The 88th General Assembly
has convened the 2012 fiscal session

Tuesday, January 15, 2008

AG: Election commissioners can support campaigns to a point

Attorney General Dustin McDaniel issued an opinion yesterday in response to an inquiry I made about the level of support election commissioners can lend to candidates. Act 489 0f 2007 prohibits election commissioners serving on the county board from "participating in any person’s campaign listed on that county’s ballot."

The opinion suggests that election commissioners can still display a yard sign and bumper sticker for particular candidates within the county but can't host a fundraiser or make phone calls for a candidate's campaign. The statute allows for commissioners to make financial contributions. It's an interesting topic and a fine line for election commissioners who want to help a candidate. The statute raises speech issues on one hand, but on the other, the public ought to be assurred of having a fair and unbiased process, and perception can surely play a role there if election commissioners are out actively campaigning for a particular candidate. Here's an article from the Arkansas News Bureau.