Due to the United States Eighth Circuit Court of Appeals ruling in Jones v. Conway County, Arkansas, 143 F.3d 417 (8th Cir. 1998), the status of county election commissioners as either county officials or state officials has become unclear. Because of this lack of clarity, there has been much confusion as to whether or not county election commissioners should have been or currently are immune from suit under the state's policy of tort immunity. It is the intent of the General Assembly to clarify the official status of county election commissioners. Prior to July 30, 1999, county election commissioners were state officials and, as such, were immune from suit pursuant to Arkansas Constitution, Article 5, § 20, and § 19-10-305. Upon July 30, 1999, county election commissioners are hereby deemed to be county officials and are immune from suit pursuant to § 21-9-301.
Structure Arkansas Code
Chapter 4 - Boards of Election Commissioners and Other Election Officers
Subchapter 1 - General Provisions
§ 7-4-101. State Board of Election Commissioners — Members — Officers — Meetings
§ 7-4-102. County boards of election commissioners — Election of members — Oath
§ 7-4-103. Vacancy or disqualification of state or county chair
§ 7-4-104. Lists of county chairs — Notification of vacancies
§ 7-4-105. County board of election commissioners — Officers — Meetings
§ 7-4-106. Assistance of prosecuting attorney
§ 7-4-107. Duties of county board of election commissioners
§ 7-4-108. Absence of election officials — Filling vacancy
§ 7-4-110. Oath of election officers
§ 7-4-111. Compensation of board members
§ 7-4-112. Compensation of election officials
§ 7-4-113. Record of funds and expenditures
§ 7-4-114. Filling vacancy of an elected office — Effect
§ 7-4-116. Election poll workers program for high school students
§ 7-4-117. Election poll workers program for college students
§ 7-4-119. Disclosure required
§ 7-4-120. Complaints of election law violations — Definitions