A complaint regarding two Jefferson County Election Commission members filed with the state Board of Election Commissioners by the Democratic Party of Arkansas is on the agenda at a special commission meeting today.
The complaint, which deals with a commission meeting held Jan. 23, during which a vote was taken to consolidate polling sites at Old Morning Star Baptist Church, the Pine Bluff Administration Building and New Town Missionary Baptist Church, alleges that Commissioners Michael Adam and Stuart "Stu" Soffer failed to notify fellow Commissioner Theodis "Ted" Davis of the meeting, that they failed to notify the public of the meeting, that they failed to hold the meeting in public, and that they failed to file minutes of the meeting with the County Clerk's office. State law requires that the public be notified, the meeting be held publicly, all commissioners must be notified, and the minutes must be filed with the office of the county clerk.
According to two emails sent Jan. 22 to the Pine Bluff Commercial, Arkansas Democrat-Gazette, Deltaplex Radio, and the offices of Jefferson County Judge Gerald Robinson and Jefferson County Clerk Shawndra Taggart, proper public notice was filed and the meeting held the following day at the Election Commission office was open to the public.
However, there was no record on the email, which was also sent to Adam, Soffer and members of the Election Commission staff, that Davis had been notified. When asked, Adam said he did not send the notification to Davis.
"If that's the allegation, I sent a notice to [Democratic Central Committee Chairwoman] Pat Johnson," Adam said, "So he should have been notified."
When asked, Johnson said she never received a notice of the meeting, but Soffer, when asked, forwarded a copy of the email dated Jan. 22 at 1 p.m. that outlined the agenda of the meeting. Soffer said he never received a response from Johnson.
"The requirement is to send it," he said. "I can't make anyone open it."
According to the county clerk's office, no record exists of the minutes from the Jan. 23 meeting being filed with that office, as state law requires.
Adam said newly hired Election Coordinator George Stepps was assigned to take the minutes to file with the county clerk's office.
"I guess he didn't do it," Adam said.
Daniel Shults, director of the office of the state Board of Election Commissioners, said that if it finds that the complaint has merit, possible sanctions include issuing a letter of caution, a letter of warning, or a letter of reprimand, and the commissioners could face a fine of $500 or $1,000.
The Election Commission has called a special meeting at 6 p.m. today at the Election Commission office at 123 Main St, Pine Bluff. Entry to the building will be via the rear door because of Main Street construction. The parking area can be accessed from Second Avenue. Masks are required and attendees are asked to observe social distancing and use best practices for everyone's safety.
The meeting agenda, according to the notice, is as follows:
Approve September 10, 2020, minutes.
Unresolved issues or business:
- County judge disallowing approved vouchers.
- Poll worker training.
- Election preparation.
- Election coordinator.
Public Comments on New Business (2 minutes per speaker).
New Business:
- Democratic Party of Arkansas lawsuit.
- Attorney general opinion request.
- Election commissioner conduct.