Judges: DUSTIN McDANIEL, Attorney General
Filed Date: 1/14/2008
Status: Precedential
Modified Date: 7/5/2016
The Honorable Steve Harrelson State Representative 300 North State Line Avenue Texarkana, Arkansas 71854-5926
Dear Representative Harrelson:
I am writing in response to your request for an opinion on the application of
From section 2 (c)(1), it is clear that commissioners may not be employed by a political party or anyone appearing on the ballot in the county where they are the commissioner.
From section 2 [(c)](2)(B), it is clear that commissioners may make financial contributions to anyone appearing on the ballot in the county for which they are a commissioner.
From section 2 [(c)](3), it is clear that commissioners may not have any pending business dealings with the county for which they are a commissioner.
What is not clear is whether a commissioner may promote anyone appearing on the ballot in the county for which they are a commissioner, assuming they are not a paid employee of the candidate or political party.
For example, may a commissioner put a sign in support of County Judge Candidate A in their yard? May a commissioner put a bumper sticker in support of U.S. Senate Candidate B on their vehicle? May a commissioner make phone calls encouraging voters to support Secretary of State Candidate C? May a commissioner be a host for a fundraiser in support of State Assembly Candidate D?
RESPONSE
In my opinion the answers to your questions depend upon whether an election commissioner engaging in the different types of conduct listed above could be described as "participat[ing] in any person's campaign" for purposes of
The Act you mention,
(c)(1) No person who is a paid employee of any political party or of any person running for any office on that county's ballot shall be eligible to be a member of a county board or an election official.
(2)(A) No person serving on the county board shall participate in any person's campaign listed on that county's ballot.
(B) The making of a financial contribution to a candidate shall not be considered participating in a candidate's campaign.
(3) No person employed with a company that has any business dealings, contracts, or pending contracts before a county board to which he or she would seek appointment shall be eligible to be a candidate for the county board.
You indicate that each of the above subsections is clear, except the italicized portion above in subsection (c)(2)(A), which makes it unlawful for a commissioner to "participate in any person's campaign listed on that county's ballot." Your four questions thus pose various scenarios and essentially inquire as to whether those actions would constitute "participat[ing] in any person's campaign." I will assume for purposes of your question that each of the candidates listed in the questions above will be listed on the ballot in the county in which the commissioner serves.
Question 1 — For example, may a commissioner put a sign in support of County Judge Candidate A in their yard?
Your first question concerns the placement of a yard sign in the commissioner's yard. The relevant inquiry is whether this amounts to a commissioner "participat[ing] in any person's campaign."
As an initial matter, I recently noted in Op. Att'y Gen.
Where a term is not defined, however, the Arkansas Supreme Court applies the rules of statutory construction to determine its meaning. As stated in K.N. v. State,
The first rule in considering the meaning and effect of a statute is to construe it just as it reads, giving the words their ordinary and usually accepted meaning in common language. Raley v. Wagner,
Id. at 584, 585, quoting Weiss v. American Honda Finance Corp.,
The court has sometimes resorted to dictionary definitions in order to determine the meaning of a word or phrase, see Arkansas Tobacco Control Board v. Santa Fe Natural Tobacco Company,
It has been held in this regard that the word "`[p]articipate' is derived from two Latin words, "pars," [meaning] part, and "capio," [meaning] to take. It means to take part — to share in common with others." Reardon v. State,
Despite this fairly clear definition of the word "participate," I have found no helpful case law indicating whether the placement of a campaign yard sign could be considered "participat[ing]" in a candidate's campaign. It is unclear, in my opinion, that such placement constitutes "taking part" in a campaign. Such a construction may be doubtful in light of the fact that the applicable statute (A.C.A. §
Question 2 — May a commissioner put a bumper sticker in support of U.S. Senate Candidate B on their vehicle?
In my opinion an analysis similar that to that discussed in response to your first question above is equally applicable to your second question concerning a bumper sticker. See again, however, n. 2, supra.
Question 3 — May a commissioner make phone calls encouraging voters to support Secretary of State Candidate C?
In my opinion this activity is clearly prohibited by A.C.A. §
In my opinion, similarly, the making of phone calls to encourage voters to support a political candidate clearly constitutes "participat[ing] in any person's campaign." The answer to your third question is therefore "no."
Question 4 — May a commissioner be a host for a fundraiser in support of State Assembly Candidate D?
In my opinion this action is also prohibited by A.C.A. §
Deputy Attorney General Elana C. Wills prepared the foregoing opinion, which I hereby approve.
Sincerely,
DUSTIN McDANIEL Attorney General
KN v. State , 203 S.W.3d 103 ( 2005 )
Lawhon Farm Services v. Brown , 335 Ark. 276 ( 1998 )
Stephens v. Arkansas School for the Blind , 341 Ark. 939 ( 2000 )
Ford v. Keith , 338 Ark. 487 ( 1999 )
Kildow v. Baldwin Piano & Organ , 333 Ark. 335 ( 1998 )
Weiss v. American Honda Finance Corp. , 360 Ark. 208 ( 2004 )
Harold Ives Trucking Co. v. Pickens , 355 Ark. 407 ( 2003 )
Arkansas Tobacco Control Board v. Santa Fe Natural Tobacco ... , 360 Ark. 32 ( 2004 )
Raley v. Wagner , 346 Ark. 234 ( 2001 )
Bill Fitts Auto Sales, Inc. v. Daniels , 325 Ark. 51 ( 1996 )
Dunklin v. Ramsay , 328 Ark. 263 ( 1997 )
Burcham v. City of Van Buren , 330 Ark. 451 ( 1997 )