7-6-101. Campaign services contract — Right of action.
No action shall be brought to charge any person upon any contract, promise, or agreement for any service rendered to or for him or her as a candidate in any election in this state or in aid of his or her campaign for the nomination to any office in this state unless the agreement, promise, or contract, upon which said action shall be brought, or some memorandum or note thereof, shall be made in writing and signed by the party to be charged therewith, or signed by some other person by him or her thereunto properly authorized in writing.
History
Acts 1969, No. 465, Art. 11, § 1; A.S.A. 1947, § 3-1101.
7-6-102. Political practices pledge — Penalty for falsification.
(a)
(1) Candidates for political party nominations for state or district offices shall file with the Secretary of State and candidates for county, municipal, or township offices shall file with the county clerk of the county during the filing period set out in § 7-7-203 for the preferential primary election a pledge in writing stating that they are familiar with the requirements of §§ 7-1-103, 7-1-104, 7-3-108, 7-6-101, 7-6-103, 7-6-104, and this section and will comply in good faith with their terms.
(2) An independent candidate or school district candidate shall file the political practices pledge at the time of filing the petition for nomination.
(3) Independent candidates for municipal office shall file the political practices pledge with the county clerk at the time of filing the petition for nomination.
(4) Write-in candidates shall file the political practices pledge at the time of filing the notice to be a write-in candidate.
(5) A nonpartisan candidate paying filing fees in accordance with § 7-10-103(b) shall file the political practices pledge at the time of filing for office.
(6) A nonpartisan candidate filing by petition according to § 7-10-103(c) shall file the political practices pledge at the time of filing the petition.
(b) All political practices pledge forms for state or district offices and county, municipal, or township offices shall contain the following additional pledge:
“I hereby certify that I have never been convicted of a felony in Arkansas or in any other jurisdiction outside of Arkansas.”
(c) Any person who has been convicted of a felony and signs the pledge stating that he or she has not been convicted of a felony shall be guilty of a Class D felony.
(d) For purposes of this section, a person shall be qualified to be a candidate for a state, district, county, municipal, and township office and may certify that he or she has never been convicted of a felony if his or her record was expunged in accordance with §§ 16-93-301 — 16-93-303, or a similar expunction statute in another state if the candidate presents a certificate of expunction from the court that convicted the candidate.
(e)
(1) The name of a candidate who fails to sign and file the pledge shall not appear on the ballot.
(2)
(A) Within two (2) days of the date the pledge is required to be filed, the Secretary of State or the county clerk shall notify by certified mail that requires a return receipt signed by the candidate those candidates who have failed to file a signed political practice pledge and include a copy of the written pledge required by this section.
(B) Failure of the state or district candidate to file with the Secretary of State or of the county, municipal, or township candidate to file with the county clerk within five (5) days of receipt or refusal of this notice shall prevent the candidate's name from appearing on the ballot.
History
Acts 1969, No. 465, Art. 11, § 3; 1970 (1st Ex. Sess.), No. 27, § 1; 1972 (1st Ex. Sess.), No. 37, § 3; 1972 (1st Ex. Sess.), No. 42, § 3; 1983, No. 244, § 1; A.S.A. 1947, §§ 3-1103, 3-1103.1; Acts 1987, No. 248, § 10; 1989, No. 755, § 1; 1989, No. 912, § 3; 1995, No. 665, § 2; 1997, No. 886, § 1; 2003, No. 542, § 1; 2003, No. 1731, § 2; 2005, No. 67, § 15; 2007, No. 222, § 1; 2007, No. 1049, § 20; 2013, No. 1110, § 6.
7-6-103. Campaign participation by judges — Penalty — Definition.
(a) It shall be unlawful for any judge of the district or circuit courts and any Justice of the Supreme Court or Judge of the Court of Appeals to participate in the campaign of any candidate for office at any election, other than his or her own.
(b) The word “participation”, as used in this section, shall mean the managing of another's campaign or any solicitation on his or her behalf.
(c) Participation shall be deemed to be misfeasance and malfeasance in office and shall subject the judge to impeachment therefor.
History
Acts 1969, No. 465, Art. 11, § 6; A.S.A. 1947, § 3-1106; Acts 2005, No. 1994, § 261.
7-6-104. Defamatory political broadcasts.
Neither the owner, licensee, nor operator of a visual or sound radio broadcasting station or network of stations nor his or her agents or employees shall be liable for any damages for any defamatory statement published or uttered in, or as a part of, a visual or sound broadcast by a candidate for political office in those instances in which, under the acts of Congress or the rules and regulations of the Federal Communications Commission, the broadcasting station or network is prohibited from censoring the script of the broadcast.
History
Acts 1969, No. 465, Art. 11, § 8; A.S.A. 1947, § 3-1108.
7-6-105. Use of sound equipment — Penalty for interference.
(a) When any citizen of Arkansas becomes a candidate in any primary or general election and complies with all the laws pertaining thereto, then the candidate shall be entitled to go into any city, town, municipality, or rural community in Arkansas and operate his or her acoustical or sound equipment between the hours of 8:00 a.m. and 9:00 p.m. notwithstanding any town or city ordinance to the contrary.
(b) Any person who interferes in any manner with the right granted in this section shall be guilty of a Class B misdemeanor.
History
Acts 1969, No. 465, Art. 13, §§ 1, 2; A.S.A. 1947, §§ 3-1301, 3-1302; Acts 2005, No. 1994, § 394.
7-6-201. Definitions.
As used in this subchapter:
(1)
(A) “Approved political action committee” means any person that:
(i) Receives contributions from one (1) or more persons in order to make contributions to candidates, ballot question committees, legislative question committees, political parties, county political party committees, or other political action committees;
(ii) Does not accept any contribution or cumulative contributions in excess of five thousand dollars ($5,000) from any person in any calendar year; and
(iii) Registers pursuant to § 7-6-215 prior to making contributions.
(B) “Approved political action committee” does not include an organized political party as defined in § 7-1-101, a county political party committee, the candidate's own campaign committee, an exploratory committee, or a ballot question committee or legislative question committee as defined in § 7-9-402;
(2) “Candidate” means any individual who has knowingly and willingly taken affirmative action, including solicitation of funds, for the purpose of seeking nomination for or election to any public office;
(3) [Repealed.]
(4)
(A) “Contribution” means, whether direct or indirect, advances, deposits, or transfers of funds, contracts, or obligations, whether or not legally enforceable, payments, gifts, subscriptions, assessments, payment for services, dues, advancements, forbearance, loans, or pledges or promises of money or anything of value, whether or not legally enforceable, to a candidate, committee, or holder of elective office made for the purpose of influencing the nomination or election of any candidate.
(B)
(i) “Contribution” includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events; the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; and any payments for the services of any person serving as an agent of a candidate or committee by a person other than the candidate or committee or persons whose expenditures the candidates or committee must report under this subchapter.
(ii) “Contribution” further includes any transfer of anything of value received by a committee from another committee.
(C) “Contribution” shall not include noncompensated, nonreimbursed, volunteer personal services or travel;
(5) “Contribution and expenditure” shall not include activity sponsored and funded by a political party that meets the definition of a political party under § 7-1-101 or a political party that meets the requirements of § 7-7-205 to promote its candidates or nominees through events such as dinners, luncheons, rallies, or similar gatherings and shall not include nonpartisan activity designed to encourage individuals to register to vote or to vote or any communication by any membership organization to its members or stockholders if the membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election or election of any candidate;
(6) “County political party committee” means a person that:
(A) Is organized at the county level for the purpose of supporting its affiliate party and making contributions;
(B) Is recognized by an organized political party, as defined in § 7-1-101, as being affiliated with that political party;
(C) Receives contributions from one (1) or more persons in order to make contributions to candidates, ballot question committees, legislative question committees, political parties, political action committees, or other county political party committees;
(D) Does not accept any contribution or cumulative contributions in excess of five thousand dollars ($5,000) from any person in any calendar year; and
(E) Registers pursuant to § 7-6-226 prior to making contributions;
(7) “Election” means each election held to nominate or elect a candidate to any public office, including school elections. For the purposes of this subchapter, a preferential primary, a general primary, a special election, and a general election shall each constitute a separate election;
(8) “Expenditure” means a purchase, payment, distribution, gift, loan, or advance of money or anything of value, and a contract, promise, or agreement to make an expenditure, made for the purpose of influencing the nomination or election of any candidate;
(9)
(A) “Exploratory committee” means a person that receives contributions which are held to be transferred to the campaign of a single candidate in an election.
(B) “Exploratory committee” shall not include:
(i) A political party:
(a) That meets the definition of a political party under § 7-1-101; or
(b) A political party that meets the requirements of § 7-7-205; or
(ii) The candidate's own campaign committee;
(10) “Financial institution” means any commercial bank, savings and loan, mutual savings bank or savings bank, insurance company brokerage house, or any corporation that is in the business of lending money and that is subject to state or federal regulation;
(11) “Independent expenditure” means an expenditure which is not a contribution and:
(A) Expressly advocates the election or defeat of a clearly identified candidate for office;
(B) Is made without arrangement, cooperation, or consultation between a candidate or an authorized committee or agent of the candidate and the person making the expenditure or an authorized agent of that person; and
(C) Is not made in concert with or at the request or suggestion of a candidate or an authorized committee or agent of the candidate;
(12) “Independent expenditure committee” means any person that receives contributions from one (1) or more persons in order to make an independent expenditure and is registered pursuant to § 7-6-227 prior to making expenditures;
(13)
(A) “Legislative caucus committee” means a person that is composed exclusively of members of the General Assembly, that elects or appoints officers and recognizes identified legislators as members of the organization, and that exists for research and other support of policy development and interests that the membership hold in common.
(B) “Legislative caucus committee” includes, but is not limited to, a political party caucus of the General Assembly, the Senate, or the House of Representatives.
(C) An organization whose only nonlegislator member is the Lieutenant Governor or the Governor is a “legislative caucus committee” for the purposes of this subchapter;
(14)
(A) “Person” means any individual, proprietorship, firm, partnership, joint venture, syndicate, labor union, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert.
(B) “Person” shall also include:
(i) A political party that meets the definition of a political party under § 7-1-101 or a political party that meets the requirements of § 7-7-205;
(ii) A county political party committee; and
(iii) A legislative caucus committee;
(15)
(A) “Prohibited political action committee” means any person that receives contributions from one (1) or more persons in order to make contributions to candidates, ballot question committees, legislative question committees, political parties, county political party committees, or other political action committees but that does not meet the requirements of an approved political action committee.
(B) “Prohibited political action committee” shall not include:
(i) A political party that meets the definition of a political party under § 7-1-101 or a political party that meets the requirements of § 7-7-205;
(ii) The candidate's own campaign committee;
(iii) A county political party committee;
(iv) An exploratory committee; or
(v) A ballot or legislative question committee;
(16) “Public office” means any office created by or under authority of the laws of the State of Arkansas or of a subdivision thereof that is filled by the voters, except a federal office;
(17)
(A) “Remaining campaign funds” means any balance of campaign funds over expenses incurred as of the day of the election except for:
(i) Any funds required to repay loans made by the candidate from his or her personal funds to the campaign; or
(ii) To repay loans made by financial institutions to the candidate and applied to the campaign.
(B) “Remaining campaign funds” does not include campaign signs, campaign literature, and other printed campaign materials that were:
(i) Purchased by the campaign;
(ii) Reported on the appropriate contribution and expenditure report for the campaign at the time of the purchase; and
(iii) Retained for use in a future campaign by the same candidate; and
(18)
(A) “Written instrument” means a check on which the contributor is directly liable or which is written on a personal account, trust account, partnership account, business account, or other account that contains the contributor's funds.
(B) As used in § 7-6-204 in the case of a contribution by credit card or debit card, “written instrument” includes without limitation:
(i) A paper record signed by the cardholder, provided that the paper record contains the following information for the cardholder at the time of making the contribution:
(a) Valid name;
(b) Complete address;
(c) Place of business;
(d) Employer; and
(e) Occupation; or
(ii) In the case of a contribution made through the internet, an electronic record created and transmitted by the cardholder, provided that the electronic record contains the following information for the cardholder at the time of making the contribution:
(a) Valid name;
(b) Complete address;
(c) Place of business;
(d) Employer; and
(e) Occupation.
