"Contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund-raising events; the granting of discounts or rebates by television stations, radio stations, and newspapers not extended on an equal basis to all candidates for the same office; and any payments for the services of any person serving as an agent of a candidate or committee by a person other than the candidate or committee or persons whose expenditures the candidates or committee must report under these rules. The term "contribution" further includes any transfer of anything of value received by a committee from another committee; "Contribution" shall not include noncompensated, nonreimbursed, volunteer personal services or travel.3
"Contribution and expenditure" shall not include activity sponsored and funded by a political party that meets the definition of "political party" under Ark. Code Ann. § 7-1-101 or the requirements of Ark. Code Ann. § 7-7-205 to promote its candidates or nominees through events such as dinners, luncheons, rallies, or similar gatherings and shall not include nonpartisan activity designed to encourage individuals to register to vote or to vote or any communication by any membership organization to its members or stockholders if the membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election or election of any candidate.4
"Exploratory committee" shall not include:
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.17
"Surplus campaign funds" does not include campaign signs, campaign literature, and other printed materials that were:
A candidate shall treat a loan of money or goods as a contribution for purposes of campaign finance laws and of the rules that follow. A candidate receiving a personal loan from a financial institution must disclose the loan as a loan from the candidate to his or her campaign on the proper Contribution and Expenditure Report. On the issue of loans, see also § 225 and § 234 infra.
Campaign funds may not be used to pay personal expenses. The following expenses are considered "personal expenses" per se:
Whether an expense or use of campaign funds is to be considered a "personal use" or "personal expense" and therefore prohibited by the law and these rules is a factual determination to be made by the Arkansas Ethics Commission. A person may seek an advisory opinion from the Commission concerning whether a particular use of funds is to be considered "personal use."
A campaign or candidate may use campaign funds to pay fines associated with the campaign, as in the case of a fine issued by the Ethics Commission for the late filing of a report. The payment of a fine for violations relating to a candidate's campaign duties is a political expenditure connected with the campaign and not a personal expense. If a fine is paid with campaign funds, it must be reported as a campaign expenditure and itemized on the next Contribution and Expenditure Report due, if exceeding $100.43
The report disclosing a campaign expenditure for goods or services must describe the category(ies) of goods or services received in exchange for the expenditure. It is not sufficient simply to list the payee.
After a campaign has ended, campaign assets must be disposed of in the manner prescribed by Ark. Code Ann. § 7-6-203(h), whether by sale of property for money or transfer of property in accordance with Ark. Code Ann. § 7-6-203(h).44 The candidate is responsible for assigning a fair market value to all assets of the campaign.45
A candidate my retain campaign signs, campaign literature, and other printed campaign materials that were purchased by the campaign, were reported on the appropriate contribution and expenditure report for the campaign at the time of the purchase, and are retained for use in a future campaign by the same candidate. A candidate may reuse the campaign signs, campaign literature, and other printed campaign materials in future campaigns and is not required to list the campaign signs, campaign literature, and other printed campaign materials in future contribution and expenditure reports. 46
For purposes of these rules and laws governing campaign finance, the terms "contribution" and "expenditure" shall not include activity sponsored and funded by political parties, as defined in Ark. Code Ann. § 7-1-101, to promote their candidates or nominees through events such as dinners, luncheons, rallies, or similar gatherings and shall not include nonpartisan activity designed to encourage individuals to vote or register to vote, or any communication by any membership organization to its members or stockholders if the membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election or election of any candidate.
Example: On April 5, 1996, Candidate Jane receives a $2,000 loan from Commercial Bank. She will use this loan to pay her campaign expenses. On her April report of contributions and expenditures, Candidate Jane will disclose that she received a $2,000 loan from Commercial Bank on April 5, 1996, listing it as a contribution. She must also disclose Commercial Bank's address and the guarantor's name (if there was a guarantor).
All Contribution and Expenditure Reports filed by candidates shall be verified by affidavit of the candidate or a person acting on the candidate's behalf. This affidavit shall state that, to the best of the candidate's knowledge and belief, the information so disclosed is a complete, true and accurate financial statement of the candidate's campaign contributions or expenditures.53
Required Reports and Time for Filing
Required Reports and Time for Filing
Except as provided in § 241 of these rules and Ark. Code Ann. § 7-6-208(d), each candidate for a school district, township, or municipal office, or a person acting on the candidate's behalf, shall file with the county clerk in the county where the election is held on the appropriate forms furnished by the Secretary of State, the following Contribution and Expenditure Reports:
The Campaign Contribution and Expenditure Reports required by § 239 shall indicate:
When the candidate's campaign has ended, the final report shall also indicate which option under Ark. Code Ann. § 7-6-203(h) and § 226(c) of these rules was used to dispose of any surplus campaign funds, as well as provide the amount of carryover funds retained by the candidate. If the candidate's campaign has not ended, disposal of campaign funds is not required and the candidate may carry forward any remaining campaign funds to the general primary election, general election, or general runoff election for that same office.
