Committee advances bill to centralize new federal election guidance at secretary of state's office

A Senate committee voted to advance HB1461, a bill that would require state and county election officials to forward any new federal election guidance (from the Department of Justice or other federal executive agencies) to the secretary of state's office so it can be compiled, reviewed, and disseminated statewide.

Senator Jim Petty (Senator, District 29), the bill sponsor, said the measure "provides a means for counties to notify the state of any federal inquiry into election issues" and requires that "all state and county election officials must submit any new federal election guidance to the secretary of state within 2 business days of receipt." Petty said the intent is to create a central point for information so the legislature and local officials are aware of guidance that could affect state election administration.

Testimony from Clint Lancaster (Arkansas Voter Integrity Initiative) described examples where federal entities notify states or localities about tabulator or machine issues and argued central reporting aids oversight. Shantel McGrath, assistant director of elections for the secretary of state's office, said the office would act as the custodian and would forward federal guidance to counties when appropriate; she cited a Department of Justice visit regarding ADA compliance as an example of federal guidance that had been provided to a county.

Committee members probed how guidance currently arrives to counties versus the secretary of state, who would research interaction between federal guidance and state law, and whether counties have capacity to comply. Sponsors said the bill is intended to capture guidance that arises locally or at the secretary of state's office and to create a clearinghouse for consistent statewide dissemination rather than to create new federal policy.

The committee moved the bill and advanced it by voice vote; sponsors said the secretary of state's office would serve as custodian and compile notifications and guidance as the responsible party.