Attorney General Opinions: By Mark Whitmore

...Collectors & Coroners Compendium... Homestead credit, exemptions, conflict of interest, and more

MARK WHITMORE AAC Chief Counsel

Collectors and Sheriff-Collectors

LIENS, PRIORITIES, PAYMENTS

AG Opinion No. 2003-177

Says that the Collector is not authorized to accept partial payments for delinquent taxes. {See also AG Opinions Numbers: 90-040; 90-040A; 94-143; and 96-006.} Ark. Code 26-35-501 allows for acceptance of partial payments or installment payments in respect to current taxes. The AG also opined that there is no statute of limitations on the collection of real or personal property taxes; and that Ark. Code 26-36-209 says the Collector may collect personal property taxes “at any time”. The recourse for collection of real property taxes is by virtue of statutory scheme.

AG Opinion No. 2006-148

Ark Code 26-35-601 provides that the transferor of property is required to pay the delinquent personal property, when paying real estate taxes, not current personal property taxes. {See also: Op. Att’y Gen. 2000-118 and 1999-304.}

AG Opinion No. 2008-180 AG Opinion No. 1994-022

Collectors and Sheriff-Collectors are not authorized to forgive the amount due from a taxpayer. Ark. Code 26-28-111 only authorizes correction of actual and obvious errors; and Ark. Code 26-26-115 only authorizes apportionment after acquisition of a portion of realty. All taxes assessed become a lien upon the property assessed and do not extinguish at the time of death of the taxpayer. Ark. Code 26-35-401, the personal property of the deceased is a liable in the hands of the administrator or executor. Lands conveyed to heirs or devisees are encumbered with the lien for the delinquent real estate taxes.

AG Opinion No. 2004-347

HOMESTEAD CREDIT

AG Opinion No. 2004-354

The Homestead Credit under Amendment 79 should not be permitted where a property owner submits registration for the credit after October 31st of the year after the assessment. The AG said that Ark. Code 26-26-118 sets a deadline for the credit and the taxpayer has only until October 31st to correct the credit.

AG Opinion No. 2002-030

After delinquent property is deeded to the state and appears on the tax records as state property, the parcel does not qualify for the Homestead Credit. Ark. Code 26-26-118 requires the credit be applied to the “of record owner”, it is questionable as to whether the delinquent taxpayer (while an owner) remains the owner of record of property in which title has vested in the state pursuant to Ark. Code 26-37-101.

The AG opined that generally a mortgage holder such as a bank is not required to pay the real property owner’s personal property taxes, delinquent or otherwise (whether or not the bank has an escrow). The Attorney General cited an earlier opinion which stated: “The clear intent of 26-35-601 is to permit a mortgagee or other lien holder to pay real estate taxes due upon the property that is the subject of the lien regardless of whether personal property taxes are then due from the mortgagor and regardless of whether any personal property taxes then due are simultaneously paid.” See: Op. Att’y Gen. 95-289. However, the AG noted that a mortgagee foreclosing on real property and wishing to pay real estate taxes on said property shall first be required to pay the real property owner’s delinquent personal property taxes, but the collector may not require payment of current personal property taxes by the mortgage holder. 26-35-601(c)(3) requires that a Collector accept real estate taxes at the time of a transfer in ownership only if all delinquent personal property taxes have been paid. {See also: Op. Att’y Gen. 2000-118 and 1999-304.}

The purchaser of a motor vehicle in Arkansas has no obligation to ascertain if the property taxes due or delinquent for the subject vehicle have been paid. The only obligation the purchaser has is to perform a search for liens filed against the title. The General Assembly required liens placed on motor vehicles subject to registration in this state to comply with a specific statutory procedure under Ark. Code §§ 27-14-801 through -807 requiring a copy of the instrument creating and evidencing a lien to be deposited with the Office of Motor Vehicles. A.C.A. § 27-14-802(a) (Repl. 1994). Furthermore, the office will issue a new certificate of title with the lien properly recorded, A.C.A. § 27-14-803 (Repl. 1994), and this new certificate of title serves as constructive notice of all liens and encumbrances against the motor vehicle, A.C.A. § 27-14-805 (Repl. 1994).

AG Opinion Nos. 2008-158 & 2005-209

Homestead under Ark. Code 26-26-1122 means the dwelling of a person used as his or her principal place of residence with contiguous lands, exclusive of lands valued as agricultural, pasture or timber land. Homestead shall also include land owned by a revocable trust.

