§ 800
DEFINITIONS
(a)
Approved Political
Action Committee - As used in these rules, the terra
"approved political action committee" means any person who:
(i) Receives contributions from one (1) or
more persons in order to make contributions to candidates, campaign committees,
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 Ark. Code Ann.
§
7-6-215
prior to making contributions.
An approved political action committee shall not include an
organized political party as defined in Ark. Code Ann. §
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.
(b)
(1)
Contribution - As used in these rules, the term
"contribution" means, whether direct or indirect, advances, deposits, transfers
of funds, contracts, or obligations, whether or not legally enforceable,
payments, gifts, subscriptions, assessments, payments for services, dues,
advancements, forbearance, loans, pledges or promises of money or anything of
value, whether or not legally enforceable, to a person receiving same for the
purpose of expressly advocating the qualification, disqualification, passage,
or defeat of a local-option ballot question.
(2) "Contribution" includes the purchase of
tickets for events, such as dinners, luncheons, rallies, and similar
fundraising events, and the granting of discounts or rebates by television and
radio stations and newspapers, not extended on an equal basis to all persons
for the purpose of expressly advocating the qualification, disqualification,
passage, or defeat of a local-option ballot question.
(3) "Contribution" shall not include:
(i) noncompensated, nonreimbursed volunteer
personal services or travel;
(ii)
activities designed solely to encourage individuals to vote or to register to
vote; or
(iii) any communication
by a bona fide church or religious denomination to its own members or adherents
for the sole purpose of protecting the right to practice the religious tenets
of the church or religious denomination.
(c)
Disqualification of a
Local-Option Ballot Question - As used in these rules,
"disqualification of a local-option ballot question" means any action or
process, legal or otherwise, which seeks to prevent a local-option ballot
question from being on the ballot at an election.
(d)
Elected
Official - As used in these rules, the term "elected
official" means any person holding an elective office of any governmental body,
whether elected or appointed to the office.
(e)
Expenditure - As used in these rules, the term
"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, for goods, services, materials, or facilities for the purpose of
expressly advocating the qualification, disqualification, passage, or defeat of
a local-option ballot question. "Expenditure" does not include an expenditure
made for communication by a person strictly with the person's paid members or
shareholders.
(f)
Governmental Body - As used in these rules, the
term "governmental body" means any office, department, commission, council,
board, committee, legislative body, agency, or other establishment of the
executive, judicial, or legislative branch of the state, municipality, county,
school district, improvement district, or any political district or subdivision
thereof.
(g)
In-kind Contribution - As used in these rules,
the term "in-kind contribution" means a contribution of goods, services, or any
other thing of value, or its use, other than money and includes an agreement
made or other obligation incurred, whether legally enforceable or not, to make
such a contribution in the future. A person makes an "in-kind contribution"
whenever, in conjunction with the qualification, disqualification, passage, or
defeat of a ballot question or the passage or defeat of a legislative question,
such person purchases, sells or leases an item, or provides a service to or on
behalf of a ballot or legislative question committee without charge or for a
charge which is less than the fair market value of the item or service
provided. The difference between the fair market value and the charge shall be
the value of the in-kind contribution.
(h)
Local-Option Ballot
Question - As used in these rules, the term "local-option
ballot question" means a question in the form of a local-option initiative
which is submitted or intended to be submitted to a popular vote at an
election, whether or not it qualifies for the ballot.
(i)
(1)
Local-Option Ballot Question Committee -
As used in these rules, the term "local-option ballot question committee" means
any person, located within or outside Arkansas, who receives contributions for
the purpose of expressly advocating the qualification, disqualification,
passage, or defeat of any local-option ballot question, or any person, other
than an elected official expending public funds,1 or
an individual, located within or outside Arkansas, who makes expenditures for
the
(2) A person other than an
individual or an approved political action committee as defined in §
800(a) of these rules, located within or outside Arkansas, also qualifies as a
local-option ballot question committee if two percent (2%) or more of its
annual revenues, operating expenses, or funds are used to make a contribution
or contributions to another ballot question
committee2 and if the contribution or contributions
exceed ten thousand dollars ($10,000) in value.