Required Reports and Time For Filing
Except as provided in § 244 of these rules and Ark. Code Ann. § 7-6-209(d), each candidate for a county office, or a person acting on the candidate's behalf, shall file with the county clerk in the county where the election is held on the appropriate forms furnished by the Secretary of State, the following Contribution and Expenditure Reports:
The campaign contribution reports required by § 242 shall indicate:
In addition to the information required in subsection (a), when the candidate's campaign has ended, the final report shall also indicate which option under Ark. Code Ann. § 7-6-203(h) and § 226(c) of these rules was used to dispose of any surplus campaign funds, as well as provide the amount of carryover funds retained by the candidate. If the candidate's campaign has not ended, disposal of campaign funds is not required and the candidate may carry forward any remaining funds in the campaign to the general primary election, general election, or general runoff election for that same office.
It shall be permissible for candidates to keep their campaign funds in interest-bearing accounts such as a bank checking account, a money market fund or a certificate of deposit. Candidates shall disclose the interest-bearing account on their Campaign Contribution and Expenditure Reports and report the interest earned as a contribution.
Date Report Filed | First Time Delinquency | Repeated Delinquency by Same Candidate |
1 to 10 days late | $ 25.00 per report | $ 50.00 per report |
11 to 20 days late | $ 50.00 per report | $ 100.00 per report |
21 to 30 days late | $ 100.00 per report | $ 200.00 per report |
Date Report Filed | First Time Delinquency | Repeated Delinquency by Same Candidate |
1 to 3 days late | $ 50.00 per report | $ 100.00 per report |
4 to 10 days late | $ 100.00 per report | $ 150.00 per report |
11 to 30 days late | $ 150.00 per report | $ 250.00 per report |
-A public official, as defined in Ark. Code Ann. § 21-8-402(17);
-A district judge or city attorney, whether elected or appointed;
-Any agency head, department director, or division director of state government, or a chief of staff or chief deputy of a constitutional officer, the Senate, or the House of Representatives;
-Any public appointee to a state board or commission that is authorized or charged by law with the exercise of regulatory authority or is authorized to receive or disburse state or federal funds (however, a public appointee to a state board or commission which is not charged by law with the exercise of regulatory authority and which receives or disburses state or federal funds only in the form of mileage reimbursement for members attending meetings of the board or commission shall not be required to file a written statement of financial interest);
-All persons who are elected members of a school board or who are candidates for a position on a school board;
-All public and charter school superintendents;
-All executive directors of education service cooperatives;
-Any person appointed to a municipal, county or regional (i) planning board or commission, (ii) airport board or commission, (iii) water or sewer board or commission, (iv) utility board or commission, or (v) civil service commission;
-Any member of an advertising and promotion commission; and
-Any member of a research authority board existing under Ark. Code Ann. § 14-144-201 et seq.
If a person is included in one of these categories for any part of a calendar year, then he or she must file a Statement of Financial Interest covering that period of time regardless of whether he or she has left his or her office or position as of the date the statement is due.
