153.00.17 Ark. Code R. § 001 - Rules on Ballot and Legislative Question Committees 2017
§ 600
DEFINITIONS
(a)
Approved Political Action
Committee - As used in these rules, the term "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)
Ballot Question - As used in these rules,
the term "ballot question" means a question in the form of a statewide, county,
municipal, or school district initiative or referendum which is submitted or
intended to be submitted to a popular vote at an election, whether or not it
qualifies for the ballot.
(c)
(1)
Ballot Question
Committee - As used in these rules, the term "ballot
question committee" means 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,1 or an individual, located within
(2) A person other than an individual or an
approved political action committee as defined in § 600(a) of these rules,
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.
(d)
(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, payment 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 ballot question or the passage or
defeat of a legislative 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
seeking to expressly advocate the qualification, disqualification, passage, or
defeat of a ballot question or the passage or defeat of a legislative
question.
(3) "Contribution" shall
not include noncompensated, nonreimbursed volunteer personal services or
travel.
(e)
Contribution and Expenditure - As used in these
rules, "contribution and expenditure" shall not include activities designed
solely to encourage individuals to register to vote or to vote, or 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, and "expenditure"
shall not include one made for communication by a person strictly with the
person's paid members or shareholders.
(f)
Disqualification of a
Ballot Question - As used in these rules, "disqualification
of a ballot question" means any action or process, legal or otherwise, which
seeks to prevent a ballot question from being on the ballot at an
election.
(g)
Elected Official - As used in these rules,
"elected official" means any person holding an elective office of any
governmental body, whether elected or appointed to the office.
(h)
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 ballot question or the passage or defeat of a legislative question.
(i)
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.
(j)
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.
(k)
Legislative
Question - As used in these rules, the term "legislative
question" means a question in the form of a measure referred by the General
Assembly, a quorum court, a municipality, or a school district to a popular
vote at an election.
(l)
(1)
Legislative Question
Committee - As used in these rules, the term "legislative
question committee" means any person, located within or outside Arkansas, that
receives contributions for the purpose of expressly advocating the passage or
defeat of any legislative question or any person, other than an elected
official expending public funds,2 or an individual,
located within or outside Arkansas, who makes expenditures for the purpose of
expressly advocating the passage or defeat of any legislative
question.
(2) A person other than
an individual or an approved political action committee as defined in §
600(a) of these rules, located within or outside Arkansas, also qualifies as a
legislative 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 legislative question committee and if the contribution
or contributions exceed ten thousand dollars ($10,000) in value.
(m)
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 an elected official using public
funds to expressly advocate the qualification, disqualification, passage, or
defeat of any ballot question or the passage or defeat of any legislative
question.
(n)
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.
(o)
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.
(p)
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.
(q)
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.
(r)
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.
(s)
Public
Servant - As used in these rules, the term "public servant"
means all public officials, public employees, and public appointees.
(t)
Qualification of a
Ballot Question - As used in these rules, "qualification of
a ballot question" means any action or process, legal or otherwise, through
which a ballot question obtains certification to be on the ballot at an
election.
§ 601
CONTRIBUTIONS AND EXPENDITURES - LIMITS
(a) No ballot question committee or
legislative question committee shall accept any contribution in cash, meaning
currency or coin, which exceeds one hundred dollars ($100).
(b) No ballot question committee or
legislative question committee shall accept any contribution from a prohibited
political action committee as defined in § 600(o). It shall be unlawful
for a prohibited political action committee as defined in § 600(o) to make
a contribution to a ballot question committee or a legislative question
committee.
(c) No ballot question
committee, legislative 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 ballot question or the passage or defeat of a legislative 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 ballot question committee or legislative question
committee.
(2) Any such anonymous
contribution actually received by any ballot question committee or legislative
question committee shall be promptly paid by the recipient to the Arkansas
Ethics Commission for deposit in the State Treasury as general
revenues.
§
602
CONTRIBUTIONS - DATE
RECEIVED
A contribution to a ballot or legislative 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.
§ 603
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 § 600(j) 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.
§ 604
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.
§ 605
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.
§ 606
STATEMENT OF ORGANIZATION
(a)
(1)
(A) A ballot question committee or a
legislative 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, disqualification, passage, or defeat of
a ballot question or the passage or defeat of a legislative question.
(B) The Arkansas Ethics Commission shall
maintain the statement of organization until notified of the committee's
dissolution.
(2) A
ballot question committee or legislative 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 for a ballot question committee as defined in
§ 600(c)(1) of these rules or a legislative question committee as defined
in § 600 (l)(1) of these rules 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 if 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 ballot or legislative question, the qualification,
disqualification, passage, or defeat of which the committee seeks to influence
or of each legislative question, the passage or defeat of which the committee
seeks to influence, and if known, the date each ballot or legislative question
shall be presented to a popular vote at an election.
(c) The statement of organization for a
ballot question committee as defined in § 600(c)(2) of these rules or a
legislative question committee as defined in § 600(l)(2) of these rules
shall include:
(1)
(A) The name, the street address, and if
available, the telephone number of the committee.
(B) The address and telephone number of a
committee in subdivision (c)(1)(A) of this section may be that of the residence
of an officer or a director of the committee;
(2) The name, street address, and if
available, the telephone number of the treasurer and the 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)
(A) The name of each person who is a member
of the committee.