History
Acts 1975, No. 788, § 1; 1977, No. 312, §§ 4, 7; A.S.A. 1947, § 3-1109; Acts 1987, No. 246, § 1; Init. Meas. 1990, No. 1, § 1; Acts 1993, No. 1209, § 2; Init. Meas. 1996, No. 1, § 1; Acts 1997, No. 491, § 1; 1999, No. 553, § 2; 2003, No. 195, § 1; 2005, No. 1284, § 2; 2005, No. 2006, § 1; 2009, No. 473, § 2; 2009, No. 1204, § 1; 2011, No. 721, § 2; 2013, No. 1126, §§ 9, 10; 2015, No. 1280, §§ 3, 4; 2021, No. 272, § 1; 2021, No. 737, §§ 1, 2.
7-6-202. Penalties.
A person who knowingly fails to comply with this subchapter shall upon conviction be guilty of a Class A misdemeanor unless a different penalty applies under this subchapter.
History
Acts 1975, No. 788, § 10; A.S.A. 1947, § 3-1118; Acts 2005, No. 1994, § 224; 2013, No. 1126, § 11; 2019, No. 879, § 1.
7-6-203. Contributions — Limitations — Acceptance or solicitation — Use as personal income — Disposition. [Effective until January 1, 2023.]
(a)
(1)
(A) It shall be unlawful for any candidate for any public office or for any person acting on the candidate's behalf to accept campaign contributions in excess of the maximum campaign contribution level established by rule of the Arkansas Ethics Commission under subsection (i) of this section per election from:
(i) An individual;
(ii) A political party that meets the definition of a political party under § 7-1-101;
(iii) A political party that meets the requirements of § 7-7-205;
(iv) A county political party committee;
(v) A legislative caucus committee; or
(vi) An approved political action committee.
(B) It shall be unlawful for a candidate for a public office or for any person acting on the candidate's behalf to accept a campaign contribution from a prospective contributor other than those under subdivisions (a)(1)(A)(i)-(vi) of this section.
(2) A candidate may accept a campaign contribution or contributions up to the maximum amount from any prospective contributor under subdivisions (a)(1)(A)(i)-(vi) of this section for each election, whether opposed or unopposed.
(b)
(1) It shall be unlawful for any person to make a contribution to a candidate for any public office or to any person acting on the candidate's behalf, which in the aggregate exceeds the maximum campaign contribution level established by rule of the Arkansas Ethics Commission per election.
(2) A person permitted to make a contribution or contributions under subdivisions (a)(1)(A)(i)-(vi) of this section may make a contribution or contributions up to the maximum amount to a candidate for each election, whether opposed or unopposed.
(c) The limitation shall not apply to loans made by a candidate from his or her own personal funds to the campaign, contributions made by a candidate from his or her personal funds to the campaign, or to personal loans made by financial institutions to the candidate and applied to his or her campaign.
(d)
(1) It shall be unlawful for any candidate for any public office or any person acting in the candidate's behalf to accept any contribution from a prohibited political action committee for any election.
(2) It shall be unlawful for any prohibited political action committee to make a contribution to a candidate for public office in an election.
(3) It shall be unlawful for any ballot question committee, legislative question committee, political party, county political party committee, or approved political action committee to accept any contribution from a prohibited political action committee.
(4) It shall be unlawful for any prohibited political action committee to make a contribution to:
(A) A ballot question committee;
(B) A legislative question committee;
(C) A political party;
(D) A county political party committee;
(E) An approved political action committee; or
(F) A prohibited political action committee.
(e) [Repealed.]
(f)
(1) A candidate shall not take any campaign funds as personal income.
(2) A candidate shall not take any campaign funds as income for his or her spouse or dependent children, except that:
(A) This subsection shall not prohibit a candidate who has an opponent from employing his or her spouse or dependent children as campaign workers;
(B) The use of campaign funds to pay a candidate's childcare expenses shall not be considered a taking of campaign funds as personal income if the campaign funds are used to pay for childcare for the time the candidate is engaging in campaign activity and the childcare expenses would not exist in the absence of the campaign; and
(C) Any candidate who has an opponent and who, during the campaign and before the election, takes a leave of absence without pay from his or her primary place of employment shall be authorized to take campaign funds during the campaign and before the election as personal income up to the amount of employment income lost as a result of the leave of absence.
(3) A candidate who takes campaign funds during the campaign and before the election under a leave of absence pursuant to the provisions of subdivision (f)(2) of this section may elect to treat the campaign funds as a loan from the campaign fund to the candidate to be paid back to the campaign fund by the candidate.
(4)
(A)
(i) For purposes of this subsection, a candidate or officeholder, who uses campaign funds to fulfill any commitment, obligation, or expense that would exist regardless of the candidate's campaign or officeholder activity, shall be deemed to have taken campaign funds as personal income.
(ii) Candidates or officeholders may use campaign funds to fulfill any commitment, obligation, or expense authorized by law, or permitted by an Arkansas Ethics Commission rule or opinion at the time of the expenditure, or reasonably and legitimately related to a campaign or officeholder activity.
(iii) If a candidate or officeholder is assessed a fine by the Arkansas Ethics Commission under § 7-6-218(b)(4)(B) for the use of campaign funds as personal income, a candidate or officeholder shall not use campaign funds or carryover funds to pay the fine.
(B) The use of campaign funds to purchase a cake or other perishable item of food at a fund-raising event held by a volunteer agency, as defined in § 16-6-103, shall not be considered a taking of campaign funds as personal income.
(C) The use of campaign funds to purchase advertising prior to the date the final report is due to be filed thanking voters for their support shall not be considered a taking of campaign funds as personal income.
(D) The use of campaign funds to pay a candidate's own personal expenses for food, lodging, or travel to attend a national presidential nominating convention shall not be considered a taking of campaign funds as personal income.
(5) If a candidate loses an election or if an officeholder is no longer in office, personal use of campaign funds remains prohibited by this section unless the expenses relate to a future candidacy and shall comply with subdivision (f)(4) of this section.
(6) Knowingly taking campaign funds as personal income is a:
(A) Class B felony if the value of the benefit is twenty-five thousand dollars ($25,000) or more;
(B) Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000);
(C) Class D felony if the value of the benefit is two thousand five hundred dollars ($2,500) or more but less than five thousand dollars ($5,000); or
(D) Class A misdemeanor if the value of the benefit is less than two thousand five hundred dollars ($2,500).
(7) It is an affirmative defense to a prosecution for taking campaign funds as personal income if the candidate or officeholder shows by a preponderance of the evidence that the personal property was retained as campaign funds, and the candidate or officeholder:
(A) Reported the personal property as campaign funds; and
(B) Retained or disposed of the personal property in the manner that is required by law for campaign funds.
(g)
(1) A candidate may turn over campaign funds to either:
(A) The Treasurer of State for the benefit of the General Revenue Fund Account of the State Apportionment Fund;
(B) A political party as defined in § 7-1-101 or a political party caucus of the General Assembly, the Senate, or the House of Representatives;
(C) A nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code;
(D) Cities of the first class, cities of the second class, or incorporated towns; or
(E) The contributors to the candidate's campaign.
(2)
(A) Remaining campaign funds may be maintained after an election and used to run for election or reelection.
(B) Nothing shall prohibit a person at any time from disposing of all or any portion of his or her campaign funds in the manner set out under subdivision (g)(1) of this section. However, the candidate shall not take the funds as personal income or as income for his or her spouse or dependent children.
(C)
(i) Campaign funds may be retained by a person for not more than ten (10) years after the last election at which he or she was a candidate, or if applicable, not more than ten (10) years after the last day that the person held office, and any remaining campaign funds shall be disposed of in the manner set out under subdivision (g)(1) of this section.
(ii)
(a) The officer with whom the person last filed a final campaign report shall provide the person timely notice of the requirements of this subdivision (g)(2)(C) prior to the expiration of the ten-year period.
(b) However, failure to provide the notice does not relieve the person of his or her obligation under this subsection.
(D)
(i) The use of campaign funds to pay an elected candidate's own personal expenses for food, lodging, conference fees, or travel to attend a conference related to the performance of his or her responsibilities as an elected official shall not be considered a taking of campaign funds as personal income.
(ii) The reimbursement of expenses shall be a result of travel and the source of the reimbursement shall be authorized under the rules of the House of Representatives or the Senate and used to reimburse the campaign account.
(iii) The reimbursement amount shall be reported in the elected candidate's campaign fund report.
(E) If a candidate or officeholder uses campaign funds or carryover funds to pay a fine imposed by the Arkansas Ethics Commission under § 7-6-218(b)(4)(B) for the use of campaign funds as personal income, the candidate or officeholder shall be deemed to have taken campaign funds as personal income.
(3) After the date of an election at which the person is a candidate for nomination or election, the person shall not accept campaign contributions for that election except for the sole purpose of raising funds to retire campaign debt.
(4) Campaign funds or remaining campaign funds given to a political party caucus shall be segregated in an account separated from other caucus funds and shall not be used:
(A) By the political party caucus to make a campaign contribution; or
(B) To provide any personal income to any candidate who donated campaign funds or remaining campaign funds.
(h) A candidate may maintain his or her campaign funds in one (1) or more campaign accounts. Campaign funds shall not be placed in an account containing personal or business funds.
(i) The Arkansas Ethics Commission shall establish the maximum campaign contribution limit by rule as follows:
(1) The adjusted campaign contribution limit shall be calculated from a base amount of two thousand dollars ($2,000) as of January 1, 2015;
(2) The contribution limits shall be adjusted at the beginning of each odd-numbered year in an amount equal to the percentage certified to the Federal Election Commission by the United States Bureau of Labor Statistics under 52 U.S.C. § 30116(c) as existing on January 1, 2015;
(3) If the amount after adjustment under subdivision (i)(2) of this section is not a multiple of one hundred dollars ($100), the Arkansas Ethics Commission shall round the amount to the nearest multiple of one hundred dollars ($100); and
(4) The Arkansas Ethics Commission shall promulgate rules identifying the adjusted contribution limit under this subsection.
History
Acts 1975, No. 788, § 2; 1977, No. 312, § 6; 1981, No. 690, § 1; A.S.A. 1947, § 3-1110; Init. Meas. 1990, No. 1, §§ 2, 3; Acts 1993, No. 1195, § 1; 1993, No. 1196, § 1; 1995, No. 863, §§ 1-3; 1995, No. 1296, § 41; Init. Meas. 1996, No. 1, §§ 2, 3; Acts 1997, No. 116, § 1; 1997, No. 491, §§ 2, 3; 1999, No. 553, § 3; 1999, No. 1057, § 1; 2001, No. 954, § 1; 2001, No. 1839, § 2; 2003, No. 195, §§ 2, 3; 2003, No. 248, § 1; 2005, No. 1284, §§ 3, 4; 2005, No. 1413, § 1; 2005, No. 1695, § 1; 2007, No. 221, § 2; 2009, No. 340, § 1; 2009, No. 473, §§ 3, 4; 2009, No. 1204, § 2; 2011, No. 721, §§ 3, 4; 2013, No. 382, § 1; 2013, No. 1110, § 7; 2015, No. 142, § 1; 2015, No. 1280, §§ 5-7; 2017, No. 318, § 1; 2019, No. 240, § 1; 2019, No. 845, § 1; 2019, No. 879, § 2; 2021, No. 254, §§ 1, 2; 2021, No. 324, §§ 1, 2; 2021, No. 384, §§ 1-3; 2021, No. 734, § 1; 2021, No. 737, §§ 3-6.
7-6-203. Contributions — Limitations — Acceptance or solicitation — Use as personal income — Disposition. [Effective January 1, 2023.]
(a)
(1)
(A) It shall be unlawful for any candidate for any public office or for any person acting on the candidate's behalf to accept campaign contributions in excess of the maximum campaign contribution level established by rule of the Arkansas Ethics Commission under subsection (i) of this section per election from:
(i) An individual;
(ii) A political party that meets the definition of a political party under § 7-1-101;
(iii) A political party that meets the requirements of § 7-7-205;
(iv) A county political party committee;
(v) A legislative caucus committee; or
(vi) An approved political action committee.