VETERANS EXEMPTION

AG Opinion No. 2009-054

Under Ark. Code 26-3-306 a disabled veteran is exempt from property taxes on his or her homestead if he or she qualifies as permanently and totally disabled under 38 CFR §§ 416 & 417. Although the definition of total and permanent disability is not defined by state law, the term is tied to the federal classification system. See also AG Opinions 2001-213 and 2006-167.

AG Opinion No. 2005-209

A spouse of a disabled veteran may claim the exemption if the veteran is in a nursing home or deceased. If the spouse is in a nursing home it may be unclear if there is intent to return to the residence and legislation clarification may be warranted.

AG Opinion No. 1993-385

The fact that a veteran holds property in a joint tenancy, or a tenancy by the entirety does not prevent the property from being entitled to the veteran’s exemption. If the veteran holds only merely a tenancy in common, or a severable portion of the lands, then the exemption should only apply to the portion of the estate held by the veteran.

Property Tax Collection DUTIES and AUTHORITY

AG Opinion No. 1997-031

Distraint of goods and chattels under Ark. Code 26-36-206 and garnishment of assets of delinquent taxpayers under Ark. Code 26-36207 appear to be Constitutional. The United States Supreme Court commented that: “the power to distrain personal property for the payment of taxes is almost as old as the common law. Notice and demand for the taxes and neglect or refusal to pay are prerequisites. The notice must be reasonably calculated to inform the taxpayer of the impending sale. In regard to garnishments, the person that owes money to the taxpayer shall pay over the amount of taxes, but no more than the amount they owe the taxpayer. The AG says if the creditor and taxpayer refuse to pay the taxes to the Collector, the Collector must file a statement of the amount of taxes with that person and initiate garnishment procedures. Again, notice is a prerequisite that particular funds may be subject to garnishment for payment of delinquent taxes.

The Nature of Property Taxes as ANNUAL ASSESSMENTS

AG Opinion No. 1993-087

Arkansas law does not contain a provision for taxes to be assessed for only a portion of a year in which a taxable person or entity holds property. AG Opinion 1981-022 long ago concluded that if property was taxable on January 1 (actually the first Monday in January), taxes should be assessed for the entire year. See also AG Opinions: 86-494; 87-444; and 92-189. As between a buyer and a seller, the taxes will not attach until the third Monday in February. This applies equally to veteran’s exemptions, if the property is held by a taxable entity on the first Monday in January it is not exempt; if the property is held by a exempt entity on the first Monday in January it is exempt.

AG Opinion No. 2008-023

When the state or other exempt entity purchases property from a non-exempt entity after the first Monday in January of a tax year, the real estate is not exempt from the property taxes for the year in which purchased. {See also Attorney General Opinions: Nos. 94-302; 92-189; 81-022}. Arkansas law does not contain a provision which would allow taxes to be assessed only for the portion of the year in which a taxable organization holds the property. If the property was taxable as of January 1, . . . the correct manner in which to proceed is for the taxes to be assessed for the entire year, without regard to a change in the status during the year. There is no provision in the Arkansas Code for the State or its agencies to be relieved of liability for the tax on real property after the lien has attached. There is no authority to prorate the taxes. AHTD is authorized under subsection (a) of A.C.A. § 27-65-138 to collect and remit taxes on whole taxable parcels. If the AHTD does not remit the taxes, the local taxing authorities are confronted with the State’s sovereign immunity (Arkansas Constitution, art. 5 § 20) and should not submit the lands for forfeiture to the Land Commissioner. A remedy exists before the General Assembly through presenting a claim for the taxes with interest and penalties to the Arkansas State Claims Commission.

COLLECTION for PROTECTION DISTRICTS, IMPROVEMENT DISTRICTS, SUBURBAN IMPROVEMENT DISTRICTS

AG Opinion No. 2007-312

The Land Commissioner’s Office is not involved in the collection of delinquent fire protection fees. The Collector is charged with collecting delinquent fire protection district fees only during the time the property taxes are collected. Delinquent assessments are to be paid to the board and collected by the board through circuit court action as provided by Ark. Code 14-284-216.

