When does majority-party status attach for Arkansas county election commission composition?

Plain-English summary

Senator Eddie Joe Williams asked when Arkansas's new majority-party status would affect county election commissions after the November 2014 general election. The AG answered that party status was determined by the November 4 election, but county board membership would change sometime in January 2015.

The opinion quotes the rule for selecting commissioners: in January of each odd-numbered year after county committee officers are elected, the county committees select a three-member board. The majority party's county committee selects two members; the minority party's selects one. Commissioners hold office until successors are appointed and qualified. The AG therefore concluded that the November election changed which party was the majority, while the existing county board membership continued until the January selection.

For a vacancy before then, the AG interpreted “the county committee of the appropriate party” as the committee of the departing commissioner's party. If a former majority party became the minority party after the election, it kept its two existing seats until January. It could fill a vacancy in one of those seats during that interval, but would lose its second seat when the new board was selected.

Currency note

This opinion addressed the November 2014 to January 2015 transition. Check current election law and later guidance before applying its timing to a later election.

Common questions

Did the county boards change as soon as the election results were known?
No. The AG said the Republican Party became the majority party following the November 4, 2014 general election, while county board composition would change sometime in January 2015.

Who selects county election commissioners?
Under the rule quoted in the opinion, the majority party's county committee elects two members and the minority party's county committee elects one, in January of an odd-numbered year after the election of county committee officers.

Who fills a board vacancy during the transition?
The AG interpreted “appropriate party” to mean the party of the commissioner who left. Its county committee elects the replacement, assuming that seat is still available.

Can the former majority party fill a vacancy in its second seat before January?
Yes. The opinion says the party retains its two seats between the November election and the January board selection. It can fill a vacancy in either seat during that interval, but loses the second seat when the composition changes.

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

STATE OF ARKANSAS

THE ATTORNEY GENERAL
Dustin McDaniel

Opinion No. 2014-133

December 11, 2014

The Honorable Eddie Joe Williams
State Senator
401 Cobblestone Drive
Cabot, Arkansas 72023

Dear Senator Williams:

You have requested my opinion on the following question concerning the timing of the change in status of the Arkansas majority party:

To ensure a smooth transition on all county election commissions, please clarify when majority party status attaches. Does this occur on the date the election is certified or another date?

It is my understanding that this question may be prompted, at least in part, by the existence of vacancies on some county boards of election commissioners (hereinafter "county boards"). As background for the question, you note that "[b]y definition, the party with a majority of candidates elected to constitutional offices is the majority party."

RESPONSE

As you have indicated, the Election Code's definition of "majority party" means that majority party status is determined by the results of the races for constitutional state offices in the last-preceding general election. We therefore now know that the Republican Party is the majority party. However, this does not resolve your question regarding a "transition on all county election commissions." I assume this question is concerned with the timing of the selection of the members of the county boards (hereinafter "commissioners"). That question is governed by A.C.A. § 7-4-102, which in relevant part provides for the selection of commissioners in January of odd-numbered years:

(a)(1) In January of each odd-numbered year following the election of county committee officers members of the county board of election commissioners shall be elected by their respective county committees.

(2) The membership of the county board shall be as follows:

(A) Two (2) members elected by the county committee of the majority party; and

(B) One (1) member elected by the county committee of the minority party.

It is clear from this statute that commissioners serve a two-year term. Additionally, commissioners "hold office until their successors are appointed and qualified." Thus, while the status of the "majority party" was determined at the November 4, 2014, general election, and the majority party is now the Republican Party, there will be no change in the composition of the county boards until sometime in January, 2015.

With regard to the filling of vacancies on the county boards, the same statute noted above governing county board transition provides for the election of a new commissioner "by the county committee of the appropriate party." I interpret "appropriate party" to mean the party of the commissioner who vacated. Commissioners represent, and serve at the pleasure of, their respective county party committees, i.e., the party committee that elected them. It reasonably follows that a vacancy on the board will be filled by the county party committee that elected the vacating commissioner.

Of course, this conclusion assumes that the position is still available. It could be the case that, after the November general election, the party that was in the majority becomes the minority. Between the November election and January, such a party keeps its two seats on the board. So if one of those seats becomes vacant, the party is free to fill it. But in January, that party loses its second seat. See A.C.A. § 7-4-102(a).

Deputy Attorney General Elisabeth A. Walker prepared the foregoing opinion, which I hereby approve.

Sincerely,

DUSTIN McDANIEL
ATTORNEY GENERAL

DM/EAW:cyh