(B) It shall be unlawful for a candidate for a public office or for any person acting on the candidate's behalf to accept a campaign contribution from a prospective contributor other than those under subdivisions (a)(1)(A)(i)-(vi) of this section.
(2) A candidate may accept a campaign contribution or contributions up to the maximum amount from any prospective contributor under subdivisions (a)(1)(A)(i)-(vi) of this section for each election, whether opposed or unopposed.
(b)
(1)
(A) It shall be unlawful for any person to make a contribution to a candidate for any public office or to any person acting on the candidate's behalf, which in the total aggregate amount exceeds two thousand seven hundred dollars ($2,700) per election.
(B) The total aggregate amount per election is based on the total contributions made to a candidate by a donor during an election regardless of which office or offices the candidate is seeking, and the aggregate amount during an election applies even if a candidate:
(i) Seeks more than one (1) office during the election; or
(ii) Concludes a campaign or otherwise withdraws from the election.
(2) A person permitted to make a contribution or contributions under subdivisions (a)(1)(A)(i)-(vi) of this section may make a contribution or contributions up to the maximum amount to a candidate for each election, whether opposed or unopposed.
(c) The limitation shall not apply to loans made by a candidate from his or her own personal funds to the campaign, contributions made by a candidate from his or her personal funds to the campaign, or to personal loans made by financial institutions to the candidate and applied to his or her campaign.
(d)
(1) It shall be unlawful for any candidate for any public office or any person acting in the candidate's behalf to accept any contribution from a prohibited political action committee for any election.
(2) It shall be unlawful for any prohibited political action committee to make a contribution to a candidate for public office in an election.
(3) It shall be unlawful for any ballot question committee, legislative question committee, political party, county political party committee, or approved political action committee to accept any contribution from a prohibited political action committee.
(4) It shall be unlawful for any prohibited political action committee to make a contribution to:
(A) A ballot question committee;
(B) A legislative question committee;
(C) A political party;
(D) A county political party committee;
(E) An approved political action committee; or
(F) A prohibited political action committee.
(e) [Repealed.]
(f)
(1) A candidate shall not take any campaign funds as personal income.
(2) A candidate shall not take any campaign funds as income for his or her spouse or dependent children, except that:
(A) This subsection shall not prohibit a candidate who has an opponent from employing his or her spouse or dependent children as campaign workers;
(B) The use of campaign funds to pay a candidate's childcare expenses shall not be considered a taking of campaign funds as personal income if the campaign funds are used to pay for childcare for the time the candidate is engaging in campaign activity and the childcare expenses would not exist in the absence of the campaign; and
(C) Any candidate who has an opponent and who, during the campaign and before the election, takes a leave of absence without pay from his or her primary place of employment shall be authorized to take campaign funds during the campaign and before the election as personal income up to the amount of employment income lost as a result of the leave of absence.
(3) A candidate who takes campaign funds during the campaign and before the election under a leave of absence pursuant to the provisions of subdivision (f)(2) of this section may elect to treat the campaign funds as a loan from the campaign fund to the candidate to be paid back to the campaign fund by the candidate.
(4)
(A)
(i) For purposes of this subsection, a candidate or officeholder, who uses campaign funds to fulfill any commitment, obligation, or expense that would exist regardless of the candidate's campaign or officeholder activity, shall be deemed to have taken campaign funds as personal income.
(ii) Candidates or officeholders may use campaign funds to fulfill any commitment, obligation, or expense authorized by law, or permitted by an Arkansas Ethics Commission rule or opinion at the time of the expenditure, or reasonably and legitimately related to a campaign or officeholder activity.
(iii) If a candidate or officeholder is assessed a fine by the Arkansas Ethics Commission under § 7-6-218(b)(4)(B) for the use of campaign funds as personal income, a candidate or officeholder shall not use campaign funds or carryover funds to pay the fine.
(B) The use of campaign funds to purchase a cake or other perishable item of food at a fund-raising event held by a volunteer agency, as defined in § 16-6-103, shall not be considered a taking of campaign funds as personal income.
(C) The use of campaign funds to purchase advertising prior to the date the final report is due to be filed thanking voters for their support shall not be considered a taking of campaign funds as personal income.
(D) The use of campaign funds to pay a candidate's own personal expenses for food, lodging, or travel to attend a national presidential nominating convention shall not be considered a taking of campaign funds as personal income.
(5) If a candidate loses an election or if an officeholder is no longer in office, personal use of campaign funds remains prohibited by this section unless the expenses relate to a future candidacy and shall comply with subdivision (f)(4) of this section.
(6) Knowingly taking campaign funds as personal income is a:
(A) Class B felony if the value of the benefit is twenty-five thousand dollars ($25,000) or more;
(B) Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000);
(C) Class D felony if the value of the benefit is two thousand five hundred dollars ($2,500) or more but less than five thousand dollars ($5,000); or
(D) Class A misdemeanor if the value of the benefit is less than two thousand five hundred dollars ($2,500).
(7) It is an affirmative defense to a prosecution for taking campaign funds as personal income if the candidate or officeholder shows by a preponderance of the evidence that the personal property was retained as campaign funds, and the candidate or officeholder:
(A) Reported the personal property as campaign funds; and
(B) Retained or disposed of the personal property in the manner that is required by law for campaign funds.
(g)
(1) A candidate may turn over campaign funds to either:
(A) The Treasurer of State for the benefit of the General Revenue Fund Account of the State Apportionment Fund;
(B) A political party as defined in § 7-1-101 or a political party caucus of the General Assembly, the Senate, or the House of Representatives;
(C) A nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code;
(D) Cities of the first class, cities of the second class, or incorporated towns; or
(E) The contributors to the candidate's campaign.
(2)
(A) Remaining campaign funds may be maintained after an election and used to run for election or reelection.
(B) Nothing shall prohibit a person at any time from disposing of all or any portion of his or her campaign funds in the manner set out under subdivision (g)(1) of this section. However, the candidate shall not take the funds as personal income or as income for his or her spouse or dependent children.
(C)
(i) Campaign funds may be retained by a person for not more than ten (10) years after the last election at which he or she was a candidate, or if applicable, not more than ten (10) years after the last day that the person held office, and any remaining campaign funds shall be disposed of in the manner set out under subdivision (g)(1) of this section.
(ii)
(a) The officer with whom the person last filed a final campaign report shall provide the person timely notice of the requirements of this subdivision (g)(2)(C) prior to the expiration of the ten-year period.
(b) However, failure to provide the notice does not relieve the person of his or her obligation under this subsection.
(D)
(i) The use of campaign funds to pay an elected candidate's own personal expenses for food, lodging, conference fees, or travel to attend a conference related to the performance of his or her responsibilities as an elected official shall not be considered a taking of campaign funds as personal income.
(ii) The reimbursement of expenses shall be a result of travel and the source of the reimbursement shall be authorized under the rules of the House of Representatives or the Senate and used to reimburse the campaign account.
(iii) The reimbursement amount shall be reported in the elected candidate's campaign fund report.
(E) If a candidate or officeholder uses campaign funds or carryover funds to pay a fine imposed by the Arkansas Ethics Commission under § 7-6-218(b)(4)(B) for the use of campaign funds as personal income, the candidate or officeholder shall be deemed to have taken campaign funds as personal income.
(3) After the date of an election at which the person is a candidate for nomination or election, the person shall not accept campaign contributions for that election except for the sole purpose of raising funds to retire campaign debt.
(4) Campaign funds or remaining campaign funds given to a political party caucus shall be segregated in an account separated from other caucus funds and shall not be used:
(A) By the political party caucus to make a campaign contribution; or
(B) To provide any personal income to any candidate who donated campaign funds or remaining campaign funds.
(h) A candidate may maintain his or her campaign funds in one (1) or more campaign accounts. Campaign funds shall not be placed in an account containing personal or business funds.
(i) The Arkansas Ethics Commission shall establish the maximum campaign contribution limit by rule as follows:
(1) The adjusted campaign contribution limit shall be calculated from a base amount of two thousand dollars ($2,000) as of January 1, 2015;
(2) The contribution limits shall be adjusted at the beginning of each odd-numbered year in an amount equal to the percentage certified to the Federal Election Commission by the United States Bureau of Labor Statistics under 52 U.S.C. § 30116(c) as existing on January 1, 2015;
(3) If the amount after adjustment under subdivision (i)(2) of this section is not a multiple of one hundred dollars ($100), the Arkansas Ethics Commission shall round the amount to the nearest multiple of one hundred dollars ($100); and
(4) The Arkansas Ethics Commission shall promulgate rules identifying the adjusted contribution limit under this subsection.
History
Acts 1975, No. 788, § 2; 1977, No. 312, § 6; 1981, No. 690, § 1; A.S.A. 1947, § 3-1110; Init. Meas. 1990, No. 1, §§ 2, 3; Acts 1993, No. 1195, § 1; 1993, No. 1196, § 1; 1995, No. 863, §§ 1-3; 1995, No. 1296, § 41; Init. Meas. 1996, No. 1, §§ 2, 3; Acts 1997, No. 116, § 1; 1997, No. 491, §§ 2, 3; 1999, No. 553, § 3; 1999, No. 1057, § 1; 2001, No. 954, § 1; 2001, No. 1839, § 2; 2003, No. 195, §§ 2, 3; 2003, No. 248, § 1; 2005, No. 1284, §§ 3, 4; 2005, No. 1413, § 1; 2005, No. 1695, § 1; 2007, No. 221, § 2; 2009, No. 340, § 1; 2009, No. 473, §§ 3, 4; 2009, No. 1204, § 2; 2011, No. 721, §§ 3, 4; 2013, No. 382, § 1; 2013, No. 1110, § 7; 2015, No. 142, § 1; 2015, No. 1280, §§ 5-7; 2017, No. 318, § 1; 2019, No. 240, § 1; 2019, No. 845, § 1; 2019, No. 879, § 2; 2021, No. 254, §§ 1, 2; 2021, No. 324, §§ 1, 2; 2021, No. 384, §§ 1-3; 2021, No. 385, § 1; 2021, No. 734, § 1; 2021, No. 737, §§ 3-6.
7-6-204. Restriction on cash contributions or expenditures — Exception.
(a) No campaign contribution in excess of one hundred dollars ($100) or expenditure in excess of fifty dollars ($50.00) shall be made or received in cash.
(b) All contributions or expenditures in behalf of a campaign activity, other than in-kind contributions and expenditures, in excess of the amounts mentioned in subsection (a) of this section shall be made:
(1) By a written instrument containing the name of the donor and the name of the payee;
(2) By credit card or debit card where the transaction results in a paper record signed by the cardholder, provided that the paper record contains the following information for the cardholder at the time of making the contribution:
(A) Valid name;
(B) Complete address;
(C) Place of business;
(D) Employer; and
(E) Occupation; or
(3) By transaction that results in an electronic record created or transmitted by the cardholder where a contribution or expenditure is made through the internet, provided that the electronic record contains the following information for the cardholder at the time of making the contribution:
(A) Valid name;
(B) Complete address;
(C) Place of business;
(D) Employer; and
(E) Occupation.
(c) The payment of filing fees may be in cash even though the amount exceeds fifty dollars ($50.00). The candidate shall obtain a receipt for the payment and shall report it as a campaign expenditure.
History
Acts 1975, No. 788, § 8; 1977, No. 312, § 2; A.S.A. 1947, § 3-1116; Acts 2011, No. 721, § 5.
7-6-205. Contributions made indirectly, anonymously, or under assumed names.
(a) No campaign contribution shall be made to a candidate, a political action committee, an independent expenditure committee, an exploratory committee, a county political party committee, or a political party unless such contribution is made directly to the intended recipient. Provided, it shall be permissible to make a contribution to a candidate's campaign committee instead of directly to the candidate.
(b) No contribution shall be made to or knowingly accepted by a candidate or his or her campaign committee, a political action committee, an independent expenditure committee, an exploratory committee, a county political party committee, or a political party unless the contribution is made in the name by which the person providing the funds for the contribution is identified for legal purposes.
