Stricken language would be deleted from and underlined language would be added to present law.
Act 416 of the Regular Session
1 State of Arkansas As Engrossed: H3/1/21 H3/4/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1522
4
5 By: Representative Ray
6 By: Senator B. Ballinger
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND ARKANSAS ELECTION LAW; TO AMEND
10 ELECTION LAW CONCERNING MISDEMEANOR OFFENSES; TO
11 CREATE A MISDEMEANOR OFFENSE FOR FALSE STATEMENTS BY
12 CANDIDATES; AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO AMEND ARKANSAS ELECTION LAW; TO AMEND
17 ELECTION LAW CONCERNING MISDEMEANOR
18 OFFENSES; AND TO CREATE A MISDEMEANOR
19 OFFENSE FOR FALSE STATEMENTS BY
20 CANDIDATES.
21
22
23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
24
25 SECTION 1. Arkansas Code 7-1-103 is amended to read as follows:
26 7-1-103. Miscellaneous misdemeanor offenses Penalties Definitions.
27 (a) The violation of any of the following shall be deemed misdemeanors
28 punishable as provided in this section:
29 (1) It shall be unlawful for any person to appoint or offer to
30 appoint anyone to any office or position of trust or for any person to
31 influence, attempt to influence, or offer to influence the appointment,
32 nomination, or election of any person to office in consideration of the
33 support or assistance of the person for any candidate in any election in this
34 state;
35 (2)(A)(i) It shall be unlawful for any public servant, as
36 defined in 21-8-402, to devote any time or labor during usual office hours
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1 toward the campaign of any other candidate for office or for the nomination
2 to any office.
3 (ii) Devoting any time or labor during usual office
4 hours toward the campaign of any other candidate for office or for the
5 nomination to any office includes without limitation the gathering of
6 signatures for a nominating petition.
7 (B) It shall be unlawful for any public servant, as
8 defined in 21-8-402, to circulate an initiative or referendum petition or
9 to solicit signatures on an initiative or referendum petition in any public
10 office of the state, county, or municipal governments of Arkansas or during
11 the usual office hours or while on duty for any state agency or any county or
12 municipal government in Arkansas.
13 (C) It shall be unlawful for any public servant, as
14 defined in 21-8-402, to coerce, by threats or otherwise, any public
15 employee into devoting time or labor toward the campaign of any candidate for
16 office or for the nomination to any office;
17 (3)(A) It shall be unlawful for any public servant, as defined
18 in 21-8-402, to use any office or room furnished at public expense to
19 distribute any letters, circulars, or other campaign materials unless such
20 office or room is regularly used by members of the public for such purposes
21 without regard to political affiliation. It shall further be unlawful for any
22 public servant to use for campaign purposes any item of personal property
23 provided with public funds.
24 (B) As used in subdivision (a)(3)(A) of this section,
25 campaign materials and campaign purposes refer to:
26 (i) The campaign of a candidate for public office;
27 and
28 (ii) Efforts to support or oppose a ballot measure,
29 except as provided in 7-1-111;
30 (4) It shall be unlawful for any person to assess any public
31 employee, as defined in 21-8-402, for any political purpose whatever or to
32 coerce, by threats or otherwise, any public employee into making a
33 subscription or contribution for any political purpose;
34 (5) It shall be unlawful for any person employed in any capacity
35 in any department of the State of Arkansas to have membership in any
36 political party or organization that advocates the overthrow of our
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1 constitutional form of government;
2 (6) It shall be unlawful for any campaign banners, campaign
3 signs, or other campaign literature to be placed on any cars, trucks,
4 tractors, or other vehicles belonging to the State of Arkansas or any
5 municipality, county, or school district in the state;
6 (7)(A)(i) All articles, statements, or communications appearing
7 in any newspaper printed or circulated in this state intended or calculated
8 to influence the vote of any elector in any election and for the publication
9 of which a consideration is paid or to be paid shall clearly contain the
10 words Paid Political Advertisement, Paid Political Ad, or Paid for by
11 the candidate, committee, or person who paid for the message.
12 (ii) Both the persons placing and the persons
13 publishing the articles, statements, or communications shall be responsible
14 for including the required disclaimer.
15 (B)(i) All articles, statements, or communications
16 appearing in any radio, television, or any other electronic medium intended
17 or calculated to influence the vote of any elector in any election and for
18 the publication of which a consideration is paid or to be paid shall clearly
19 contain the words:
20 (a) Paid political advertisement or paid
21 political ad; or
22 (b) Paid for by, sponsored by, or
23 furnished by the true sponsor of the advertisement.
24 (ii) Both the persons placing and the persons
25 publishing the articles, statements, or communications shall be responsible
26 for including the required disclaimer;
27 (8)(A) An election official acting in his or her official
28 capacity shall not do any electioneering:
29 (i) On election day or any day on which early voting
30 is allowed;
31 (ii) In a building in which voting is taking place;
32 or
33 (iii) Within one hundred feet (100') of the primary
34 exterior entrance used by voters to a building in which voting is taking
35 place.
36 (B) On early voting days and election day, a person shall
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1 not do any electioneering during voting hours:
2 (i) In a building in which voting is taking place;
3 (ii) Within one hundred feet (100') of the primary
4 exterior entrance used by voters to a building in which voting is taking
5 place; or
6 (iii) With persons standing in line to vote.
7 (C)(i) As used in this subdivision (a)(8),
8 electioneering means the display of or audible dissemination of information
9 that advocates for or against any candidate, issue, or measure on a ballot.