(j)
Person - As used in these rules, the term
"person" means any individual, business, proprietorship, firm, partnership,
joint venture, syndicate, business trust, labor organization, company,
corporation, association, committee, or any other organization or group of
persons acting in concert. "Person" includes a public servant or governmental
body3 using public funds to expressly advocate the
qualification, disqualification, passage, or defeat of any local-option ballot
question.
(k)
Political Party - As used in these rules, the
term "political party" means any group of voters which, at the last preceding
general election, polled for its candidate for Governor in the state or
nominees for presidential electors at least three percent (3%) of the entire
vote cast for the office, or which has filed a petition with the Secretary of
State containing at the time of filing the signatures of at least ten thousand
(10,000) registered voters in the State of Arkansas, declaring the intention of
organizing a political party, the name of which shall be stated in the
declaration, and of participating in the next general election, and which has
been declared a new political party by the Secretary of State. When any
political party fails to obtain three percent (3%) of the total votes cast at
an election for the office of Governor or nominees for presidential electors,
it shall cease to be a political party.
(l)
Prohibited Political
Action Committee - As used in these rules, the term
"prohibited political action committee" means any person who 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 who does not meet the requirements of an approved political
action committee. A prohibited political action committee shall not include a
political party as defined in Ark. Code Ann. §
7-1-101 or a
political party that meets the requirements of Ark. Code Ann. §
7-7-205,
the candidate's own campaign committee, a county political party committee, an
exploratory committee, or a ballot or legislative question committee.
(m)
Public
Appointee - As used in these rules, the term "public
appointee" means an individual who is appointed to a governmental body. It does
not include an individual appointed to an elective office.
(n)
Public
Employee - As used in these rules, the term "public
employee" means an individual who is employed by a governmental body or who is
appointed to serve a governmental body. It does not include public officials or
public appointees.
(o)
Public Official - As used in these rules, the
term "public official" means a legislator or any other person holding an
elective office of any governmental body, whether elected or appointed to the
office, and shall include such persons during the time period between the date
they were elected and the date they took office.
(p)
Public
Servant - As used in these rules, the term "public servant"
means all public officials, public employees, and public appointees.
(q)
Qualification of a
Local-Option Ballot Question - As used in these rules,
"qualification of a local-option ballot question" means any action or process,
legal or otherwise, through which a local-option ballot question obtains
certification to be on the ballot at an election.
§ 801
CONTRIBUTIONS
AND EXPENDITURES - LIMITS
(a) No local-option ballot question committee
shall accept any contribution in cash, meaning currency or coin, which exceeds
one hundred dollars ($100).
(b) No
local-option ballot question committee shall accept any contribution from a
prohibited political action committee as defined in § 800(1).
(c) No local-option ballot question committee
or individual shall make an expenditure in cash which exceeds fifty dollars
($50.00) in conjunction with expressly advocating the qualification,
disqualification, passage, or defeat of a local-option ballot
question.
(d) No contributions
shall be made, directly or indirectly, by any person in a name other than the
name by which the person is identified for legal purposes.
(e)
(1) No
person shall make an anonymous contribution totaling fifty dollars ($50.00) or
more to a local-option ballot question committee.
(2) Any such anonymous contribution actually
received by any local-option ballot question committee shall be promptly paid
by the recipient to the Arkansas Secretary of State for deposit in the State
Treasury as general revenues.
§ 802
CONTRIBUTIONS -
DATE RECEIVED
A contribution to a local-option ballot question committee shall
be deemed to have been "received" or "accepted" when it has been delivered to a
committee and not returned to the contributor within five (5) business
days.
§ 803
IN-KIND CONTRIBUTIONS - REPORTING AND VALUE
(a) In addition to monetary contributions,
committees are required to report the receipt of any "in-kind contributions,"
as defined in § 800(g) of these rules.
(b) For reporting purposes, the value of an
in-kind contribution shall be its fair market value if it had been purchased,
sold or leased in the ordinary course of business. An in-kind contribution
constitutes a contribution. Those transactions which are specifically excluded
from the definition of "contribution" are likewise excluded from the definition
of "in-kind contribution."