(c)
(1) No person shall make an anonymous contribution in support of or opposition to a candidate or campaign committee totalling fifty dollars ($50.00) or more in a calendar year.
(2) An anonymous contribution of fifty dollars ($50.00) or more shall not be kept by the intended recipient but shall be promptly paid by the recipient to the Secretary of State for deposit into the State Treasury as general revenues.
(d) Whenever any person provides his or her dependent child with funds and the child uses those funds to make a contribution to a candidate, the contribution shall be attributed to such person for purposes of applying the contribution limit pursuant to § 7-6-203(b).
(e) Campaign contributions may not be made by individuals who are not citizens of the United States or by any other entity which is not organized, existing, or created under the laws of the United States or of any state or other place subject to the jurisdiction of the United States and which does not have its principal place of business in the United States.
History
Acts 1975, No. 788, § 9; A.S.A. 1947, § 3-1117; Init. Meas. 1990, No. 1, § 4; Acts 1999, No. 553, § 4; 2007, No. 221, § 3.
7-6-206. Records of contributions and expenditures.
(a) A candidate, a political party, or a person acting in the candidate's behalf shall keep records of all contributions and expenditures in a manner sufficient to evidence compliance with §§ 7-6-207 — 7-6-210.
(b) The records shall be made available to the Arkansas Ethics Commission and the prosecuting attorney in the district in which the candidate resides, who are delegated the responsibility of enforcing this subchapter, and shall be maintained for a period of four (4) years.
History
Acts 1975, No. 788, § 5; 1977, No. 312, § 5; A.S.A. 1947, § 3-1113; Acts 1999, No. 553, § 5; 2007, No. 221, § 4.
7-6-207. Reports of contributions — Candidates for state or district office.
(a) Reports Required.
(1) Except as provided in subsections (c) and (e) of this section, each candidate for state or district office, including a district judge, or a person acting in the candidate's behalf, shall file with the Secretary of State:
(A) For each quarter during a calendar year in which a candidate is not listed on any ballot for election, a quarterly report of all contributions received and expenditures made during that quarter. The quarterly report shall be filed no later than fifteen (15) days after the end of each quarter;
(B) Beginning with the month of January of a calendar year in which a candidate may be listed on any ballot for election, a monthly report of all contributions received and expenditures made during that month. However, for any month in which certain days of that month are included in a preelection report required under subdivision (a)(1)(C) of this section or a final report required under subdivision (a)(1)(D) of this section, no monthly report for that month shall be due. In the case of a primary or runoff election, those days of the month occurring after the date of the election shall be carried forward and included in the next monthly report. The monthly report shall be filed no later than fifteen (15) days after the end of each month, except that the final report, covering the month during which an election is held, shall be filed within thirty (30) days after the end of the month in which the last election is held at which the candidate seeks nomination and after the end of the month in which the general election is held. With respect to a special election, the candidate shall file monthly reports under this section beginning with the month in which the special election candidate's total campaign contributions or expenditures exceed five hundred dollars ($500);
(C) No later than seven (7) days prior to any preferential primary election, runoff election, general election, or special election in which the candidate's name appears on the ballot, a preelection report of all contributions received and expenditures made between the period covered by the previous report and the period ten (10) days before the election. In case of a runoff election, the report shall cover all contributions received and expenditures made during that period of time that begins after the date of the election from which the runoff arose and ends ten (10) days before the runoff election;
(D) No later than thirty (30) days after the end of the month in which the candidate's name has appeared on the ballot in any primary election, runoff election, general election, or special election, or when only one (1) candidate qualifies for a particular office or position and no position or name of an unopposed candidate shall appear on a ballot, a final report of all contributions received and expenditures made which have not been disclosed on reports previously required to be filed. A final report is required regardless of whether a candidate has received contributions or made expenditures in excess of five hundred dollars ($500);
(E)
(i) No later than thirty (30) days after the end of the month in which the candidate has withdrawn, a final report of all contributions received and expenditures made that have not been disclosed on reports previously required to be filed.
(ii) If a candidate withdraws from the campaign, the candidate shall notify the Secretary of State in writing of the withdrawal; and
(F) If a candidate keeps remaining campaign funds after an election, the candidate shall continue filing the reports required by this subsection.
(2) Upon receiving the first report from any candidate, or upon receipt of the candidate's notice of filing for office, the Secretary of State shall provide the candidate with information on the deadlines for filing remaining quarterly, monthly, and preelection reports and shall furnish each candidate with the appropriate instructions for complying with the deadlines.
(3) A report is timely filed if it is filed in electronic form through the official website of the Secretary of State on or before the date that the report is due.
(b) Contents of Reports.
(1) The contribution and expenditure reports required by subsection (a) of this section shall indicate:
(A) The total amount of contributions received with loans stated separately, the total amount of expenditures made during the filing periods, and the cumulative amount of those totals for the entire election cycle;
(B) The name and address of each person, including the candidate, who made a contribution or contributions that in the aggregate exceeded fifty dollars ($50.00);
(C) The contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the candidate, and the aggregate contributed for each election;
(D) The name and address of each person, including the candidate, who contributed a nonmoney item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals;
(E) An itemization of all single expenditures made that exceed one hundred dollars ($100), including the:
(i) Amount of the expenditure;
(ii) Name and address of any person, including the candidate, to whom the expenditure was made; and
(iii) Date the expenditure was made;
(F) A list of all paid campaign workers and the amount the workers were paid;
(G) A list of all expenditures by categories, including, but not limited to:
(i) Television, radio, print, or other advertising;
(ii) Direct mail;
(iii) Office supplies;
(iv) Rent;
(v) Travel;
(vi) Expenses;
(vii) Entertainment; and
(viii) Telephone;
(H) The total amount of all nonitemized expenditures made during the filing period;
(I) A list of all disbursements made under § 7-6-203(g)(1); and
(J) The current balance of campaign funds.
(2)
(A) If a candidate's campaign has ended and the candidate does not retain remaining campaign funds, the final report shall also indicate which option under § 7-6-203(g) was used to dispose of campaign funds.
(B) If a candidate's campaign has ended and the candidate is retaining remaining campaign funds, the final report shall also indicate the amount of funds retained by the candidate in accordance with § 7-6-201(3) [repealed].
(C) If the candidate's campaign has not ended, disposal of campaign funds shall not be required and the candidate may carry forward any remaining campaign funds to the general primary election, general election, or general runoff election for that same office.
(c) Reports Not Required.
(1) The candidate or any person acting in the candidate's behalf shall comply with the filings required by this section beginning with the first reporting period, either quarterly, monthly, or preelection, in which his or her total contributions or expenditures exceed five hundred dollars ($500). A candidate who has not received contributions or made expenditures in excess of five hundred dollars ($500) shall not be required to file any reports required under this section other than the final report required under subdivision (a)(1)(D) of this section. In calculating the amount of contributions received or expenditures made for purposes of this exception, the payment of the filing fee from the candidate's personal funds shall not be considered as either a contribution or an expenditure.
(2) The preelection reports referenced in subdivision (a)(1)(C) of this section are only required for candidates with opponents in those elections.
(3) An unopposed candidate for an office described in subdivision (a)(1) of this section or any person acting in the unopposed candidate's behalf shall not be required to file the ten-day preelection report required by subdivision (a)(1)(C) of this section.
(d) Filings and Public Inspection.
(1)
(A)
(i) The Secretary of State shall establish a filing system for reports filed under this section.
(ii) The reports shall be kept for eight (8) years from the date of filing, catalogued by candidate in chronological order, and made available for public inspection.
(iii) For eight (8) years after the reports are filed under this section, the Secretary of State is the official custodian of those records.
(B)
(i) After the eight-year period, the Secretary of State shall turn the reports over to the Arkansas State Archives for maintenance and continued public inspection.
(ii) After the eight-year period, the Arkansas State Archives is the official custodian of the records of the reports filed under this section.
(C)
(i) The campaign contribution and expenditure reports filed with the Secretary of State under this section shall be filed in electronic form through the official website of the Secretary of State.
(ii) The Arkansas Ethics Commission shall approve the format used by the Secretary of State for the filing of campaign contribution and expenditure reports in electronic form under subdivision (d)(1)(C)(i) of this section to ensure that all required information is requested.
(iii) The official website of the Secretary of State shall allow for searches of campaign contribution and expenditure report information filed in electronic form under subdivision (d)(1)(C)(i) of this section.
(2) The Secretary of State shall furnish to the commission, no later than thirty (30) days after each filing deadline under this section, a report listing the names of all candidates who have filed for office, the type of report filed by each candidate, and the date the report was received by the Secretary of State.
(e) Reports by Candidates Who Have Filed for Elective Office. If a candidate files for office during the party filing period, for the quarter including the party filing period, the candidate shall:
(1) File monthly reports under subdivision (a)(1)(B) of this section for the months of the quarter that includes the party filing period; and
(2) Not file a quarterly report under subdivision (a)(1)(A) of this section for the quarter that includes the party filing period.
(f)
(1) For each financial institution the candidate and committee working on the candidate's behalf use for the purposes of receiving contributions or making expenditures within this state, the following information shall be submitted to the Secretary of State with the initial report filed under this section:
(A) The full name of the financial institution; and
(B) For the financial institution, the:
(i) Street address;
(ii) City;
(iii) State; and
(iv) United States postal zip code of the financial institution.
(2) The information disclosed under subdivision (f)(1) of this section:
(A) Shall be made available to the commission upon request;
(B) Is not a public record; and
(C) Is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
History
Acts 1975, No. 788, § 3; 1977, No. 312, § 1; 1985, No. 896, §§ 1-3; A.S.A. 1947, § 3-1111; Acts 1987, No. 246, § 2; Init. Meas. 1990, No. 1, § 5; Acts 1993, No. 1243, § 1; 1995, No. 1263, § 1; Init. Meas. 1996, No. 1, § 4; Acts 1999, No. 103, § 1; 1999, No. 553, § 6; 2001, No. 564, § 1; 2001, No. 1839, §§ 3, 4; 2007, No. 221, § 5; 2009, No. 1204, § 3; 2011, No. 721, § 6; 2013, No. 382, §§ 2, 3; 2015, No. 999, § 1; 2015 (1st Ex. Sess.), No. 1, §§ 1, 2; 2016 (3rd Ex. Sess.), No. 2, § 95; 2016 (3rd Ex. Sess.), No. 3, § 95; 2017, No. 318, §§ 2, 3; 2017, No. 721, § 5; 2019, No. 240, §§ 2, 3; 2021, No. 254, § 3; 2021, No. 737, §§ 79.
7-6-208. Reports of contributions — Candidates for school district, township, or municipal office.
(a) Reports required. Except as provided in subsection (d) of this section, each candidate for school district, township, or municipal office, or a person acting in the candidate's behalf, shall:
(1)
(A) For each year in which a candidate is not listed on a ballot for election, file an annual report of all contributions received and expenditures made during that year.
(B) The annual report shall be filed no later than fifteen (15) days after the end of the year;
(2) No later than seven (7) days prior to any preferential primary election, runoff election, general election, school election, or special election in which the candidate's name appears on the ballot, file a preelection report of all contributions received and expenditures made between the period covered by the previous report, if any, and the period ten (10) days before the election. In case of a runoff election, the report shall cover all contributions received and expenditures made during that period of time that begins after the date of the election from which the runoff arose and ends ten (10) days before the runoff election;
(3) No later than thirty (30) days after the end of the month in which the candidate's name has appeared on the ballot in any preferential primary election, runoff election, general election, school election, or special election, or when only one (1) candidate qualifies for a particular office or position and no position or name of an unopposed candidate shall appear on a ballot, file a final report of all contributions received and expenditures made that have not been disclosed on reports previously required to be filed. A final report is required regardless of whether a candidate has received contributions or made expenditures in excess of five hundred dollars ($500);
(4) File supplemental reports of all contributions received and expenditures made after the date of preparation of the final report. The supplemental reports shall be filed within thirty (30) days after the receipt of a contribution or the making of an expenditure;
(5)
(A) No later than thirty (30) days after the end of the month in which the candidate has withdrawn, file a final report of all contributions received and expenditures made that have not been disclosed on reports previously required to be filed.