10 (ii) Electioneering includes without limitation
11 the following:
12 (a) Handing out, distributing, or offering to
13 hand out or distribute campaign literature or literature regarding a
14 candidate, issue, or measure on the ballot;
15 (b) Soliciting signatures on a petition;
16 (c) Soliciting contributions for a charitable
17 or other purpose;
18 (d) Displaying a candidate's name, likeness,
19 or logo;
20 (e) Displaying a ballot measure's number,
21 title, subject, or logo;
22 (f) Displaying or dissemination of buttons,
23 hats, pencils, pens, shirts, signs, or stickers containing electioneering
24 information; and
25 (g) Disseminating audible electioneering
26 information.
27 (iii) Electioneering does not include:
28 (a) The presentation of a candidate's
29 identification by the candidate under Arkansas Constitution, Amendment 51,
30 13; or
31 (b) The display of a ballot measure in the
32 polling place as required under 7-5-202;
33 (9) No election official shall perform any of the duties of the
34 position before taking and subscribing to the oath provided for in 7-4-110;
35 (10) No person applying for a ballot shall swear falsely to any
36 oath administered by the election officials with reference to his or her
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1 qualifications to vote;
2 (11) No person shall willfully cause or attempt to cause his or
3 her own name to be registered in any other election precinct than that in
4 which he or she is or will be before the next ensuing election qualified as
5 an elector;
6 (12) During any election, no person shall remove, tear down, or
7 destroy any booths or supplies or other conveniences placed in any booth or
8 polling site for the purpose of enabling the voter to prepare his or her
9 ballot;
10 (13) No person shall take or carry any ballot obtained from any
11 election official outside of the polling room or have in his or her
12 possession outside of the polling room before the closing of the polls any
13 ballot provided by any county election commissioner;
14 (14) No person shall furnish a ballot to any elector who cannot
15 read informing him or her that it contains a name or names different from
16 those that are written or printed thereon or shall change or mark the ballot
17 of any elector who cannot read so as to prevent the elector from voting for
18 any candidate, act, section, or constitutional amendment as the elector
19 intended;
20 (15) No election official or other person shall unfold a ballot
21 or without the express consent of the voter ascertain or attempt to ascertain
22 any vote on a ballot before it is placed in the ballot box;
23 (16) No person shall print or cause to be printed any ballot for
24 any election held under this act with the names of the candidates appearing
25 thereon in any other or different order or manner than provided by this act;
26 (17) No election official shall permit the vote of any person to
27 be cast in any election precinct in this state in any election legally held
28 in this state when the person does not appear in person at the election
29 precinct and actually cast the vote. This subdivision (a)(17) shall not apply
30 to persons entitled to cast absentee ballots;
31 (18)(A) No person shall vote or offer to vote more than one (1)
32 time in any election held in this state, either in person or by absentee
33 ballot, or shall vote in more than one (1) election precinct in any election
34 held in this state.
35 (B) No person shall cast a ballot or vote in the
36 preferential primary of one (1) political party and then cast a ballot or
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1 vote in the general primary of another political party in this state;
2 (19) No person shall:
3 (A) Vote, knowing himself or herself not to be entitled to
4 vote;
5 (B) Vote more than once at any election or knowingly cast
6 more than one (1) ballot or attempt to do so;
7 (C) Provide assistance to a voter in marking and casting
8 the voter's ballot except as provided in 7-5-310;
9 (D) Alter or attempt to alter any ballot after it has been
10 cast;
11 (E) Add or attempt to add any ballot to those legally
12 polled at any election either by fraudulently introducing it into the ballot
13 box before or after the ballots have been counted or at any other time or in
14 any other manner with the intent or effect of affecting the count or recount
15 of the ballots;
16 (F) Withdraw or attempt to withdraw any ballot lawfully
17 polled with the intent or effect of affecting the count or recount of the
18 ballots; or
19 (G) In any manner interfere with the officials lawfully
20 conducting the election or the canvass or with the voters lawfully exercising
21 their right to vote at the election;
22 (20) No person shall make any bet or wager upon the result of
23 any election in this state;
24 (21) No election official, poll watcher, or any other person in
25 or out of this state in any primary, general, or special election in this
26 state shall divulge to any person the results of any votes cast for any
27 candidate or on any issue in the election until after the closing of the
28 polls on the day of the election. The provisions of this subdivision (a)(21)
29 shall not apply to any township or precinct in this state in which all of the
30 registered voters therein have voted prior to the closing of the polls in
31 those instances in which there are fifteen (15) or fewer registered voters in
32 the precinct or township; and
33 (22) Any person, election official, county clerk, or deputy
34 clerk who violates any provisions of the absentee voting laws, 7-5-401 et
35 seq., shall be punished as provided in this section.; and
36 (23) No person applying to be placed on a ballot for any public
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1 office shall knowingly provide false information with reference to his or her
2 qualifications.
3 (b)(1) Except as otherwise provided, the violation of any provision of
4 this section shall be a Class A misdemeanor.
5 (2)(A) Any person convicted under the provisions of this section
6 shall thereafter be ineligible to hold any office or employment in any of the
7 departments in this state.
8 (B)(i) If any person is convicted under the provisions of
9 this section while employed by any of the departments of this state, he or
10 she shall be removed from employment immediately.
11 (ii) If any person is convicted under the provisions
12 of this section while holding public office, the conviction shall be deemed a
13 misfeasance and malfeasance in office and shall subject the person to
14 impeachment.
15 (c) Any violation of this act not covered by this section and 7-1-
16 104 shall be considered a Class A misdemeanor and shall be punishable as
17 such.
18
19 /s/Ray
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22 APPROVED: 3/22/21
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