Arkansas 2025 Regular Session

Arkansas Senate Bill SB291 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 279 of the Regular Session
3	2		SSS133 02/25/2025 8:45:20 AM SSS133
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 SENATE BILL 291 3
7	6		4
8	7		By: Senator K. Hammer 5
9	8		By: Representative Rose 6
10	9		7
11	10		For An Act To Be Entitled 8
12	11		AN ACT TO AMEND THE LAW CONCERNING COMPLAINTS OF 9
13	12		ELECTION LAW VIOLATIONS; TO AMEND THE DEADLINES FOR 10
14	13		COMPLAINTS OF ELECTION LAW VIOLATIONS; AND FOR OTHER 11
15	14		PURPOSES. 12
16	15		13
17	16		14
18	17		Subtitle 15
19	18		TO AMEND THE LAW CONCERNING COMPLAINTS 16
20	19		OF ELECTION LAW VIOLATIONS; AND TO AMEND 17
21	20		THE DEADLINES FOR COMPLAINTS OF ELECTION 18
22	21		LAW VIOLATIONS. 19
23	22		20
24	23		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
25	24		22
26	25		SECTION 1. Arkansas Code § 7 -4-120(b)(1)(A), concerning complaints of 23
27	26		election law violations filed with the State Board of Election Commissioners, 24
28	27		is amended to read as follows: 25
29	28		(b)(1)(A) A complaint shall be filed with the State Board of Election 26
30	29		Commissioners in writing no earlier than the date established by law for the 27
31	30		delivery or mailing of absentee ballots to a voter and no later than thirty 28
32	31		(30) days following the deadline to certify an election by a county board of 29
33	32		election commissioners forty-nine (49) days prior to the date of the election 30
34	33		and no later than forty -nine (49) days following the date of the election of 31
35	34		the following: 32
36	35		(i) An alleged violation of the laws regarding 33
37	36		elections including without limitation: 34
38	37		(a) Voter registration; 35
39	38		(b) Requests for absentee ballots; 36 SB291
40	39
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42	41		(c) Delivery of absentee ballots; 1
43	42		(d) Casting of ballots; 2
44	43		(e) Ballot tabulation; 3
45	44		(f) Certification of election results; 4
46	45		(g) Administration of an election; 5
47	46		(h) Election processes; or 6
48	47		(i) Conduct of an election; or 7
49	48		(ii) The election or elections affected or 8
50	49		associated with the complaint. 9
51	50		10
52	51		SECTION 2. Arkansas Code § 7 -4-120(b)(1)(B), concerning the contents 11
53	52		of a complaint of election laws filed with the State Board of Election 12
54	53		Commissioners, is amended to read as follows: 13
55	54		(B) A complaint may be referred to the State Board of 14
56	55		Election Commissioners by the Joint Performance Review Committee and is not 15
57	56		subject to the thirty (30) day filing requirement under this subdivision 16
58	57		(b)(1). 17
59	58		18
60	59		SECTION 3. Arkansas Code § 7 -4-120(c)(2)-(4), concerning complaints of 19
61	60		election law violations filed with the State Board of Election Commissioners, 20
62	61		are amended to read as follows: 21
63	62		(2) Except as provided in subdivisions (c)(3) and (4) of this 22
64	63		section, records under this section are exempt from disclosure under the 23
65	64		Freedom of Information Act of 1967, § 25 -19-101 et seq., until: 24
66	65		(A) A hearing by the State Board of Election Commissioners 25
67	66		is set Thirty (30) days after the final adjudication at which the State Board 26
68	67		of Election Commissioners makes a final decision, at which point the records 27
69	68		of the investigation upon which the State Board of Election Commissioners has 28
70	69		based its findings shall be opened to public inspection ; or 29
71	70		(B) The investigation by the State Board of Election 30
72	71		Commissioners is closed by the State Board of Election Commissioners A public 31
73	72		hearing before the State Board of Election Commissioners is set . 32
74	73		(3) The State Board of Election Commissioners shall may 33
75	74		disclose, through its members or staff, otherwise confidential information to 34
76	75		proper law enforcement officers, agencies, and other entities as is necessary 35
77	76		to conduct the investigation under this section. 36 SB291
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80	79		(4) The records of the investigation upon which the State Board 1
81	80		of Election Commissioners has based its findings shall be opened to public 2
82	81		inspection thirty (30) days after the final adjudication in which the State 3
83	82		Board of Election Commissioners makes a final decision Election monitor 4
84	83		reports generated by a state election monitor are not subject to the 5
85	84		exemptions under this subsection . 6
86	85		7
87	86		SECTION 4. Arkansas Code § 7 -4-120(i)(1), concerning complaints of 8
88	87		election law violations filed with the State Board of Election Commissioners, 9
89	88		is amended to read as follows: 10
90	89		(i)(1) The State Board of Election Commissioners shall conclude its 11
91	90		investigation and take its final action under this section within one hundred 12
92	91		eighty (180) one hundred eighty-two (182) days of the filing of a complaint 13
93	92		final deadline to file a complaint for the election . 14
94	93		15
95	94		SECTION 5. Arkansas Code § 7 -4-120(i)(3) and (4), concerning 16
96	95		complaints of election law violations filed with the State Board of Election 17
97	96		Commissioners, are amended to read as follows: 18
98	97		(3) However, if If the State Board of Election Commissioners 19
99	98		fails to take its final action within one hundred eighty (180) one hundred 20
100	99		eighty-two (182) days following the deadline to file a complaint , the final 21
101	100		administrative action shall be effective within one hundred eighty (180) one 22
102	101		hundred eighty-two (182) days of the filing of the complaint following the 23
103	102		deadline to file a complaint . 24
104	103		(4) If the State Board of Election Commissioners makes its offer 25
105	104		of settlement and the offer is rejected under this section, the State Board 26
106	105		of Election Commissioners may conduct a hearing and shall take final action 27
107	106		under this section within two hundred forty (240) two hundred forty-five 28
108	107		(245) days. 29
109	108		30
110	109		SECTION 6. Arkansas Code § 7 -4-124(f), concerning an election 31
111	110		integrity review conducted by the State Board of Election Commissioners, is 32
112	111		amended to read as follows: 33
113	112		(f) If a county official refuses to provide records requested to 34
114	113		conduct a review under this section, the board may consider the failure to 35
115	114		provide documents as an indication that a criminal election law violation has 36 SB291
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118	117		occurred authorizing the filing of a complaint under § 7 -4-120 more than 1
119	118		thirty (30) forty-nine (49) days after the deadline to certify the election. 2
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122		-	~~APPROVED: 3/12/25~~ 5
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