(B) If a candidate withdraws from the campaign, the candidate shall notify the county clerk in writing of the withdrawal; and
(6) If a candidate keeps remaining campaign funds after an election, the candidate shall continue filing the reports required by this subsection.
(b) Contents of Reports.
(1) The contribution and expenditure reports required by subsection (a) of this section shall indicate:
(A) The total amount of contributions received with loans stated separately, the total amount of expenditures made during the filing periods, and the cumulative amount of those totals for the entire election cycle;
(B) The name and address of each person, including the candidate, who made a contribution or contributions that in the aggregate exceeded fifty dollars ($50.00);
(C) The contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the candidate, and the aggregate contributed for each election;
(D) The name and address of each person, including the candidate, who contributed a nonmoney item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals;
(E) An itemization of all single expenditures made that exceeded one hundred dollars ($100), including the amount of the expenditure, the name and address of any person, including the candidate, to whom the expenditure was made, and the date the expenditure was made;
(F) A list of all paid campaign workers and the amount the workers were paid;
(G) A list of all expenditures by categories, including, but not limited to:
(i) Television, radio, print, or other advertising;
(ii) Direct mail;
(iii) Office supplies;
(iv) Rent;
(v) Travel;
(vi) Expenses;
(vii) Entertainment; and
(viii) Telephone;
(H) The total amount of all nonitemized expenditures made during the filing period; and
(I) The current balance of campaign funds.
(2)
(A) When the candidate's campaign has ended, the final report shall also indicate which option under § 7-6-203(g) was used to dispose of any surplus of campaign funds, the amount of funds disposed of by the candidate, and the amount of funds retained by the candidate in accordance with § 7-6-201(3) [repealed].
(B) If the candidate's campaign has not ended, disposal of campaign funds is not required and the candidate may carry forward any remaining campaign funds to the general primary election, general election, or general runoff election for that same office.
(3)
(A) Not later than fourteen (14) days after the deadline for filing for office, the county clerk shall notify each candidate in person or by mail of the deadlines for filing the ten-day preelection and final reports required by subsection (a) of this section and, at that time, furnish each candidate with the appropriate forms and instructions for complying with the deadlines.
(B) If notice is sent by mail, then the notice shall be postmarked within fourteen (14) days after the deadline for filing for office.
(c) Filing of Reports. The reports required by this section shall be filed with the county clerk in the county in which the election is held. Reports shall be filed on the appropriate forms furnished by the Secretary of State.
(d) Reports Not Required.
(1) A candidate who has not received contributions or made expenditures in excess of five hundred dollars ($500) shall not be required to file any preelection reports required under subdivision (a)(1) of this section. In calculating the amount of contributions received or expenditures made for purposes of this exception, the payment of the filing fee from the candidate's personal funds shall not be considered as either a contribution or an expenditure.
(2) The preelection reports referenced in subdivision (a)(1) of this section are required only for candidates with opponents in those elections.
History
Acts 1975, No. 788, § 3; 1977, No. 312, § 1; A.S.A. 1947, § 3-1111; Acts 1987, No. 246, § 2; 1993, No. 1243, § 2; Init. Meas. 1996, No. 1, § 5; Acts 1999, No. 553, §§ 7-9; 2001, No. 1839, § 5; 2003, No. 195, § 4; 2007, No. 221, § 6; 2009, No. 1204, § 4; 2011, No. 721, § 7; 2013, No. 382, § 4; 2019, No. 240, § 4; 2021, No. 737, § 10.
7-6-209. Reports of contributions — Candidates for county office.
(a) Reports Required. Except as provided in subsection (d) of this section, each candidate for county office or a person acting in the candidate's behalf shall:
(1)
(A) For each year in which a candidate is not listed on a ballot for election, file an annual report of all contributions received and expenditures made during that year.
(B) The annual report shall be filed no later than fifteen (15) days after the end of the year;
(2) No later than seven (7) days prior to any preferential primary election, runoff election, general election, or special election in which the candidate's name appears on the ballot, file a preelection report of all contributions received and expenditures made between the period covered by the previous report, if any, and the period ten (10) days before the election. In case of a runoff election, the report shall cover all contributions received and expenditures made during that period of time that begins after the date of the election from which the runoff arose and ends ten (10) days before the runoff election;
(3) No later than thirty (30) days after the end of the month in which the candidate's name has appeared on the ballot in any preferential primary election, runoff election, general election, or special election, or when only one (1) candidate qualifies for a particular office or position and no position or name of an unopposed candidate shall appear on a ballot, file a final report of all contributions received and expenditures made that have not been disclosed on reports previously required to be filed. A final report is required regardless of whether a candidate has received contributions or made expenditures in excess of five hundred dollars ($500);
(4) File supplemental reports of all contributions received and expenditures made after the date of preparation of the final report, and the supplemental reports shall be filed within thirty (30) days after the receipt of a contribution or the making of an expenditure;
(5)
(A) No later than thirty (30) days after the end of the month in which the candidate has withdrawn, a final report of all contributions received and expenditures made that have not been disclosed on reports previously required to be filed.
(B) If a candidate withdraws from the campaign, the candidate shall notify the county clerk in writing of the withdrawal; and
(6) If a candidate keeps remaining campaign funds after an election, the candidate shall continue filing the reports required by this subsection.
(b) Contents of Reports.
(1) The contribution and expenditure reports required by subsection (a) of this section shall indicate:
(A) The total amount of contributions received with loans stated separately, the total amount of expenditures made during the filing periods, and the cumulative amount of those totals for the entire election cycle;
(B) The name and address of each person, including the candidate, who made a contribution or contributions that in the aggregate exceeded fifty dollars ($50.00);
(C) The contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the candidate, and the aggregate contributed for each election;
(D) The name and address of each person, including the candidate, who contributed a nonmonetary item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals;
(E) An itemization of all single expenditures made that exceeded one hundred dollars ($100), including the amount of the expenditure, the name and address of any person, including the candidate, to whom the expenditure was made, and the date the expenditure was made;
(F) A list of all paid campaign workers and the amount the workers were paid;
(G) A list of all expenditures by categories, including, but not limited to:
(i) Television, radio, print, or other advertising;
(ii) Direct mail;
(iii) Office supplies;
(iv) Rent;
(v) Travel;
(vi) Expenses;
(vii) Entertainment; and
(viii) Telephone;
(H) The total amount of all nonitemized expenditures made during the filing period; and
(I) The current balance of campaign funds.
(2)
(A) When the candidate's campaign has ended, the final report shall also indicate which option under § 7-6-203(g) was used to dispose of any surplus of campaign funds, the amount of funds disposed of by the candidate, and the amount of funds retained by the candidate in accordance with § 7-6-201(3) [repealed].
(B) If the candidate's campaign has not ended, disposal of campaign funds is not required and the candidate may carry forward any remaining funds in the campaign to the general primary election, general election, or general runoff election for that same office.
(3)
(A) Not later than fourteen (14) days after the deadline for filing for office, the county clerk shall notify each candidate in person or by mail of the deadlines for filing the ten-day preelection and final reports required by subsection (a) of this section and, at that time, furnish each candidate with the appropriate forms and instructions for complying with the deadlines.
(B) If notice is sent by mail, then the notice shall be postmarked within fourteen (14) days after the deadline for filing for office.
(c) Filing of Reports. The reports required by this section shall be filed with the county clerk in the county in which the election is held. Reports shall be filed on the appropriate forms furnished by the Secretary of State.
(d) Reports Not Required.
(1) A candidate who has not received contributions or made expenditures in excess of five hundred dollars ($500) shall not be required to file any preelection reports required under subdivision (a)(1) of this section. In calculating the amount of contributions received or expenditures made for purposes of this exception, the payment of the filing fee from the candidate's personal funds shall not be considered as either a contribution or an expenditure.
(2) The preelection reports referenced in subdivision (a)(1) of this section are required only for candidates with opponents in those elections.
History
Acts 1975, No. 788, § 3; 1977, No. 312, § 1; A.S.A. 1947, § 3-1111; Acts 1987, No. 246, § 2; 1993, No. 1243, § 3; Init. Meas. 1996, No. 1, § 6; Acts 1999, No. 553, §§ 10-12; 2001, No. 1839, § 6; 2003, No. 195, § 5; 2007, No. 221, § 7; 2009, No. 1204, § 5; 2011, No. 721, § 8; 2013, No. 382, § 5; 2019, No. 240, § 5; 2021, No. 737, § 11.
7-6-210. Reports of contributions — Personal loans.
(a)
(1) The transfer of a candidate's own personal funds to his or her campaign shall be reported as either a loan from the candidate to his or her campaign or a contribution from the candidate to his or her campaign.
(2) In the event the transfer of such funds is reported as a loan from the candidate to his or her campaign, the campaign funds may be used to repay the candidate for the funds loaned by the candidate to his or her campaign.
(3) In the event the transfer of the funds is reported as a contribution from the candidate to his or her campaign, the campaign funds may not be used to reimburse the candidate for the funds contributed by the candidate to his or her campaign.
(b)
(1) A personal loan made to a candidate by a financial institution that is applied toward a candidate's campaign shall be reported as a loan from the candidate to his or her campaign.
(2) The name of the financial institution, the amount of the loan, and the name of the guarantor, if any, also shall be reported.
History
Acts 1975, No. 788, § 3; 1977, No. 312, § 1; A.S.A. 1947, § 3-1111; Acts 1987, No. 246, § 2; 2009, No. 1204, § 6.
7-6-213. Verification of reports.
All reports required to be filed by the provisions of this subchapter shall be verified by affidavit by the candidate or a person acting in the candidate's behalf stating that to the best of his or her knowledge and belief the information so disclosed is a complete, true, and accurate financial statement of the candidate's campaign contributions or expenditures.
History
Acts 1975, No. 788, § 6; A.S.A. 1947, § 3-1114.
7-6-214. Publication of reports.
(a)
(1) Upon proper filing, the information required in §§ 7-6-203, 7-6-207 — 7-6-210, 7-6-215, 7-6-216, and 7-6-220 shall constitute a public record and shall be available within twenty-four (24) hours of the reporting deadline to all interested persons and the news media.
(2) The Secretary of State is the official custodian of the records that are required to be:
(A) Filed with the Secretary of State; and
(B) Maintained under §§ 7-6-203, 7-6-207 — 7-6-210, 7-6-215, 7-6-216, and 7-6-220.
(b)
(1) The Secretary of State shall post on his or her official website reports of contributions required under §§ 7-6-203, 7-6-207 — 7-6-210, 7-6-215, 7-6-216, and 7-6-220.
(2) The official website of the Secretary of State shall allow for searches of campaign contribution and expenditure report information required to be filed in electronic form under § 7-6-207(d)(1)(C)(i).
(c)
(1) The Secretary of State shall maintain a list of all reports required under §§ 7-6-203, 7-6-207 — 7-6-210, 7-6-215, 7-6-216, and 7-6-220 not filed in electronic form.
(2) The list shall include:
(A) The name of the person filing the report;
(B) The type of report filed;
(C) The date the report was filed; and
(D) The designation “paper filer”.
(3) The list shall be posted on the official website of the Secretary of State.
(4) The list shall be organized by calendar year and updated at least monthly on a schedule to be determined by the Secretary of State.
History
Acts 1975, No. 788, § 7; A.S.A. 1947, § 3-1115; 2001, No. 564, § 2; 2015, No. 999, § 2; 2017, No. 318, § 4; 2017, No. 616, § 1; 2019, No. 1039, § 1.
7-6-215. Registration and reporting by approved political action committees.
(a)
(1)
(A) To qualify as an approved political action committee, the political action committee shall register with the Secretary of State within fifteen (15) days after accepting contributions during a calendar year that exceed five hundred dollars ($500) in the aggregate.
(B) Registration shall be annually renewed by January 15, unless the political action committee has ceased to exist.
(C) Except as provided in subdivision (a)(1)(D) of this section, registration shall be on forms provided by the Secretary of State, and the contents therein shall be verified by an affidavit of an officer of the political action committee.