(c) A
person making an in-kind contribution shall place the value on such
contribution when given. The committee may question the value set by the donor
if it appears unreasonable and shall revalue the in-kind contribution to a
reasonable value. The value of an in-kind contribution is a factual
determination which shall be made by the Arkansas Ethics Commission.
(d) The costs associated with any news story,
commentary or editorial distributed in the ordinary course of business by a
broadcasting station, newspaper or other periodical publication do not
constitute an in-kind contribution.
§ 804
VOLUNTEER
SERVICES - EXCEPTION TO IN-KIND CONTRIBUTION
(a) In addition to the other exceptions noted
in these rules, the value of volunteer services provided without compensation
do not constitute an in-kind contribution. Accordingly, an individual may
volunteer any personal service provided he or she is not compensated for the
service by any other individual or person. This applies both to manual tasks
(i.e., stuffing envelopes, answering telephones, etc.) and to
specialized services (i.e., services provided by musicians,
accountants, etc.). Whether a contribution has occurred depends upon whether
the work performed is considered "volunteer services." Whether time is spent on
a volunteer basis depends upon whether the services are rendered during time
that is the individual's own time to spend as he or she sees fit. If services
are rendered after working hours, they will typically be viewed as exempted
volunteer services.
(b) In
accordance with subsection (a) above, certain professional services, such as
legal and accounting services, which typically have fees associated with them,
may be provided to a committee on a volunteer basis, provided the need for the
services arises from the committee. For example, accounting or bookkeeping
services involved with handling the committee's contributions and expenditures
may be provided to a committee on a volunteer basis and will not count as an
"in-kind" contribution even if no fees are charged.
§ 805
EXPENDITURES -
DATE MADE
(a) The date of
an expenditure is the date the amount is readily ascertainable by the person
making the expenditure, except as provided in subsection (b) of this
section.
(b) If, under normal
business practices, the amount of an expenditure is not known or readily
ascertainable until receipt of a periodic bill, the date of the expenditure is
the date the bill is received. Examples of expenditures to which this
subsection is applicable are expenditures for utilities and telephone
bills.
(c) An expenditure by credit
card or in other ways charged to an account must be included in the report for
the period during which the charge was made, not in the report for the period
during which the statement from the credit card company or charge account was
received.
§ 806
STATEMENT OF ORGANIZATION
(a)
(1)
(A) A local-option ballot question committee
shall file a statement of organization with the Arkansas Ethics Commission
within five (5) days of receiving contributions or making expenditures in
excess of five hundred dollars ($500) for the purpose of expressly advocating
the qualification, passage, or defeat of a local-option ballot
question.
(B) The Arkansas Ethics
Commission shall maintain the statement of organization until notified of the
committee's dissolution.
(2) A local-option ballot question committee
failing to file a statement of organization required by this section shall be
subject to a late filing fee not exceeding fifty dollars ($50.00) for each day
the statement remains not filed.
(b) The statement of organization shall
include the following information:
(1) The
name, street address, and where available, the telephone number of the
committee. A committee address and telephone number may be that of the
residence of an officer or director of the committee;
(2) The name, street address, and where
available, the telephone number of the treasurer and other principal officers
and directors of the committee;
(3)
The name and address of each financial institution in which the committee
deposits money or anything else of monetary value;
(4) The name of each person who is a member
of the committee. A person that is not an individual may be listed by its name
without also listing its own members, if any; and
(5) A brief statement identifying the
substance of each local-option ballot question, the qualification,
disqualification, passage, or defeat of which the committee seeks to influence
and, if known, the date each local-option ballot question shall be presented to
a popular vote at an election.
§ 807
FILING OF
FINANCIAL REPORTS
(a) A
local-option ballot question committee which either receives contributions or
makes expenditures in excess of five hundred dollars ($500) for the purpose of
expressly advocating the qualification, disqualification, passage, or defeat of
a local-option ballot question shall file with the Arkansas Ethics Commission
financial reports as required by §§ 808 through 810.
(b) An individual person who on his or her
own behalf expends in excess of five hundred dollars ($500), excluding
contributions, for the purpose of expressly advocating the qualification,
disqualification, passage, or defeat of a local-option ballot question shall
file with the Arkansas Ethics Commission financial reports as required by
§§ 808 through 810.