AG Opinion No. 2000-299

Collection for fire protection districts is governed by Ark. Code 14-284-101 through 215. After the Collector has attempted collection, they are to report delinquency to the board for them to pursue legal remedies in court in the manner provided by Ark. Code 14-121-426 to 432 which details the requirements for obtaining a judgment for such assessments, as well as drainage improvement districts. Suburban Improvement Districts are authorized to elect to pursue their remedies in court or allow the delinquencies to be held by the Collector, and if not redeemed, certified to the Land Commissioner for redemption or sale. Under Ark Code 14-92601 to 603 certain districts of less than 7,000 acres are “eligible” districts which may elect to collect their own assessments and delinquencies, including pursuing delinquencies in court. Property owners improvement districts formed under Ark. Code 14-93-101 likewise are to be

reported to the district board upon delinquency for collection in court in the manner provided above.

AG Opinion No. 2001-049

Collectors may not refuse to accept payment of property taxes until a patron has paid their rural fire protection district fees.

AG Opinion No. 2008-141

Ark Code 14-30-108 provides that a volunteer fire department may hold an election for which if the majority voting approves, the dues shall be listed with the real property taxes and collected in like manner. The collection of fire dues does not involve certification to the state or sale by the Land Commissioner. Ark Code 14-20-108 and 26-36-201 reflect a clear intent that the Collector engage in collection of fire dues in their office between the first business day of March and October 10th.

AG Opinion No. 2004-224

Volunteer fire departments organized under 14-20-108 are commonly called “subscription” fire departments. See also: AG Opinions 2002032 and 1996-114. Such fire departments may by ordinance direct a county official to collect their fire dues. Alternatively, an ordinance may call for an election at the fire department’s expense to levy dues. Fire dues levied and to be collected in like manner as taxes are afforded the same penalties and interests of general taxes.

COLLECTION for SOLID WASTE

AG Opinion No. 2005-179

The General Assembly mandated that Collectors require payment of solid waste fees and services charges before accepting any payment of property taxes. {Act 1272 of 2005, further amended Ark. Code 8-6-212 to prescribe procedures that may be set forth in ordinances for collection of solid waste, including placement on real property taxes with the proviso that a landowner may register a tenant for the solid waste obligation and collection from personal property taxes.}

CORONERS

CONFLICT of INTEREST

AG Opinion No. 1986-361

The Attorney General determined that a conflict of interests would arise for the elected coroner to serve as coroner and simultaneously serve the county under a contract as either the owner or manager of an ambulance service. Whether or not the contract with the county was awarded through the sealed bid process is irrelevant. The AG noted that a county elected official is generally prohibited from having an interest in a service contract with the county under Ark. Code 14-14-1202. {AG Opinion No. 1990-131: The AG later opined that the action by a quorum court under Ark. Code 14-14-1202 may validate the contract, if the quorum court declares there to be “unusual circumstances”, but the particular facts and specific language of the ordinance would impact the legality.}

AG Opinion No. 1987-457

The Attorney General stated that there was no conflict of interest where the son and daughter-inlaw of a Coroner operate an ambulance service in the same county where the Coroner is the father and father-in-law.

AG Opinion No. 1988-002

The Attorney General determined that it was a conflict of interest for an appointed Coroner to appoint his wife as deputy coroner; and that such an appointment by the Coroner generated a personal economic gain to the Coroner or to his immediate family prohibited by Ark. Code 14-141202. Also, Ark. Code 21-8-304 prohibits a public official from using his or her position to secure special privileges for their spouse or other persons of standing within the first degree of relationship or for whom they have a substantial financial relationship.

AG Opinion No. 1989-018

The Attorney General opined that there was no apparent conflict of interest in simultaneously holding the office of deputy coroner and deputy sheriff.

AG Opinion No. 1990-142

The Attorney General opined that there was no apparent conflict of interest in the owner and operator of a funeral home simultaneously serving as the duly elected Coroner. The AG mentioned that the facts may dictate the opposite conclusion to the extent the county seeks to contract with the funeral home, but that “unusual circumstances” may exist and be permitted by the Quorum Court by ordinance under Ark. Code 14-14-1202.

AG Opinion No. 2001-296

The Attorney General opined that there was no apparent conflict of interest in simultaneously holding the office of deputy coroner and city council.