(D)
(i) Registration with the Secretary of State under this section may be filed in electronic form through the official website of the Secretary of State if electronic filing is offered by the Secretary of State.
(ii) An electronic registration shall be verified by an officer of the political action committee.
(iii)
(a) The Arkansas Ethics Commission shall approve a format used by the Secretary of State for registering as a political action committee in electronic form under subdivision (a)(1)(D)(i) of this section to ensure that all required information is requested.
(b) A format used by the Secretary of State for registering as a political action committee in electronic form shall provide that a registration filed in electronic form be rejected if it omits the name, street address, or telephone number of an individual designated as the resident agent for the political action committee.
(iv) The official website of the Secretary of State shall allow for searches of political action committee registration information filed in electronic form under subdivision (a)(1)(D)(i) of this section.
(E) Registration with the Secretary of State under this section may be filed in paper form if:
(i) The political action committee does not have access to the technology necessary to submit registration in electronic form;
(ii) Submitting registration in electronic form would constitute a substantial hardship for the political action committee; and
(iii) The political action committee submits a notarized affidavit that complies with § 7-6-231.
(2)
(A) The political action committee shall maintain for a period of four (4) years records evidencing the name, address, and place of employment of each person that contributed to the political action committee, along with the amount contributed.
(B) Furthermore, the political action committee shall maintain for a period of four (4) years records evidencing the name and address of each candidate, ballot question committee, legislative question committee, political party, county political party committee, or other political action committee that received a contribution from the political action committee, along with the amount contributed.
(3)
(A) The political action committee shall designate a resident agent who shall be an individual who resides in this state.
(B) No contribution shall be accepted from a political action committee and no expenditure shall be made by a political action committee that has not registered and does not have a resident agent.
(C) It shall be unlawful for a prohibited political action committee as defined in § 7-6-201 to make a contribution to a:
(i) Ballot question committee;
(ii) Legislative question committee;
(iii) Political party;
(iv) Political party committee; or
(v) Political action committee.
(4)
(A) An out-of-state political action committee, including a federal political action committee, shall be required to comply with the registration and reporting provisions of this section if the committee contributes more than five hundred dollars ($500) in a calendar year to candidates, ballot question committees, legislative question committees, political parties, county political party committees, or other political action committees within this state.
(B) Subdivision (a)(4)(A) of this section shall not apply to:
(i) The national committee of any political party that is registered with the Federal Election Commission;
(ii) Any federal candidate committee that is registered with the Federal Election Commission;
(iii) Funds which a subordinate committee of the national committee of any political party that is registered with the Federal Election Commission transfers to the federal account of an organized political party as defined under § 7-1-101; or
(iv) Funds which a political action committee that is registered with the Federal Election Commission transfers to the federal account of an organized political party as defined under § 7-1-101.
(b) The registration form of an approved political action committee shall contain the following information:
(1) The name, address, and, where available, phone number of the political action committee and the name, address, phone number, and place of employment of each of its officers, provided if the political action committee's name is an acronym, then both it and the words forming the acronym shall be disclosed;
(2) The professional, business, trade, labor, or other interests represented by the political action committee, including any individual business, organization, association, corporation, labor organization, or other group or firm whose interests will be represented by the political action committee;
(3) The full name and street address, city, state, and zip code of each financial institution the political action committee uses for purposes of receiving contributions or making expenditures within this state;
(4) The name, street address, and telephone number of the individual designated as the resident agent for the political action committee;
(5) If the registration form is filed in paper form, a written acceptance of designation as a resident agent;
(6) A certification by a political action committee officer, under penalty of false swearing, that the information provided on the registration is true and correct; and
(7) A clause submitting the political action committee to the jurisdiction of the State of Arkansas for all purposes related to compliance with the provisions of this subchapter.
(c)
(1) When a committee makes a change to any information required in subsection (b) of this section, an amendment shall be filed within ten (10) days to reflect the change.
(2) A committee failing to file an amendment shall be subject to a late filing fee of ten dollars ($10.00) for each day the change is not filed.
(d)
(1) Within fifteen (15) calendar days after the end of each calendar quarter, a political action committee shall file a quarterly report with the Secretary of State, including the following information:
(A) The total amount of contributions received and the total amount of contributions made during the filing period and the cumulative amount of those totals;
(B) The current balance of political action committee funds;
(C) The name and address of each person that made a contribution or contributions to the political action committee that exceeded five hundred dollars ($500) in the aggregate during the calendar year, the contributor's place of business, employer, occupation, the date of the contribution, the amount contributed, and the total contributed for the year;
(D) The name and address of each candidate, ballot question committee, legislative question committee, political party, county political party committee, or other political action committee, if any, to whom or which the political action committee made a contribution or contributions that exceeded fifty dollars ($50.00) in the aggregate during the filing period, with the amount contributed and the election for which the contribution was made;
(E) The name and address of each candidate, ballot question committee, legislative question committee, political party, county political party committee, or other political action committee, if any, to whom or which the political action committee contributed a nonmonetary item, together with a description of the item, the date the item was contributed, and the value of the item; and
(F) The total amount of expenditures made for administrative expenses and for each single expenditure that exceeded one hundred dollars ($100), an itemization, including the amount of the expenditure, the name and address of the person to whom the expenditure was made, and the date the expenditure was made.
(2) Political action committee quarterly reports may be filed in electronic form through the official website of the Secretary of State if electronic filing is offered by the Secretary of State.
(3) The information required in subdivisions (d)(1)(C)-(F) of this section may be provided in the form of schedules attached to a report filed in paper form.
(4) The reports shall be verified by an affidavit of an officer of the political action committee stating that to the best of his or her knowledge and belief the information so disclosed is a complete, true, and accurate financial statement of the political action committee's contributions received and made.
(5)
(A) A report is timely filed if it is filed in electronic form through the official website of the Secretary of State on or before the date that the report is due if the Secretary of State offers electronic filing of political action committee reports.
(B)
(i) The Secretary of State shall receive reports in a readable electronic format that is acceptable to the Secretary of State and approved by the Arkansas Ethics Commission.
(ii) The Arkansas Ethics Commission shall approve the format used by the Secretary of State for the filing of political action committee reports in electronic form to ensure that all required information is requested.
(iii) The official website of the Secretary of State shall allow for searches of political action committee report information filed in electronic form.
(iv) A political action committee under this section may file reports in paper form under this section if:
(a) The political action committee does not have access to the technology necessary to submit reports in electronic form;
(b) Submitting reports in electronic form would constitute a substantial hardship for the political action committee; and
(c) The political action committee submits a notarized affidavit that complies with § 7-6-231.
(6)
(A) A political action committee shall indicate on its quarterly report for the fourth quarter of each calendar year whether or not it intends to renew its registration for the next calendar year.
(B)
(i) If a quarterly report for the fourth quarter is filed in paper form, the form utilized by the Secretary of State for filing shall require the political action committee to indicate whether or not it intends to renew its registration for the next calendar year.
(ii) A political action committee indicating that it will renew its registration for the next calendar year shall submit its registration form for the next calendar year at the same time as the quarterly report for the fourth quarter.
(iii) The Secretary of State shall not accept a quarterly report for the fourth quarter if:
(a) The political action committee indicates that it intends to renew its registration for the next calendar year; and
(b) The registration form for the next calendar year is not submitted at the same time as the quarterly report for the fourth quarter.
(C) If the Secretary of State offers electronic filing of political action committee reports, the format used by the Secretary of State for the filing of political action committee reports in electronic form shall require a political action committee indicating that it intends to renew its registration for the next calendar year to renew its registration for the next calendar year before submitting its quarterly report for the fourth quarter.
History
Init. Meas. 1990, No. 1, § 6; Init. Meas. 1996, No. 1, § 7; Acts 1999, No. 553, §§ 15-17; 2001, No. 1839, § 7; 2005, No. 2006, § 2; 2007, No. 221, § 8; 2009, No. 473, § 5; 2011, No. 721, § 9; 2015, No. 909, § 1; 2017, No. 616, § 2; 2019, No. 1039, §§ 2, 3.
7-6-216. Registration and reports by exploratory committees.
(a)
(1) An exploratory committee shall register with the appropriate filing office within fifteen (15) days after receiving contributions during a calendar year which, in the aggregate, exceed five hundred dollars ($500).
(2)
(A) For a state or district office, the place of filing shall be the Secretary of State's office.
(B) For a county, municipal, township, or school district office, the place of filing shall be the county clerk's office.
(3) Registration shall be on forms provided by the Secretary of State and the contents therein shall be verified by an affidavit of an officer of the committee.
(b) An exploratory committee shall disclose on the registration form the name, address, and, where available, phone number of the committee and each of its officers. It shall also disclose the individual person who, upon becoming a candidate, is intended to receive campaign contributions from the committee.
(c) Within thirty (30) days of the end of each month, an exploratory committee shall file a report with the appropriate filing office indicating:
(1) The total amount of contributions received during the filing period;
(2) The name and address of each person who has made a contribution which, in the aggregate, exceeds fifty dollars ($50.00), along with the contributor's principal place of business, employer, occupation, and the amount contributed; and
(3) The total amount of expenditures made and, for each single expenditure that exceeds one hundred dollars ($100), an itemization, including the amount of the expenditure, the name and address of the person to whom the expenditure was made, and the date the expenditure was made.
(d)
(1)
(A) The first report shall be filed for the month in which the committee files its registration. The final report shall be filed within thirty (30) days after the end of the month in which the committee either transfers its contributions to a candidate's campaign or no longer accepts contributions.
(B) The reports required by this section shall be filed in electronic form through the official website of the Secretary of State.
(C) The Arkansas Ethics Commission shall approve the format used by the Secretary of State for the filing of exploratory reports in electronic form to ensure that all required information is requested.
(D) The official website of the Secretary of State shall allow for searches of exploratory committee report information filed in electronic form.
(2) An exploratory committee under this section may file reports in paper form under this section if:
(A) The exploratory committee does not have access to the technology necessary to submit reports in electronic form; and
(B) Submitting reports in electronic form would constitute a substantial hardship for the exploratory committee.
(3) The committee shall not accept contributions after the filing of a final report.
History
Init. Meas. 1990, No. 1, § 6; Acts 1999, No. 553, § 18; 2001, No. 1839, § 8; 2007, No. 221, § 9; 2009, No. 473, § 6; 2011, No. 721, § 10; 2013, No. 1126, § 12; 2017, No. 616, § 3.
7-6-217. Creation of Arkansas Ethics Commission.
(a)
(1) The Arkansas Ethics Commission shall be composed of five (5) members, one (1) each appointed by the Governor, Attorney General, Lieutenant Governor, Speaker of the House of Representatives, and President Pro Tempore of the Senate.
(2) Members of the commission shall be appointed for terms of five (5) years and shall continue to serve until their successors have been appointed and have taken the official oath.
(3)
(A) No person may be appointed to serve consecutive terms on the commission.
(B) Provided, any commissioner who has been appointed to serve two (2) years or less of an unexpired term shall be eligible for an appointment to a subsequent five-year term.
(4) In the event of a vacancy on the commission, a successor shall be appointed within thirty (30) days to serve the remainder of the unexpired term, such appointment to be made by the official holding the office responsible for appointing the predecessor.
(b)
(1) In making appointments to the commission, the appointing officials shall ensure that at least one (1) member of a minority race, one (1) woman, and one (1) member of the minority political party, as defined in § 7-1-101, serves on the commission.
(2) Any person appointed as a member of the minority political party must have voted in the preferential primaries of the minority political party in the last two (2) primaries in which he or she has voted.
(c)
(1) No member of the commission shall be a federal, state, or local government official or employee, an elected public official, a candidate for public office, a lobbyist as defined in § 21-8-402, or an officer or paid employee of an organized political party as defined in § 7-1-101.
(2) During the entire term of service on the commission, a commissioner shall be prohibited from raising funds for, making contributions to, providing services to, or lending his or her name in support of any candidate for election to a state, county, municipal, or school board office under the laws of Arkansas or in support of a ballot issue or issues submitted or intended to be submitted to the voters of the State of Arkansas, or any of its political subdivisions, excluding the exercise of the right to vote or the mere signing of an initiative or referendum petition. Employees of the commission shall be similarly prohibited.