(B) 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 ballot or legislative
question, the qualification, disqualification, passage, or defeat of which the
committee seeks to influence, and if known, the date each ballot or legislative
question shall be presented to a popular vote at an election.
(d) When any of the information
required in a statement of organization is changed, an amendment shall be filed
within ten (10) days to reflect the change, except that changes in individual
membership may be filed when the next financial report is required. A committee
failing to file a change as required shall be subject to a late filing fee not
exceeding twenty-five dollars ($25.00) for each day the change remains not
filed.
§ 607
FILING OF FINANCIAL REPORTS
(a) A ballot question committee or a
legislative 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 ballot question or the passage or defeat of a legislative question shall file
with the Arkansas Ethics Commission financial reports as required by
§§ 608 through 610.
(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 ballot
question or the passage or defeat of a legislative question shall file with the
Arkansas Ethics Commission financial reports as required by §§ 608
through 610.
(c) An elected
official expending public funds in excess of five hundred dollars ($500) for
the purpose of expressly advocating the qualification, disqualification,
passage, or defeat of a ballot question or the passage or defeat of a
legislative question shall file with the Arkansas Ethics Commission financial
reports as required by §§ 608 through 610.
(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.
(g) A final financial report as described in
§ 610(a)(3) is required regardless of whether a ballot question committee,
legislative question committee, individual, or elected
official3 received contributions or made
expenditures in excess of five hundred dollars ($500).
§ 608
CONTENTS OF
FINANCIAL REPORTS
A financial report of a ballot question committee, a legislative question committee, an individual person or an elected official, as required by § 607, shall contain the following information:
(1) The name, address, and telephone number
of the committee, individual person or elected official filing the
report;
(2)
(A) For a ballot question committee as
defined in § 600 (c)(1) of these rules or legislative question committee
as defined in § 600 (l)(1) of these rules:
(i) The total amount of contributions
received during the period covered by the financial report;
(ii) 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;
(iii) The
cumulative amount of contributions and expenditures reported under §
608(2)(A)(i) and (ii) for each ballot question or legislative
question;
(iv) The balance of cash
and cash equivalents on hand at the beginning and the end of the period covered
by the financial report;
(v) 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 ballot question or legislative
question;
(vi) 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 ballot question or legislative
question;
(vii) 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 ballot question or legislative question;
(viii) For each person listed under §
608(2)(A)(vii) 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
ballot question or legislative question;
(ix) 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;
(x) A list of all
expenditures by category, including without limitation the following:
(a) advertising;
(b) direct mail;
(c) office supplies;
(d) travel;
(e) expenses; and
(f) telephone; and
(xii) The total amount of nonitemized
expenditures made during the period covered by the financial
report;
(B) For a ballot
question committee as defined in § 600(c)(2) of these rules or a
legislative question committee as defined in § 600 (l)(2) of these rules
shall include the following information:
(i)
The total amount of contributions made by the committee to another ballot or
legislative question committee during the period covered by the financial
report; and
(ii) The cumulative
amount of contributions under subdivision (2)(B)(i).
(C) For an individual person:
(i) 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; and
(ii) The cumulative amount of expenditures
for each ballot question or legislative question; and
(D) For an elected official using public
funds:4
(i) The
total amount of expenditures made by the elected official using public funds or
on behalf of the elected official using public
funds5 by an advertising agency, public relations
firm, or political consultant during the period covered by the financial
report; and
(ii) The cumulative
amount of expenditures for each ballot question or legislative question;
and
(3) The
name and street address of each person to whom expenditures totaling one
hundred dollars ($100) or more were made by the committee, individual person,
or elected official using public funds, or on behalf of the committee,
individual person, or elected official using public
funds6 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 of each expenditure.
§ 609
VERIFICATION OF
FINANCIAL REPORTS
All financial reports filed by committees, individuals, public servants, or governmental bodies7 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.
§ 610
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 §
607 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
ballot question or legislative question, such statement to have a closing date
of ten (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 ballot question committee,
legislative question committee, or individual person 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.
§ 611
DISSOLUTION AND
DISPOSITION OF FUNDS
Upon dissolution, a ballot question committee or a legislative 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) a political party as
defined in § 600(n) of these rules 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 ballot question
committee or legislative question committee.
§ 612
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.
§
613
PROHIBITION AGAINST PUBLIC SERVANTS
CIRCULATING AN INITIATIVE OR REFERENDUM PETITION
It shall be unlawful for any public servant, as defined in § 600(s), 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.
§
614
PROHIBITION AGAINST USE OF PUBLIC
OFFICE/ROOM OR PERSONAL PROPERTY PROVIDED WITH PUBLIC FUNDS
It shall be unlawful for any public servant, as defined in § 600(s), to use any office or room furnished at public expense to distribute any letters, circulars, or other campaign materials unless such office or room is regularly used by members of the public for such purposes without regard to political affiliation. It shall further be unlawful for any public servant to use for campaign purposes any item of personal property provided with public funds. As used herein, "campaign materials" and "campaign purposes" refer to (i) the campaign of a candidate for public office, and (ii) efforts to support or oppose a ballot measure, except as provided in Ark. Code Ann. § 7-1-111. 8
§ 615
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.
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 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 or outside Arkansas, who makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any ballot question. 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 See Footnote 1.
3 See Footnote 1.
4 See Footnote 1.
5 See Footnote 1.
6 See Footnote 1.
7 See Footnote 1.
8 See Footnote 1.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.