(c)
An elected official expending public funds4 in
excess of five hundred dollars ($500) for the purpose of expressly advocating
the qualification, disqualification, passage, or defeat of a local-option
ballot question shall file with the Arkansas Ethics Commission financial
reports as required by §§808 through 810.
(d) Except as provided in subsection (f) of
this section, any report required by these rules shall be deemed timely filed
if it is:
(1) Hand delivered to the Arkansas
Ethics Commission on or before the date due;
(2) Mailed to the Arkansas Ethics Commission,
properly addressed, postage prepaid, bearing a postmark indicating that it was
received by the post office or common carrier on or before the date
due;
(3) Received via facsimile by
the Arkansas Ethics Commission on or before the date due, provided that the
original is received by the Commission within ten (10) days of the
transmission; or
(4) Received by
the Arkansas Ethics Commission in a readable electronic format which is
approved by the Commission.
(e) Whenever a report under these rules
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.
(f) A preelection report
is timely filed if it is received by the Arkansas Ethics Commission no later
than seven (7) days prior to the election for which it is
filed.
§ 808
CONTENTS OF FINANCIAL REPORTS
A financial report of a local-option ballot question committee,
individual person, or elected official as required by § 807, shall contain
the following information:
(1) The
name, address, and telephone number of the committee, individual person, or
elected official filing the report;
(2) For a local-option ballot question
committee:
(a) The total amount of
contributions received during the period covered by the financial
report;
(b) The total amount of
expenditures made by the committee or on behalf of the committee by an
advertising agency, public relations firm, or political consultant during the
period covered by the financial report;
(c) The cumulative amount of contributions
and expenditures reported under § 808(2)(a) and (b) for each local-option
ballot question;
(d) The balance of
cash and cash equivalents on hand at the beginning and the end of the period
covered by the financial report;
(e) The total amount of contributions
received during the period covered by the financial report from persons who
contributed less than fifty dollars ($50.00), and the cumulative amount of that
total for each local-option ballot question;
(f) The total amount of contributions
received during the period covered by the financial report from persons who
contributed fifty dollars ($50.00) or more, and the cumulative amount of that
total for each local-option ballot question;
(g) The name and street address of each
person who contributed fifty dollars ($50.00) or more during the period covered
by the financial report, together with the amount contributed, the date of
receipt, and the cumulative amount contributed by that person for each
local-option ballot question;
(h)
For each person listed under § 808(2)(g) of this section, the
contributor's principal place of business, employer, occupation, the amount
contributed, the date the contribution was accepted by the committee, and the
cumulative amount contributed for each local-option ballot question;
(i) The name and address of each person 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;
(j) A list of all paid
canvassers, officers, and directors and the amount each person was
paid;
(k) A list of all
expenditures by category, including without limitation the following:
(i) advertising;
(ii) direct mail;
(iii) office supplies;
(iv) travel;
(v) expenses; and
(vi) telephone;
(l) The total amount of nonitemized
expenditures made during the period covered by the financial report;
and
(m) The name and street address
of each person to whom expenditures totaling one hundred dollars ($100) or more
were made by the committee or on behalf of the committee by an advertising
agency, public relations firm, or political consultant, together with the date
and amount of each separate expenditure to each person during the period
covered by the financial report and the purpose for each expenditure.
(3) For an individual person:
(a) The total amount of expenditures made by
the individual person or on behalf of the individual person by an advertising
agency, public relations firm, or political consultant during the period
covered by the financial report;
(b) The cumulative amount of expenditures for
each local-option ballot question; and
(c) The name and street address of each
person to whom expenditures totaling one hundred dollars ($100) or more were
made by the individual person or on behalf of the individual person by an
advertising agency, public relations firm, or political consultant, together
with the date and amount of each separate expenditure to each person during the
period covered by the financial report and the purpose for each
expenditure.
(4) For an
elected official using public funds:
(a) The
total amount of expenditures made by the elected official using public funds or
on behalf of the elected official using public funds by an advertising agency,
public relations firm, or political consultant during the period covered by the
financial report;
(b) The
cumulative amount of expenditures for each local-option ballot question;
and
(c) The name and street address
of each person to whom expenditures totaling one hundred dollars ($100) or more
were made by the elected official using public funds or on behalf of the
elected official using public funds by an advertising agency, public relations
firm, or political consultant, together with the date and amount of each
separate expenditure to each person during the period covered by the financial
report and the purpose for each expenditure.