Date Statement Filed | Amount of Fine |
1 to 15 days late | $ 50.00 |
16 to 30 days late | $ 100.00 |
1 Ark. Code Ann. § 7-6-201(1).
2 Ark. Code Ann. § 7-6-201(2).
3 Ark. Code Ann. § 7-6-201(4).
4 Ark. Code Ann. § 7-6-201(5).
5 Ark. Code Ann. § 7-6-201(3).
6 Ark. Code Ann. § 7-6-201(6).
7 Ark. Code Ann. § 7-6-201(7).
8 Ark. Code Ann. § 7-6-201(8).
9 Ark. Code Ann. § 7-6-201(5).
10 Ark. Code Ann. § 7-6-201(9).
11 Ark. Code Ann. § 7-6-201(10).
12 Ark. Code Ann. § 7-6-201(11).
13 Ark. Code Ann. § 7-6-201(12).
14 Ark. Code Ann. § 7-6-201(13).
15 Ark. Code Ann. § 7-1-101.
16 Ark. Code Ann. § 7-6-201(14).
17 Ark. Code Ann. § 7-1-101, Ark. Code Ann. § 7-7-205.
18 Ark. Code Ann. § 7-6-201(15).
19 Ark. Code Ann. § 7-6-201(16).
20 Ark. Code Ann. § 7-6-201(17).
21 Ark. Code Ann. § 7-6-201(18).
22 Ark. Code Ann. § 7-6-203(e).
23 Ark. Code Ann. § 7-6-205(a).
24 Ark. Code Ann. § 7-6-205(b).
25 Ark. Code Ann. § 7-6-205(c).
26 Ark. Code Ann. § 7-6-205(d).
27 Ark. Code Ann. § 7-6-205(e).
28 Ark. Code Ann. § 7-6-203(a).
29 Ark. Code Ann. § 7-6-203(b).
30 Ark. Code Ann. § 7-6-203(j).
31 Ark. Code Ann. § 7-6-204(a).
32 Ark. Code Ann. § 7-6-204.
33 Ark. Code Ann. § 7-6-204(b).
34See definition of "in-kind contribution" in § 200(m).
35 Ark. Code Ann. § 7-6-203(f).
36 Ark. Code Ann. § 7-6-203(h)(5).
37 Arkansas Ethics Commission Opinion No. 96-EC-005.
38This exemption does not cover the cost of mailing invitations, only the cost of printing invitations.
39 Ark. Code Ann. § 7-6-203(g).
40 Arkansas Ethics Commission Opinion No. 97-EC-001.
41 Arkansas Ethics Commission Opinion No. 97-EC-005(B).
42 Arkansas Ethics Commission Opinion No. 97-EC-005(A).
43 Arkansas Ethics Commission Opinion No. 97-EC-002.
44 Arkansas Ethics Commission Opinion No. 92-EC-020.
45 For the definition of fair market value, see § 200(i) supra.
46 Ark. Code Ann. § 7-6-228.
47 Ark. Code Ann. § 7-6-201(17)(B).
48 Ark. Code Ann. § 7-6-203(h)(4)(D).
49 Ark. Code Ann. § 7-6-203(h)(4)(B).
50 Ark. Code Ann. § 7-6-214.
51 Arkansas Ethics Commission Opinion No. 92-EC-004.
52 Ark. Code Ann. § 7-6-210.
53 Ark. Code Ann. § 7-6-213.
54 Ark. Code Ann. § 7-1-103(a)(2)(A).
55 Arkansas Ethics Commission Opinion No. 2002-EC-005.
56 Ark. Code Ann. § 7-1-103(a)(2)(B).
57 Ark. Code Ann. § 7-1-103(a)(2)(C).
58 Ark. Code Ann. § 7-1-103(a)(3).
59Ark. 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. 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 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.
60 Ark. Code Ann. § 7-1-103(a)(3).
61 See footnote 56.
62 Ark. Code Ann. § 7-1-103(a)(4).
63 Ark. Code Ann. § 7-1-103(a)(6).
64 Ark. Code Ann. § 7-1-103(a)(7).
65 The term "public official" is defined in Ark. Code Ann. § 21-8-402 to mean "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[.]"
66 Ark. Code Ann. § 7-1-114. It is noted that the imposition of a fine for violation of Ark. Code Ann. § 7-1-114 shall not exceed one hundred fifty dollars ($150).
67 Ark. Code Ann. § 7-6-229.
68 Subsections (a)-(c) are taken directly from Ark. Code Ann. § 21-8-701. See also Arkansas Ethics Commission Opinion No. 97-EC-014, which discusses debts arising out of the ordinary course of business.
69 Ark. Code Ann. § 21-8-703.
70 Ark. Code Ann. § 21-8-701(c)(2).
71 Act 553 of 1999, codified at Ark. Code Ann § 21-8-701(c)(1).
72 Subsections (a) - (c) are derived directly from Ark. Code Ann. § 21-8-701. See also Arkansas Ethics Commission Opinion No. 97-EC-014, which discusses debts arising out of the ordinary course of business.
73 Ark. Code Ann. § 21-8-703.
74 Ark. Code Ann. § 21-8-701(f).
75 Ark. Code Ann. § 7-6-201(9).
76 Ark. Code Ann. § 7-6-216(a) and (b).
77 Ark. Code Ann. § 7-6-207(b)(1)(B) requires itemization of all contributions to campaign committees in excess of $50.00. See Arkansas Ethics Commission Opinion No. 97-EC-007.
78 Ark. Code Ann. § 7-6-216(c) and (d).
79 Ark. Code Ann. § 7-6-201(9).
80 Arkansas Ethics Commission Opinion No. 97-EC-007.
153.00.15 Ark. Code R. 006