (b)(5)(A), substituted “two hundred ten (210) days” for “one hundred fifty (150) days” in the first sentence, and substituted “two hundred forty (240) days” for “one hundred eighty (180) days” in the second sentence.

The 2017 amendment substituted “the Arkansas Ethics Commission” for “the commission” throughout and deleted references to “§ 21-8-501 et seq. [repealed]” in (a)(1), (b)(1)(A), and (b)(4); substituted “shall” for “must” in (a)(2); substituted “subdivision (b)(4) of this section” for “§ 7-6-218(b)(4)” in (b)(1)(D); substituted “a decision of the Arkansas Ethics Commission” for “a commission decision” in (b)(3)(B)(i); and corrected the sequence of statutory references in (a)(1) and (b)(4)(B)(i).

The 2019 amendment by No. 341 substituted “three thousand five hundred dollars ($3,500)” for “two thousand dollars ($2,000)” in (b)(4)(B)(i).

The 2019 amendment by No. 547 added “Except as provided in subdivision (b)(5)(A)(iii) of this section” in (b)(5)(A)(i) and (b)(5)(A)(ii); and added (b)(5)(A)(iii).

Case Notes

Powers.

The commission has no power whatever to make any orders, much less to enforce them; the only “disciplinary action” it can take under § 7-6-217(h)(2) (now (g)(3)) is to make public a letter declaring what it has found in the way of a violation. Spradlin v. Ark. Ethics Comm'n, 314 Ark. 108, 858 S.W.2d 684 (1993).

While the commission may impose fines for violations, it has no power to prosecute under this subchapter; instead, the commission must refer the violations to the “proper law enforcement authorities ” who would then pursue a prosecution. Ark. Right to Life State Political Action Comm. v. Butler, 972 F. Supp. 1187 (W.D. Ark. 1997).

Validity of Statute.

State Attorney, as the government official charged with administering and enforcing Init. Meas. 1996, No. 1, and as the proper law enforcement authority to handle violations of the Act, was properly named as a defendant in action challenging the validity of the Act. Ark. Right to Life State Political Action Comm. v. Butler, 972 F. Supp. 1187 (W.D. Ark. 1997).

Plaintiffs had standing to pursue a pre-enforcement challenge of Init. Meas. 1996, No. 1 because the Act has been recently enacted, it facially restricted the plaintiffs, and violation of the statute could subject the plaintiffs to criminal prosecution. Ark. Right to Life State Political Action Comm. v. Butler, 972 F. Supp. 1187 (W.D. Ark. 1997).

Plaintiffs were not required to subject themselves to either the fine or term of imprisonment found in former § 7-6-202 or the penalties outlined in this section in order to challenge the constitutionality of the new restrictions; it is not required that a party expose herself to arrest or prosecution under a criminal statute in order to challenge the statute in federal court. Ark. Right to Life State Political Action Comm. v. Butler, 972 F. Supp. 1187 (W.D. Ark. 1997).

Because the Arkansas Ethics Commission investigates campaign-finance violations, levies fines against candidates, and makes referrals to law enforcement, the commissioners had a strong enough connection to a campaign finance law to make them proper defendants in a suit asserting a constitutional challenge. Jones v. Jegley, 947 F.3d 1100 (8th Cir. 2020).

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1993–2021 · leading case: Spradlin v. Arkansas Ethics Comm'n, 858 S.W.2d 684 (Ark. 1993).

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Spradlin v. Arkansas Ethics Comm'n, 858 S.W.2d 684 (Ark. 1993). · cites it 8× “A.C.A. § 7-6-218. These statutes, including the campaign financing statutes (A.”

Arkansas Right to Life State Political Action Comm. v. Butler, 972 F. Supp. 1187 (W.D. Ark. 1997). · cites it 6× “1995) or the penalties outlined in Ark.Code Ann. § 7-6-218 (Supp.1995) in order to challenge the constitutionality of the new restrictions.”

Peggy Jones v. Larry Jegley, 947 F.3d 1100 (8th Cir. 2020). “Because the Arkansas Ethics Commission investigates campaign-finance violations, levies fines against candidates, and makes referrals to law enforcement, Ark. Code § 7-6-218(b), the Commissioners have a “strong enough” connection to the challenged law to make them “proper…”

Arkansas Ethics Comm'n v. Susan K. Weaver, 2021 Ark. 38 (Ark. 2021). · cites it 2× “” See Ark. Code Ann. § 7-6-218 (b)(4) (Supp. 2019) (authorizing the Commission to sanction after it “finds a violation”).”

— Ark. Code Ann. § 7-6-218(4)(A) — 1 case

Arkansas Right to Life State Political Action Comm. v. Butler, 972 F. Supp. 1187 (W.D. Ark. 1997). “1995) or the penalties outlined in Ark.Code Ann. § 7-6-218 (Supp.1995) in order to challenge the constitutionality of the new restrictions.”

— Ark. Code Ann. § 7-6-218(b) — 1 case

— Ark. Code Ann. § 7-6-218(b)(4) — 2 cases

Spradlin v. Arkansas Ethics Comm'n, 858 S.W.2d 684 (Ark. 1993). “A.C.A. § 7-6-218. These statutes, including the campaign financing statutes (A.”

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