FREEDOM of INFORMATION ACT

AG Opinion No. 1987-135: The Attorney General advised that the Coroner’s Reports are generally public records. However, certain Coroner’s Reports may not be subject to disclosure under the FOIA as “undisclosed investigations by law enforcement agencies of suspected criminal activity”. The Attorney General added that once the investigation is complete the final report and supporting documents fall within the public’s right to inspect and copy under FOIA.

AG Opinion No. 1987-353

Pursuant to Ark. Code 12-12-312 the autopsy report in the custody of the State Crime Lab are privileged and confidential; and shall be released only by order of a court of competent jurisdiction, the prosecuting attorney over the case, and the public defender. Also, the defendant and his or her legal counsel shall be afforded access to all records pertaining to the subject criminal case. {Note: Ark. Code 14-15-304 also specifically addresses the protection of Coroner’s records until such time as the final report is issued}.

CORONER’S AUTHORITY to INVESTIGATE DEATH

AG Opinion No. 1995-263

coroner’s responsibility does not include criminal investigation responsibilities. However, a Coroner shall assist any law enforcement agency or the State Crime Laboratory upon request. This Section provides that the coroner shall be given access to all death scenes; shall have the right to issue subpoenas; if deemed qualified may handle take and handle toxicological samples; and provides the preliminary report shall be issued within (5) five working days and shall include pronouncement of death. This section further provides requirement for the report, if a death occurs without medical attendance or was the result of a homicide, suicide or accident. Ark. Code 14-15303 directs for the Coroner to satisfy himself as to whether the death was a result of a crime. The other responsibilities at the scene of death not assigned to the Coroner, shall be the authority of law enforcement officials and prosecuting attorneys having jurisdiction.

AG Opinion No. 1994-107

The Attorney General determined that the Coroner has the authority to prohibit removal of a weapon from a death crime scene. The Coroner also has authority to prohibit the removal of a body from a death crime scene pursuant to Ark. Code 20-18-604. In regard to the coroner’s authority at the crime scene, reference should be made to A.C.A. 14-15-301 to -303. Section 14-15-302(b) (1) states that “[c]oroners shall be given access to all death scenes in order to perform the duties set forth in this subchapter.” These duties include

“Te Attorney General opined that there conducting an investigation concerning the circumstances surrounding the death (14-15-301), assisting law enforcement was no apparent conflict of interest in agencies or the State Crime Lab (14-15302(a)), taking toxicological samples if simultaneously holding the office of deputy deemed qualified (14-15-302(c)), and releasing the body for final disposition in coroner and deputy sheriff.” accordance with 14-15-303. It is generally deemed that medical personnel have the final say as to whether a person is apparently dead may receive medical treatment. while cooperation between [the coroner and emergency medical personnel] would be preferred, if a disagreement about whether or not to continue emergency medical treatment at a scene cannot be resolved, the coroner should yield to the decision of emergency medical personnel on this issue. Also, Ark. Code 20-13-901, “the do not resuscitate act” allows persons to prohibit medical treatment. {See Also: AG Opinion No. 1999-064; and 1991-263.

Experience Counts!

Paid for by the Tate for State Campaign. Buck and DeAndra Gibson, Co-Treasurers.

Statewide Primary Election May 18, 2010 Early voting begins May 3, 2010

Sherry Bell: Making a difference in Columbia County

By Randy M. Kemp County Lines Editor

When Sherry Bell, the County Clerk from Columbia County, was installed last fall as president of the County Clerks Association, probably few people knew the circuitous route she had taken to get there.

No, we’re not talking about Hwy. 7 and other curvy roads linking Magnolia in south Arkansas to Mt. Magazine State Park, Arkansas’s highest point, where the County Clerks were meeting. Her story is about the “Air Force brat” who moved a few times, went to college to be an airline stewardess, launched a promising career path with the construction giant Brown and Root.... On her way to her real career in county government.

But first, to catch the reader up a bit...

Sherry grew up in Chicago, but upon finishing 8th grade, Mom, Dad, Sherry and her five younger siblings migrated south, landing near Galveston at LaPort, Texas. With six children on an Air Force salary, money was always a little tight, so as a high school sophomore, she landed a job as a cashier at a Super X Drugstore. She was accustomed to work, and getting a good grasp of money-handling principles as she transitioned from high school to San Jacinto Junior College. She was doing all the reconciliation of the drugstore cash receipts and was responsible for all the coupons.

