Section 23-15-211 - Composition and duties of State Board of Election Commissioners; elections training seminar; certification of seminar participants; compensation of commissioners attending seminar; authorization by Secretary of State of additional training days(1) There shall be a State Board of Election Commissioners to consist of the following members: (a) The Governor, who shall serve as chair;(b) The Secretary of State, who shall serve as secretary, maintain minutes of all meetings and accept service of process on behalf of the board; and(c) The Attorney General. Any two (2) of the members of the State Board of Election Commissioners may perform the duties required of the board.
(2) The duties of the board shall include, but not be limited to, the following: (a) Ruling on a candidate's qualifications to run for statewide, Supreme Court, Court of Appeals, congressional district, circuit and chancery court district, and other state district offices;(b) Approving the state ballot for the offices stated in paragraph (a) of this subsection (2); and(c) Adopting any administrative rules and regulations as are necessary to carry out the statutory duties of the board.(3) The board of supervisors of each county shall pay members of the county election commission for attending training events a per diem in the amount provided in Section 23-15-153; however, except as otherwise provided in this section, the per diem shall not be paid to an election commissioner for more than twelve (12) days of training per year and shall only be paid to election commissioners who actually attend and complete a training event and obtain a training certificate.(4) Included in this twelve (12) days shall be an elections seminar, conducted and sponsored by the Secretary of State. Election commissioners and chairpersons of each political party executive committee, or their designee, shall be required to attend. An election commissioner shall be certified by the Secretary of State only after attending the annual elections seminar and satisfactorily completing the skills assessment provided for in Section 23-15-213. Such skills assessment shall only be required once every four (4) years.(5) Each participant shall receive a certificate from the Secretary of State indicating that the named participant has received the elections training seminar instruction and satisfactorily completed the skills assessment provided for in Section 23-15-213. Election commissioners shall annually file the certificate with the chancery clerk. If any election commissioner shall fail to file the certificate by April 30 of each year, his or her office shall be vacated, absent exigent circumstances as determined by the board of supervisors and consistent with the facts. The vacancy shall be declared by the board of supervisors and the vacancy shall be filled in the manner described by law. Before declaring the office vacant, the board of supervisors shall give the election commissioner notice and the opportunity for a hearing.(6) The Secretary of State, upon approval of the board of supervisors, may authorize not more than eight (8) additional training days per year for election commissioners in one or more counties. The board of supervisors of each county shall pay members of the county election commission for attending training on these days a per diem in the amount provided in Section 23-15-153.Derived from 1972 Code § 23-5-1 [Codes, 1871, §§ 340 et seq.; 1880, § 121; 1892, § 3601; 1906, § 4107; Hemingway's 1917, § 6741; 1930, § 6176; 1942, § 3204; Laws, 1964, 1st Ex Sess ch. 30; Laws, 1968 ch. 568, § 1; Laws, 1970, ch. 509, § 1; repealed by Laws, 1986, ch. 495, § 335]; Laws, 1986, ch. 495, § 54; Laws, 1990, ch. 325, § 1; Laws, 2004, ch. 305, § 13; Laws, 2006, ch. 592, § 3; Laws, 2008, ch. 528, § 3, eff. 8/7/2008 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965).Amended by Laws, 2023, ch. 444, HB 1306,§ 1, eff. 1/1/2024.Amended by Laws, 2022, ch. 351, HB 1331,§ 2, eff. 7/1/2022.Brought forward without change by Laws, 2018, ch. 399, HB 937,§ 4, eff. 7/1/2018.Amended by Laws, 2017, ch. 441, HB 467, 37, eff. 7/1/2017.Brought forward without change by Laws, 2016, ch. 326, HB 137, 3, eff. 7/1/2016.Amended by Laws, 2014, ch. 397, HB 460, 2, eff. 7/1/2014.