(d)
(1) The commission shall elect its chair.
(2)
(A) A majority of the membership of the commission shall constitute a quorum for conducting business.
(B) No action shall be taken except by an affirmative vote of a majority of those present and voting.
(C) No sanctions shall be imposed without the affirmative vote of at least three (3) members of the commission who are physically present at a commission meeting.
(3) The vote of each member voting on any action shall be a public record.
(e) Members of the commission shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq.
(f) The commission shall meet at such times as may be provided by its rules, upon call of the chair, or upon written request to the chair of any three (3) members.
(g) The commission shall have the authority to:
(1) Under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., promulgate reasonable rules to implement and administer the requirements of this subchapter, as well as the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 19-11-718; § 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; § 21-8-1001 et seq.; and Arkansas Constitution, Article 19, §§ 28-30; and to govern procedures before the commission, matters of commission operations, and all investigative and disciplinary procedures and proceedings;
(2) Issue advisory opinions and guidelines on the requirements of § 7-1-103(a)(1)-(4), (6), and (7); this subchapter; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 19-11-718; § 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;
(3) After a citizen complaint has been submitted to the commission, investigate alleged violations of § 7-1-103(a)(1)-(4), (6), and (7); this subchapter; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 19-11-718; § 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; § 21-8-1001 et seq.; and Arkansas Constitution, Article 19, §§ 28-30; and render findings and disciplinary action thereon;
(4) Pursuant to commission investigations, subpoena any person or the books, records, or other documents being held by any person and take sworn statements;
(5) Administer oaths for the purpose of taking sworn testimony of witnesses and conduct hearings;
(6) Hire a staff and retain legal counsel;
(7) Approve forms prepared by the Secretary of State under this subchapter; the Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7-9-401 et seq.; § 19-11-718; § 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.; and § 21-8-1001 et seq.; and
(8)
(A) File suit in the Pulaski County Circuit Court or in the circuit court of the county wherein the respondent resides or, under § 16-17-706, in the small claims division established in any district court in the State of Arkansas, to obtain a judgment for the amount of any fine imposed under § 7-6-218(b)(4)(B)(i)-(iii), or to enforce an order of the commission requiring the filing or amendment of a disclosure form.
(B) Said action by the court shall not involve further judicial review of the commission's actions.
(C) The fee normally charged for the filing of a suit in any of the circuit courts in the State of Arkansas shall be waived on behalf of the commission.
(h) When in the course of an investigation the commission issues subpoenas to financial institutions for records or information regarding a person who is the subject of the investigation, the commission shall provide the subject of the investigation with reasonable notice of the subpoenas and an opportunity to respond.
History
Init. Meas. 1990, No. 1, § 6; Acts 1995, No. 349, § 1; 1995, No. 352, § 1; 1997, No. 250, § 43; 1999, No. 553, §§ 19-21; 2001, No. 1839, §§ 9, 10; 2003, No. 195, § 6; 2003, No. 1185, § 6; 2005, No. 1284, § 5; 2015, No. 47, § 1; 2015, No. 1280, § 8; 2015, No. 1287, § 1.
7-6-218. Citizen complaints — Definition.
(a)
(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.
(b)
(1)
(A) 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.
(B) The Arkansas Ethics Commission shall immediately notify any person under investigation of the investigation and of the nature of the alleged violation.
(C) 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.
(D) 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)
(A) The Arkansas Ethics Commission shall keep a record of its investigations, inquiries, and proceedings.
(B)
(i) 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.
(ii)
(a) 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.
(b) 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.
(C) 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:
(A) Issue a public letter of caution or warning or reprimand;
(B)
(i) 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.
(ii) 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.
(iii) All moneys received by the Arkansas Ethics Commission in payment of fines shall be deposited into the State Treasury as general revenues;
(C) Order the respondent to file or amend a statutorily required disclosure form; or
(D)
(i) Report its finding, along with such information and documents as it deems appropriate, and make recommendations to the proper law enforcement authorities.
(ii) 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)
(A)
(i) 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.
(ii) 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.
(iii) 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.
(B) 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.
(c) 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.
7-6-219. Retiring a campaign debt.
(a)
(1) Any person who was a candidate and has a campaign debt from an election that has ended may solicit funds and hold fundraisers to retire the campaign debt.
(2) The contributions received shall be treated as campaign contributions to the person's previous campaign, and all campaign contribution limits shall continue to apply.
(b) Contributors shall be given notice that the campaign contributions are for the purpose of retiring a campaign debt. Any invitation to or notice of a fundraiser to retire a campaign debt of a previous campaign shall state that the funds are to retire a campaign debt.
(c) A person shall file a campaign contribution and expenditure report concerning a campaign debt if, since the last report concerning the debt, the person has received cumulative contributions in excess of five hundred dollars ($500). The report shall be filed not later than fifteen (15) days after a calendar quarter in which a report becomes required. No report is required in any calendar quarter in which the cumulative contribution or cumulative expenditure limit has not been exceeded since the person's last report.
History
Acts 1993, No. 1209, § 1; 1997, No. 139, § 1.
7-6-220. Reporting of independent expenditures.
(a) A person who or an independent expenditure committee which makes independent expenditures in an aggregate amount or value in excess of five hundred dollars ($500) in a calendar year shall file reports with the Secretary of State:
(1) No later than thirty (30) days prior to preferential primary elections, general elections, and special elections covering the period ending thirty-five (35) days prior to such elections;
(2) No later than seven (7) days prior to preferential primary elections, runoff elections, general elections, and special elections covering the period ending ten (10) days prior to such elections; and
(3) As for a final report, no later than thirty (30) days after the end of the month in which the last election is held at which the candidate seeks nomination or election.
(b) Such reports shall include:
(1) In the case of an individual making such an expenditure, the name, address, telephone number, principal place of business, employer, and occupation of the individual;
(2) In the case of a committee, the name, address, employer, and occupation of its officers;
(3) In the case of a person who is not an individual, the principal name of the entity, the address, and the name, address, employer, and occupation of its officers; and
(4) The same information required of candidates for office other than school district, township, municipal, or county office as set forth in § 7-6-207(b)(1).
(c) The information required in § 7-6-207(b)(1) may be provided in the form of a schedule or schedules attached to the report.
(d) The report shall be verified by an affidavit of an officer of the committee stating that to the best of his or her knowledge and belief the information disclosed is a complete, true, and accurate financial statement of the committee's contributions received and made.
(e)
(1) A report is timely filed if it is filed in electronic form through the official website of the Secretary of State on or before the date that the report is due.
(2)
(A) The Secretary of State shall receive reports in a readable electronic format that is acceptable to the Secretary of State and approved by the Arkansas Ethics Commission.
(B) The commission shall approve the format used by the Secretary of State for the filing of independent expenditure reports in electronic form to ensure that all required information is requested.
(C) The official website of the Secretary of State shall allow for searches of independent expenditure report information filed in electronic form.
(3) A person or independent expenditure committee under this section may file reports in paper form under this section if:
(A) The person or independent expenditure committee does not have access to the technology necessary to submit reports in electronic form;
(B) Submitting reports in electronic form would constitute a substantial hardship for the person or independent expenditure committee; and
(C) The person or independent expenditure committee submits a notarized affidavit that complies with § 7-6-231.
History
Init. Meas. 1996, No. 1, § 8; Acts 2001, No. 1839, § 14; 2005, No. 1284, § 6; 2011, No. 721, § 11; 2017, No. 616, § 4; 2019, No. 1039, § 4.
7-6-222. Tax credits for certain individual political contributions.
(a) Pursuant to rules to be adopted by the Department of Finance and Administration, a credit against individual Arkansas income taxes shall be allowed for money contributions made by the taxpayer in a taxable year to one (1) or more of the following:
(1) A candidate seeking nomination or election to a public office at an election or to the candidate's campaign committee;
(2) An approved political action committee as defined in § 7-6-201; or
(3) An organized political party as defined in § 7-1-101.
(b) The credit allowed by subsection (a) of this section shall be the aggregate contributions, not to exceed fifty dollars ($50.00), on an individual tax return, or the aggregate contributions, not to exceed one hundred dollars ($100), on a joint return.
(c) Credits for contributions qualifying under this section and made prior to April 15 in a calendar year may be applied to the return filed for the previous taxable year.
History
Init. Meas. 1996, No. 1, § 10; Acts 1999, No. 1446, § 1; 2003, No. 774, § 1; 2005, No. 1284, § 7; 2007, No. 221, § 11; 2019, No. 315, § 421.
7-6-223. Reports of contributions by political parties.
(a) Within fifteen (15) calendar days after the end of each calendar quarter, each political party that meets the definition of political party stated in § 7-1-101 or that has met the petition requirements of § 7-7-205 shall file a quarterly report with the Secretary of State.
(b) The report shall include:
(1) The total amount of contributions received by the political party during the preceding calendar quarter;
(2) An itemization, including the name, address, employer, and occupation of each person who made a contribution or contributions to the political party which, in the aggregate, exceeded fifty dollars ($50.00) in the preceding calendar quarter, as well as the amount received and date of receipt;
(3) The total amount of money disbursed by the political party during the preceding calendar quarter; and
(4) An itemization, including the amount of the disbursement, the name and address of the person to whom the disbursement was made, and the date the disbursement was made for each single disbursement that exceeded one hundred dollars ($100).
(c) If a political party received contributions and disbursed money before the calendar quarter in which it met the petition requirements of § 7-7-205, the first quarterly report shall also include all information required by subsection (b) of this section which occurred before the quarter in which the political party met the petition requirements of § 7-7-205.
History
Init. Meas. 1996, No. 1, § 11; Acts 2003, No. 1730, § 1; 2005, No. 1284, § 8; 2009, No. 473, § 7; 2013, No. 382, § 6.
7-6-224. Authority of local jurisdictions.
(a) Municipalities, counties, and townships may establish reasonable limitations on:
(1) Time periods that candidates for local office shall be allowed to solicit contributions;
(2) Limits on contributions to local candidates at amounts lower than those set by state law; and
(3) Voluntary campaign expenditure limits for candidates seeking election to their respective governing bodies.
(b) Enforcement of any limitation established under subsection (a) of this section is the responsibility of the municipality, county, or township establishing the limitation.
History
Init. Meas. 1996, No. 1, § 12; Acts 2019, No. 240, § 6.
7-6-225. Filing deadlines.
Whenever a report becomes due on a day which is a Saturday, Sunday, or legal holiday, the report shall be due the next day which is not a Saturday, Sunday, or legal holiday.
History
Acts 1999, No. 553, § 23; 2001, No. 1839, § 16.
7-6-226. Registration and reporting by county political party committees.
(a)
(1)
(A) To qualify as a county political party committee, the committee shall register with the Secretary of State within fifteen (15) days after accepting contributions during a calendar year that exceed five thousand dollars ($5,000) in the aggregate.
(B) The registration shall be renewed annually by January 15, unless the committee has ceased to exist.
(C) Registration shall be on forms provided by the Secretary of State, and the contents of the form shall be verified by an affidavit of an officer of the committee.
(2)
(A) The committee shall maintain for a period of four (4) years records evidencing the name, address, and place of employment of each person that contributed to the committee, along with the amount contributed.
(B) Furthermore, the committee shall maintain for a period of four (4) years records evidencing the name and address of each candidate who received a contribution from the committee, along with the amount contributed.
(3)
(A) The committee shall appoint a treasurer who is a qualified elector of the State of Arkansas.
(B) No contribution shall be accepted from a committee and no expenditure shall be made by a committee that has not registered and which does not have a treasurer.
(4) No county political party committee shall accept a contribution from a prohibited political action committee as defined in § 7-6-201.
(b) The county political party committee shall disclose on the registration form the following information:
(1) The name, address, and, when available, phone number of the committee and the name, address, phone number, and place of employment of each of its officers. If the committee's name is an acronym, then both the acronym and the words forming the acronym shall be disclosed;
(2) The political party with which the county political party committee is affiliated;
(3) The full name and street address, city, state, and zip code of the financial institution in this state that the committee designates as its official depository for the purposes of depositing all money contributions that it receives in this state and making all expenditures in this state; and
(4) A written acceptance of appointment by the treasurer.