Like banker George Bailey (It’s A Wonderful Life”), Sherry had an itch to see the world, but no means to do so – thus her idea of making a career as a flight attendant. “I thought that was the way for me to see the world,” she said with a smile. She was a go-getter, but after three-plus years, was still making $2.10 an hour at the drugstore. “I loved that job, because I was working around people – and I loved people!” But it caught her attention when her brother signed on with Brown and Root at $5.15 an hour.

She applied, gave a great interview, and right away she was keeping up with timesheets for construction crews. She kept adding to her responsibilities, and about four years in, “sometimes they would let me do field work – pulling big cables, or up in a lift… a lot of different things. I wanted to do that, just to better understand the needs of the men in the field.”

And that is where she met her husband, James. Between marriage and a new career, the flight attendant plan got parked in the hangar. Combine that with the death of her dad and the uneasiness of raising three step-children, two of them daughters, in an edgy, urban setting, and they started talking about a move.

With the passing of her dad, Sherry’s uncle, Bob W. “Rock” Robertson of Magnolia, grew quickly into a mentor, friend and confidant role. “We wanted to get the kids out of that environment, and out to the country,” said Sherry. And so they moved to the country, landing outside Magnolia in Columbia County in 1982.

The biggest down-side of the move was financial. Through her diligence and the fact she never missed work, Brown and Root was giving her a raise every 90 days. “I was making $11.05 before I moved to Magnolia,” she recalled. She would find that hard to match in Columbia County at that time, but she sure wasn’t going to sit still. And that’s when she launched her career in county government. The Assessor, Kenneth Eddy, hired her the last week of her unemployment benefits. “He said he liked my enthusiastic attitude,” she recalls with her characteristic smile.

Sherry’s never been one for workplace “status quo”, and in the 1990s, she not only became fourth or fifth person in the county to attain Level 4 appraiser, she was the first woman to do so – a really noteworthy accomplishment. She worked 15 years in the Assessor’s office, until 1998.

They were enjoying “life in the country”, and husband James was working as chief deputy in the Sheriff’s Office. But he had a heart attack in 1997, and found himself sidelined. “That was a big reality check for me – that I could find myself being a single parent raising a child (they’d had a son together by then).

Another part of that reality check was James’s stay in intensive care, accumulating a huge medical debt that would take them 10 years to pay off.

Stepping out of her comfort zone again, she decided to run for Columbia County Treasurer, but she lost the 1996 race to Marion Barnard, who has continued to serve in that post. Sherry recalls sending her a congratulatory card after the election, assuring her opponent that “The Lord put you in that position.”

But 1998 was a different story. County Clerk Debbie Longino-Atkinson decided not to seek another term. “The minute she made that decision public, I started getting calls, encouraging me to run,” she said. With no money, no campaign infrastructure, and no time off, her only recourse was to simply ask voters, “Please consider me; I will give it my all!”

Meanwhile James, four heart bypasses later, had moved back to Houston for a chemical plant job – he’s an industrial engineer – as they each hustled to stay ahead of the stack of bills. He wasn’t so sure about her candidacy, with him being out of town so much, but her mentor uncle encouraged her. “This is where you’ll really shine, because of your people skills,” he told her. James thought on it, agreed, and came back home to help her campaign.

She had to beat a primary opponent and campaign through a runoff, but her eventual victory was doubly exciting “because I wasn’t a home-town person,” she said.

Sherry Bell (left), at a recent meeting of the County Financial Code Review work group with Legislative Audit. To her left are Rhonda Cole, Clark County Clerk; and Faron Ledbetter, Madison County Clerk.

She’d won the election, but there was a dark lining to her silver cloud in the first week. “I had been in office less than a week (January 1999) and had to have major surgery” as a result of overdoing it while lifting and moving furniture after a pipe burst in their home a couple of years earlier. She was taken to St. Vincent’s in Little Rock in an ambulance, “because I couldn’t move!”

A month later, an arsonist set the Columbia County Courthouse on fire. “We took a bad hit, but the records were preserved,” said Sherry. But the repairs put her, the County Judge and Circuit Clerk out of their offices for more than a year. “There were so many challenges that first year, all while I was trying to learn my job, and at the same time managing my people,” she recalls.

Once she finally got her office back and started a routine, “it was always in my mind: ‘What can we do to run the office better?’ This is not about Sherry Bell,” but about giving the citizens the best bang for the buck, she said. “Some people, it seems, get elected and lose touch with why they are in that office to begin with. I don’t ever want to do that.”

