Stricken language would be deleted from and underlined language would be added to present law.
Act 279 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 291 3
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By: Senator K. Hammer 5
By: Representative Rose 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING COMPLAINTS OF 9
ELECTION LAW VIOLATIONS; TO AMEND THE DEADLINES FOR 10
COMPLAINTS OF ELECTION LAW VIOLATIONS; AND FOR OTHER 11
PURPOSES. 12
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Subtitle 15
TO AMEND THE LAW CONCERNING COMPLAINTS 16
OF ELECTION LAW VIOLATIONS; AND TO AMEND 17
THE DEADLINES FOR COMPLAINTS OF ELECTION 18
LAW VIOLATIONS. 19
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
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SECTION 1. Arkansas Code § 7 -4-120(b)(1)(A), concerning complaints of 23
election law violations filed with the State Board of Election Commissioners, 24
is amended to read as follows: 25
(b)(1)(A) A complaint shall be filed with the State Board of Election 26
Commissioners in writing no earlier than the date established by law for the 27
delivery or mailing of absentee ballots to a voter and no later than thirty 28
(30) days following the deadline to certify an election by a county board of 29
election commissioners forty-nine (49) days prior to the date of the election 30
and no later than forty -nine (49) days following the date of the election of 31
the following: 32
(i) An alleged violation of the laws regarding 33
elections including without limitation: 34
(a) Voter registration; 35
(b) Requests for absentee ballots; 36 SB291
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(c) Delivery of absentee ballots; 1
(d) Casting of ballots; 2
(e) Ballot tabulation; 3
(f) Certification of election results; 4
(g) Administration of an election; 5
(h) Election processes; or 6
(i) Conduct of an election; or 7
(ii) The election or elections affected or 8
associated with the complaint. 9
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SECTION 2. Arkansas Code § 7 -4-120(b)(1)(B), concerning the contents 11
of a complaint of election laws filed with the State Board of Election 12
Commissioners, is amended to read as follows: 13
(B) A complaint may be referred to the State Board of 14
Election Commissioners by the Joint Performance Review Committee and is not 15
subject to the thirty (30) day filing requirement under this subdivision 16
(b)(1). 17
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SECTION 3. Arkansas Code § 7 -4-120(c)(2)-(4), concerning complaints of 19
election law violations filed with the State Board of Election Commissioners, 20
are amended to read as follows: 21
(2) Except as provided in subdivisions (c)(3) and (4) of this 22
section, records under this section are exempt from disclosure under the 23
Freedom of Information Act of 1967, § 25 -19-101 et seq., until: 24
(A) A hearing by the State Board of Election Commissioners 25
is set Thirty (30) days after the final adjudication at which the State Board 26
of Election Commissioners makes a final decision, at which point the records 27
of the investigation upon which the State Board of Election Commissioners has 28
based its findings shall be opened to public inspection ; or 29
(B) The investigation by the State Board of Election 30
Commissioners is closed by the State Board of Election Commissioners A public 31
hearing before the State Board of Election Commissioners is set . 32
(3) The State Board of Election Commissioners shall may 33
disclose, through its members or staff, otherwise confidential information to 34
proper law enforcement officers, agencies, and other entities as is necessary 35
to conduct the investigation under this section. 36 SB291
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(4) The records of the investigation upon which the State Board 1
of Election Commissioners has based its findings shall be opened to public 2
inspection thirty (30) days after the final adjudication in which the State 3
Board of Election Commissioners makes a final decision Election monitor 4
reports generated by a state election monitor are not subject to the 5
exemptions under this subsection . 6
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SECTION 4. Arkansas Code § 7 -4-120(i)(1), concerning complaints of 8
election law violations filed with the State Board of Election Commissioners, 9
is amended to read as follows: 10
(i)(1) The State Board of Election Commissioners shall conclude its 11
investigation and take its final action under this section within one hundred 12
eighty (180) one hundred eighty-two (182) days of the filing of a complaint 13
final deadline to file a complaint for the election . 14
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SECTION 5. Arkansas Code § 7 -4-120(i)(3) and (4), concerning 16
complaints of election law violations filed with the State Board of Election 17
Commissioners, are amended to read as follows: 18
(3) However, if If the State Board of Election Commissioners 19
fails to take its final action within one hundred eighty (180) one hundred 20
eighty-two (182) days following the deadline to file a complaint , the final 21
administrative action shall be effective within one hundred eighty (180) one 22
hundred eighty-two (182) days of the filing of the complaint following the 23
deadline to file a complaint . 24
(4) If the State Board of Election Commissioners makes its offer 25
of settlement and the offer is rejected under this section, the State Board 26
of Election Commissioners may conduct a hearing and shall take final action 27
under this section within two hundred forty (240) two hundred forty-five 28
(245) days. 29
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SECTION 6. Arkansas Code § 7 -4-124(f), concerning an election 31
integrity review conducted by the State Board of Election Commissioners, is 32
amended to read as follows: 33
(f) If a county official refuses to provide records requested to 34
conduct a review under this section, the board may consider the failure to 35
provide documents as an indication that a criminal election law violation has 36 SB291
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occurred authorizing the filing of a complaint under § 7 -4-120 more than 1
thirty (30) forty-nine (49) days after the deadline to certify the election. 2
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APPROVED: 3/12/25 5
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