(c)
(1) Within fifteen (15) calendar days after the end of each calendar quarter, county political party committees shall file a quarterly report with the Secretary of State, including the following information:
(A) The total amount of contributions received and the total amount of contributions made during the reporting period and the cumulative amount of those totals;
(B) The current balance of committee funds;
(C) The name and address of each person who made a contribution or contributions to the committee that exceeded five hundred dollars ($500) in the aggregate, the contributor's place of business, employer, or occupation, the date of the contribution, the amount contributed, and the total contributed for the year;
(D) The name and address of each candidate or committee, if any, to whom or which the committee made a contribution or contributions that exceeded fifty dollars ($50.00) in the aggregate during the filing period, with the amount contributed and the election for which the contribution was made;
(E) The name and address of each candidate or committee, if any, to whom or which the committee contributed a nonmonetary item, together with a description of the item, the date the item was contributed, and the value of the item;
(F) The total amount of expenditures made for administrative expenses and for each single expenditure that exceeded one hundred dollars ($100), an itemization including the amount of the expenditure, the name and address of the person to whom the expenditure was made, and the date the expenditure was made; and
(G) Any change in the information required by subsection (b) of this section.
(2) The reports shall be verified by an affidavit of an officer of the committee stating that to the best of his or her knowledge and belief the information disclosed is a complete, true, and accurate financial statement of the committee's contributions received and made.
(3)
(A) A report is timely filed if it is either hand delivered or mailed to the Secretary of State, properly addressed, postage prepaid, bearing a postmark indicating receipt by the post office or common carrier on the date that the report is due.
(B) The Secretary of State shall accept via facsimile any report if the original is received by the Secretary of State within ten (10) days of the date of transmission.
(C) The Secretary of State may receive reports in a readable electronic format acceptable to the Secretary of State and approved by the Arkansas Ethics Commission.
History
Acts 2005, No. 2006, § 3; 2007, No. 221, § 12; 2009, No. 473, § 8; 2019, No. 240, § 7.
7-6-227. Registration by independent expenditure committee.
(a)
(1)
(A) An independent expenditure committee shall register with the Secretary of State within fifteen (15) days after accepting contributions that exceed five hundred dollars ($500) in the aggregate during a calendar year.
(B) Registration shall be annually renewed by January 15 unless the independent expenditure committee has ceased to exist.
(C) Registration shall be on a form provided by the Secretary of State, and the contents of the form shall be verified by an affidavit of an officer of the independent expenditure committee.
(2)
(A) The independent expenditure committee shall maintain for a period of four (4) years records evidencing the name, address, and place of employment of each person that contributed to the independent expenditure committee, along with the amount contributed.
(B) The independent expenditure committee shall maintain for a period of four (4) years records evidencing each independent expenditure made by the committee, along with the amount of each expenditure.
(3)
(A) The independent expenditure committee shall designate a resident agent who shall be an individual who resides in this state.
(B) A contribution shall not be accepted from an independent expenditure committee and an expenditure shall not be made by an independent expenditure committee that has not registered and does not have a resident agent.
(4) An out-of-state independent expenditure committee shall comply with the registration and reporting provisions of this section if the committee makes an independent expenditure or independent expenditures within the State of Arkansas that in the aggregate exceed more than five hundred dollars ($500) during a calendar year.
(b) The registration form of an independent expenditure committee shall contain the following information:
(1)
(A) The name, address, and, when available, phone number of the independent expenditure committee and the name, address, phone number, and place of employment of each of its officers.
(B) However, if the independent expenditure committee's name is an acronym, then both it and the words forming the acronym shall be disclosed;
(2) The full name and street address, city, state, and zip code of each financial institution the independent expenditure committee uses for purposes of receiving contributions or making expenditures within this state;
(3) A written acceptance of designation as a resident agent;
(4) A certification by an independent expenditure committee officer, under penalty of false swearing, that the information provided on the registration is correct; and
(5) A clause submitting the independent expenditure committee to the jurisdiction of the State of Arkansas for all purposes related to compliance with this subchapter.
(c)
(1) When a committee makes a change to any information required in subsection (b) of this section, an amendment shall be filed within ten (10) days to reflect the change.
(2) A committee failing to file an amendment shall be subject to a late filing fee of ten dollars ($10.00) for each day the change is not filed.
History
Acts 2009, No. 473, § 9; 2011, No. 721, § 12.
7-6-228. Campaign signs and materials.
(a) A candidate may retain campaign signs, campaign literature, and other printed campaign materials that:
(1) Were purchased by the campaign;
(2) Were reported on the appropriate contribution and expenditure report for the campaign at the time of the purchase; and
(3) Are retained for use in a future campaign by the same candidate.
(b) A candidate:
(1) May reuse the campaign signs, campaign literature, and other printed campaign materials under subsection (a) of this section in future campaigns; and
(2) Is not required to list the campaign signs, campaign literature, and other printed campaign materials under subsection (a) of this section in future reports filed under this subchapter.
(c)
(1)
(A) Campaign signs, campaign literature, and other printed campaign materials shall clearly contain the words “Paid for by” followed by the name of the candidate, committee, or person who paid for the campaign sign, campaign literature, or other printed campaign materials.
(B) The candidate printing the campaign sign, campaign literature, or other printed campaign materials shall be responsible for including the language required by subdivision (c)(1)(A) of this section.
(2) Subdivision (c)(1)(A) of this section applies only to campaign signs, campaign literature, and other printed campaign materials created by or sponsored by a political candidate, the campaign of a political candidate, a political action committee, or an independent expenditure committee.
History
Acts 2015, No. 1280, § 10; 2017, No. 787, § 2; 2019, No. 1058, § 1; 2021, No. 755, § 1.
7-6-229. Amendment of reports — Affirmative defense.
(a) It is an affirmative defense to prosecution or disciplinary action if a person required to file a report under this subchapter amends the report within thirty (30) days of discovering or learning of an unintentional error in the report.
(b)
(1) The Arkansas Ethics Commission shall not proceed with an investigation of an alleged error in a report filed under this subchapter if the commission determines that a person would be eligible to raise the affirmative defense under subsection (a) of this section.
(2) If the commission does not proceed with an investigation of an alleged error in a report under subdivision (b)(1) of this section, the person shall not be considered to have committed a violation of the applicable statute.
(c) This section shall not be construed to:
(1) Remove the duty to file a report under this subchapter; or
(2) Authorize a person to knowingly fail to file a report under this subchapter.
History
Acts 2015, No. 1280, § 10.
7-6-230. Alternative to electronic filing of reports.
(a)
(1) A candidate required to file campaign contribution and expenditure reports in electronic form under § 7-6-207 may file reports in paper form under this section.
(2)
(A) A candidate filing reports in paper form under subdivision (a)(1) of this section shall submit with his or her first paper report in an election cycle a notarized affidavit on a form prepared by the Secretary of State.
(B) The Secretary of State shall:
(i) Not accept a report in paper form under subdivision (a)(1) of this section if a notarized affidavit was not submitted with the first paper report in the election cycle;
(ii) Provide written notice to the candidate within five (5) business days if the report in paper form was not filed or accepted; and
(iii) Provide the reason the report in paper form was not filed or accepted.
(C) The Secretary of State shall develop electronic reporting forms, including without limitation:
(i) A cover sheet for a reporting period;
(ii) Campaign contribution reports; and
(iii) Campaign expenditure reports.
(D) The Secretary of State shall develop electronic reporting forms in a manner that allows a candidate to:
(i) Fill out an electronic form for each reporting period in an electronic word processing file, portable document format, or equivalent format that may be saved in a read-only format;
(ii) Upload the electronic reporting forms electronically by an upload to the internet or delivered by electronic media to the Secretary of State; and
(iii) Combine all electronic forms into a single document that is available to the public in an electronically searchable format.
(b)
(1) The Secretary of State shall make available to candidates wishing to file reports in paper form under this section:
(A) Information on the deadlines for filing required reports; and
(B)
(i) Appropriate forms and instructions for complying with the deadlines.
(ii) The Arkansas Ethics Commission shall approve the forms and instructions used by the Secretary of State to ensure that all required information is requested.
(2) Reports shall be filed on the forms furnished by the Secretary of State, except that computer-generated contribution and expenditure reports shall be accepted by the Secretary of State and the commission provided that all of the requisite elements are included.
(c)
(1)
(A) A report submitted in paper form under this section other than a preelection report is timely filed if it is either hand delivered or mailed to the Secretary of State, properly addressed, and postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on the date that the report is due.
(B) A preelection report submitted in paper form under this section is timely filed if it is received by the Secretary of State no later than seven (7) days before the election for which it is filed.
(2) The Secretary of State shall accept a report via facsimile, provided the original is received by the Secretary of State within ten (10) days of the date of facsimile transmission.
(d)
(1) The Secretary of State shall make available campaign contribution and expenditure reports submitted in paper form, carryover fund reports submitted in paper form, and affidavits accompanying reports filed in paper form, on a portion of the official website of the Secretary of State.
(2) The Secretary of State shall comply with the requirements of § 7-6-214(c) regarding the “paper filer” designation and publication requirements for all reports submitted in paper form.
History
Acts 2017, No. 318, § 5; 2019, No. 1039, §§ 4[5], 5[6]; 2021, No. 1029, § 1.
7-6-231. Alternative to electronic filing — Reporting of independent expenditures — Registration and reports for political action committees.
(a)
(1) A person required to file reports or register in electronic form under § 7-6-215 or § 7-6-220 may file reports or register in paper form under this section if:
(A) The person does not have access to the technology necessary to submit reports or registration in electronic form; and
(B) Submitting reports or registration in electronic form would constitute a substantial hardship for the person.
(2)
(A) A person filing reports or registration in paper form under subdivision (a)(1) of this section shall submit with the first report or registration a notarized affidavit on a form prepared by the Secretary of State declaring that:
(i) The person does not have access to the technology necessary to submit reports or registration in electronic form;
(ii) Submitting reports or registration in electronic form would constitute a substantial hardship for the person; and
(iii) The person agrees to file all other reports in paper form for the duration of the period of registration.
(B) The Secretary of State shall:
(i) Not accept a report or registration in paper form under subdivision (a)(1) of this section if a notarized affidavit was not submitted with the:
(a) Registration of a political action committee; or
(b) First report of a person or independent expenditure committee;
(ii) Provide written notice to the political action committee within five (5) business days if the registration in paper form was not filed or accepted;
(iii) Provide written notice to a political action committee, person, or independent expenditure committee within five (5) business days if a report in paper form was not filed or accepted; and
(iv) Provide the reason the registration or report in paper form was not filed or accepted.
(b)
(1) The Secretary of State shall make available to persons wishing to file reports in paper form under this section:
(A) Information on the deadlines for filing required reports; and
(B)
(i) Appropriate forms and instructions for complying with the deadlines.
(ii) The Arkansas Ethics Commission shall approve the forms and instructions used by the Secretary of State under this section to ensure that all required information is requested.
(2) Reports shall be filed on the forms furnished by the Secretary of State, except that computer-generated contribution and expenditure reports shall be accepted by the Secretary of State and the commission provided that all of the requisite elements are included.
(c)
(1)
(A) A report submitted in paper form under this section other than a preelection report is timely filed if it is either hand delivered or mailed to the Secretary of State, properly addressed, and postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on or before the date that the report is due.
(B) A preelection report submitted in paper form under this section is timely filed if it is received by the Secretary of State no later than seven (7) days before the election for which it is filed.
(2) The Secretary of State shall accept a report via facsimile, provided the original is received by the Secretary of State within ten (10) days of the date of the facsimile's transmission.
(d)
(1) The Secretary of State shall make available reports submitted in paper form on a portion of the official website of the Secretary of State.
(2) The Secretary of State shall comply with the requirements of § 7-6-214(c) regarding the “paper filer” designation and publication requirements for all reports submitted in paper form.
History
Acts 2019, No. 1039, § 6[7].