SB429
Concerning The Handling, Reading, Possession, Or Viewing Of Election-related Data And Providing That Election-related Data Is Exempt From The Freedom Of Information Act Of 1967 For A Period Of Time.
Last Action (May 1, 2023): Sine Die adjournment
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AI-Generated Summary
Senate Bill 429 seeks to amend the Arkansas Code to regulate the handling, reading, possession, and viewing of 'election-related data.' The bill defines this data as any paper or electronic information concerning voters, the voting process, or the casting and tabulation of ballots. During the period beginning ten days before an election and ending with the certification of results, such data may only be accessed by county clerks, their deputies, members or employees of the county board of election commissioners, and the Secretary of State or their employees. Furthermore, the bill designates all election-related data as exempt from disclosure under the Arkansas Freedom of Information Act during this timeframe. It establishes criminal penalties for violations, classifying the negligent permitting of unauthorized access as a Class A misdemeanor and purposeful unauthorized access as a Class D felony. Individuals convicted of these offenses would also be disqualified from serving as election officials in future elections.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries are election administrators, including county clerks, county boards of election commissioners, and the Secretary of State, who gain exclusive control over election-related data during the specified window. Proponents may also argue that the bill benefits the integrity of the electoral process by standardizing security protocols and preventing unauthorized interference with data during the active counting and certification phase.
Who Might Suffer?
The bill negatively impacts the public, the press, and government transparency advocates by restricting access to election data during the crucial period surrounding an election. By exempting this data from the Freedom of Information Act, the bill limits the ability of citizens, journalists, and independent election observers to audit or verify election procedures in real-time. Additionally, individuals who perform roles in the election process could face criminal prosecution and permanent disqualification from future service for either negligent or intentional errors in managing access to this data.
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