§ 809
VERIFICATION OF
FINANCIAL REPORTS
All financial reports filed by local-option ballot question
committees or by public servants or governmental
bodies5 spending public funds shall be verified by
affidavit. This affidavit shall state that, to the best of the filer's
knowledge and belief, the information so disclosed is a complete, true and
accurate financial statement of contributions and
expenditures.
§ 810
TIME TO FILE FINANCIAL REPORTS - LATE FEE
(a)
(1) The
first financial reports shall be filed no later than fifteen (15) days
following the month in which the five hundred dollar ($500) threshold of §
807 is met and thereafter no later than fifteen (15) days after the end of each
month until the election is held. Provided, however, for any month in which
certain days of that month are included in a preelection financial report
required under subdivision (a)(2) of this section, no monthly report for that
month shall be due, but those days of that month shall be carried forward and
included in the final financial report.
(2) Additionally, a preelection financial
report shall be filed no fewer than seven (7) days prior to any election on the
local-option ballot question, such statement to have a closing date often (10)
days prior to the election.
(3)
Furthermore, a final financial report shall be filed no later than thirty (30)
days after the election.
(b) A local-option ballot question committee,
individual person, or elected official who files a late financial report shall
be subject to a late filing fee not exceeding fifty dollars ($50.00) for each
day the report remains unfiled.
§
811
DISSOLUTION AND DISPOSITION OF
FUNDS
Upon dissolution, a local-option ballot question committee shall
so notify the Arkansas Ethics Commission in writing. Any remaining funds on
hand at the time of dissolution shall be turned over to either:
(i) the Treasurer of State for the benefit of
the General Revenue Fund Account of the State Apportionment Fund;
(ii) an organized political party as defined
in Ark. Code Ann. §
7-1-101 or a
political party caucus of the General Assembly, the Senate, or House of
Representatives;
(iii) a nonprofit
organization which is exempt from taxation under Section 501(c)(3) of the
Internal Revenue Code;
(iv) cities
of the first class, cities of the second class, or incorporated towns;
or
(v) the contributors to the
local-option ballot question committee.
§ 812
INSPECTION OF
REPORTS AND RETENTION OF RECORDS
(a) All statements of organization and
financial reports required by these rules shall be open to public inspection at
the office of the Arkansas Ethics Commission during regular office
hours.
(b) All records supporting
the reports filed under these rules shall be:
(1) made available to the Arkansas Ethics
Commission; and
(2) retained by the
filer for a period of four (4) years after the date of filing the
report.
§
813
REPORTING THE USE OF STATE FUNDS TO OPPOSE
OR SUPPORT A LOCAL OPTION BALLOT MEASURE
Any funds appropriated to any state agency, board, or commission
that are expended,6 as prescribed in § 814, for
the purpose of opposing or supporting any local-option ballot question which is
submitted or intended to be submitted to a popular vote at an election, whether
or not it qualifies for the ballot, shall be reported to the Legislative
Council if the amount exceeds one hundred dollars ($100). This reporting
requirement is in addition to those set forth in § 807(c).
§ 814
USE OF STATE
FUNDS TO OPPOSE OR SUPPORT A LOCAL-OPTION BALLOT MEASURE
The use of state funds under § 813
includes:7
(1) newspaper, television, radio, and other
forms of communication;
(2)
publication materials;
(3) travel
expenses relative to reimbursement;
(4) surveys;
(5) private contracts; and
(6) postage.
§ 815
APPLICABILITY OF
SS 813 AND 814
Sections 813 and 814 do not apply to state funds appropriated to
any elected officials.8
§ 816
PROHIBITION
AGAINST PUBLIC SERVANTS CIRCULATING AN INITIATIVE OR REFERENDUM
PETITION
It shall be unlawful for any public servant, as defined in §
800(p), to circulate an initiative or referendum petition or to solicit
signatures on an initiative or referendum petition in any public office of the
state, county, or municipal governments of Arkansas or during the usual office
hours or while on duty for any state agency or any county or municipal
government in Arkansas.
