Arkansas Statutes § 7-6-231 Alternative to electronic filing - Reporting of independent expenditures - Registration and reports for political action committees

Statute Text

(a)

(1) A person required to file reports or register in electronic form under § 7-6-215 or § 7-6-220 may file reports or register in paper form under this section if:

(A) The person does not have access to the technology necessary to submit reports or registration in electronic form; and

(B) Submitting reports or registration in electronic form would constitute a substantial hardship for the person.

(2)

(A) A person filing reports or registration in paper form under subdivision (a)(1) of this section shall submit with the first report or registration a notarized affidavit on a form prepared by the Secretary of State declaring that:

(i) The person does not have access to the technology necessary to submit reports or registration in electronic form;

(ii) Submitting reports or registration in electronic form would constitute a substantial hardship for the person; and

(iii) The person agrees to file all other reports in paper form for the duration of the period of registration.

(B) The Secretary of State shall:

(i) Not accept a report or registration in paper form under subdivision (a)(1) of this section if a notarized affidavit was not submitted with the:

(a) Registration of a political action committee; or

(b) First report of a person or independent expenditure committee;

(ii) Provide written notice to the political action committee within five (5) business days if the registration in paper form was not filed or accepted;

(iii) Provide written notice to a political action committee, person, or independent expenditure committee within five (5) business days if a report in paper form was not filed or accepted; and

(iv) Provide the reason the registration or report in paper form was not filed or accepted.

(b)

(1) The Secretary of State shall make available to persons wishing to file reports in paper form under this section:

(A) Information on the deadlines for filing required reports; and

(B)

(i) Appropriate forms and instructions for complying with the deadlines.

(ii) The Arkansas Ethics Commission shall approve the forms and instructions used by the Secretary of State under this section to ensure that all required information is requested.

(2) Reports shall be filed on the forms furnished by the Secretary of State, except that computer-generated contribution and expenditure reports shall be accepted by the Secretary of State and the commission provided that all of the requisite elements are included.

(c)

(1)

(A) A report submitted in paper form under this section other than a preelection report is timely filed if it is either hand delivered or mailed to the Secretary of State, properly addressed, and postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on or before the date that the report is due.

(B) A preelection report submitted in paper form under this section is timely filed if it is received by the Secretary of State no later than seven (7) days before the election for which it is filed.

(2) The Secretary of State shall accept a report via facsimile, provided the original is received by the Secretary of State within ten (10) days of the date of the facsimile's transmission.

(d)

(1) The Secretary of State shall make available reports submitted in paper form on a portion of the official website of the Secretary of State.

(2) The Secretary of State shall comply with the requirements of § 7-6-214 (c) regarding the "paper filer" designation and publication requirements for all reports submitted in paper form.

History

Added by Act 2019 , No. 1039 , § 6 , eff. 7/24/2019 .

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