§
817
SCOPE
Nothing in these rules is intended to limit, waive, or abrogate
the scope of any statutory or common law privilege, including, but not limited
to, the work product doctrine and attorney-client privilege.
§ 818
CRIMINAL
PENALTIES
Upon conviction, any person who knowingly fails to comply with
any provision of Ark. Code Ann. §§
3-8-701 through
3-8-714, shall be fined an
amount not to exceed one thousand dollars ($1,000) or be imprisoned for not
more than one (1) year, or both.9
1 Ark. Code Ann. §
7-1-111
was established by Act 312 of 2013 and falls outside of the Arkansas Ethics
Commission's jurisdiction. Pursuant thereto, an "elected official" or "a person
appointed to an elective office" is permitted to expend or permit the
expenditure of public funds to support or oppose a ballot measure. However,
Ark. Code Ann. §
7-1-111(b)
provides that "[i]t is unlawful for a public servant or a governmental body to
expend or permit the expenditure of public funds to support or oppose a ballot
measure," With regard to this prohibition, it is noted that the term "public
funds" is defined to mean "funds, moneys, receivables, grants, investments,
instruments, real or personal property, or other assets, liabilities, equities,
revenues, receipts, or disbursements belonging to, held by, or passed through a
governmental body[.]" In addition, the term "public servant" is defined to mean
"an individual who is (i) Employed by a governmental body; (ii) Appointed to
serve a governmental body; or (iii) Appointed to a governmental body." That
definition goes on to state that "'Public servant' does not include: (i) An
elected official; or (ii) A person appointed to an elective office." It is
noted that Ark. Code Ann, §
7-1-111
does not; limit the freedom of speech of a public servant or governmental body,
including without limitation verbal expressions of views supporting or opposing
a ballot measure; prohibit a governmental body from expressing an purpose of
expressly advocating the qualification, disqualification, passage, or defeat of
any local-option ballot question. opinion on a ballot measure through the
passage of a resolution or proclamation; prohibit the incidental use of state
resources by a public servant, including without limitation travel costs, when
speaking at an event in which a ballot measure is discussed if the subject
matter of the speaking engagement is within the scope of the official duties
and responsibilities of the public servant; or prohibit the dissemination of
public information at a speaking engagement and the incidental use of state
resources in the analysis and preparation of that public information if the
subject matter of the public information is within the scope of the official
duties and responsibilities of the public servant. Ark. Code Ann. §
7-1-111
provides that a violation of the prohibition contained therein is a Class A
misdemeanor, with the exception that a public servant who is found guilty or
pleads guilty or nolo contendere to such a violation is ineligible to hold any
office, employment, or appointment in a governmental body and that if a public
servant is found guilty or pleads guilty or nolo contendere to such a violation
while employed by a governmental body, he or she shall be removed from
employment immediately
2 The term "ballot question committee"
is defined in Ark. Code Ann. §
7-9-402(2)(A)
to mean "any person, located within or outside Arkansas, that receives
contributions for the purpose of expressly advocating the qualification,
disqualification, passage, or defeat of any ballot question, or any person,
other than an elected official expending public funds, or an individual,
located within or outside Arkansas, who makes expenditures for the purpose of
expressly advocating the qualification, disqualification, passage, or defeat of
any ballot question." Subdivision -402(2)(B) of that statute goes on to provide
that "[a] person other than an individual or an approved political action
committee as defined in §
7-6-201, located
within or outside Arkansas, also qualifies as a ballot question committee if
two percent (2%) or more of its annual revenues, operating
expenses, or funds are used to make a contribution or contributions to another
ballot question committee and if the contribution or contributions exceed ten
thousand dollars ($10,000) in value[.]"
3 See Footnote 1.
4
See Footnote
1.
5
See Footnote
6
See Footnote
1.
7
See Footnote
1.
8
See Footnote
1,
9 The penalties referenced in §
818 are set forth in Ark. Code Ann. §
3-8-715. Such penalties
are applicable in criminal prosecutions and not in Arkansas Ethics Commission
proceedings.