One way she guards that is with teamwork. “I’m big on collaborative effort. I’m big on asking my staff for ideas and input.”

...Day-to-Day...

n Sherry’s guiding philosophy: To continue providing the very best quality of service to the citizens of Columbia County; to always have a sense of humility; and in serving, give more than people expect…”

n In keeping with articles in this edition by AAC Executive Director Eddie Jones (p. 7) and Dr. Randy Garner (p. 58), Sherry has been thinking about what she wants her “legacy” as a County Clerk to be. “It’s not about the person, but about how they make the office better during their tenure, in customer service and in operations,” she has concluded.

n She has accomplished a lot on her watch, but the most recent milestone was when her office implemented a new software for accounts payable and payroll. It was not software that was in use by any of the other counties meaning less of a safety net. A deputy clerk left a month before the April 1, 2007 launch date, leaving her short-handed. “We went live with the new software April 1, but we had to run dual systems. I spent seven days a week, sometimes till 10-11 p.m., keying in the infrastructure of this program from scratch. I was hardly home that March. It was so challenging, but also enjoyable, because now I help employees learn the program.”

n Sherry serves with several other officials on a County Financial Code Review work group with the Bureau of Legislative Audit, tasked with getting all Clerks and Treasurers across the state on a more updated set of laws on their accounting and payroll. A key component will be a uniform numbering system and more uniformity, “to get us into the 21st Century,” she said. Sherry expects the first group of updates to be introduced in the 2011 legislative session.

FUN FACTS!

...about Sherry Bell

What time do you get up most mornings ? 5 a.m.

How do you like your steak? Medium Last film you saw at the cinema? Secondhand

Lions

What is your favorite TV show? Travel Channel What is your favorite cuisine? Seafood What is your favorite dessert? Ice cream, also most anything chocolate (especially dark chocolate) What kind of vehicle do you drive? 1999 Chev rolet Corvette LS-6 speed and 2000 Linc LS Where would you like to visit? Hawaii Favorite time of day? Evenings Where were you born? Chicago, IL What is your favorite sport to watch? Football and Nascar

Are you a morning or a night person? Both – depends on the type of activities of that day or night Do you have any pets? Not currently What did you want to be when you grew up?

Airline Stewardess/Flight Attendant (a way to see the world) What is your best childhood memory? My senior year of high school, being one of 3 students, that earned a expense free trip to our nation’s capitol Washington DC during the Bicentennial celebration

Any pet peeves? People in levels or positions of service but truly do not provide a positive experience to those they serve What was your favorite vacation? In June 2008 my son and I with several family members took a 7-day Carnival Cruise out of Galveston, Texas Do anything spontaneous lately? On June 20, 2009 my husband celebrated our son’s 21st birthday at the Las Vegas Motor Speedway with the “gift of speed” where he actually drove a Nascar racecar at top allowed speed of 135 mph and I did a 3 lap “ride-along” with max speed of 165 mph with the Richard Petty Driving Experience program. (Definitely fulfilling our “speed junkies/need for speed”!)

Ready or not... 2010 election season is upon us!

While Arkansans are winding down from the holiday season, election officials are gearing up for a busy election year. 2010 will see all seven of our state’s constitutional officers on the ballot, along with a United States Senator, all four of our United States Representatives, 17 state senators, all 100 of our state representatives, and an assortment of judges and prosecuting attorneys.

Now is the time for candidates for public office to prepare for filing season, which is March 1-8. Te filing requirements vary based on the type of office sought and whether or not a candidate wishes to have a partisan affiliation.

Tose individuals running as partisan candidates must file party certificates and a political practices pledge between noon on Monday, March 1 and noon on Monday, March 8. To obtain party certificates, candidates must file an affidavit of eligibility with their political party’s state committee and meet all of the party’s requirements, including paying filing fees. Te political practices pledge is a form candidates sign to state that they are familiar with the requirements of Arkansas law regarding unlawful election activities and their penalties and that he or she will in good faith comply with the terms of the law.

Independent candidates must file a notice of candidacy stating their intent to run for a particular office with the Secretary of State (for federal and state offices) or the County Clerk (for county and municipal offices) along with a petition. Te amount of signatures required varies with the office sought.

Nonpartisan judicial candidates may choose to pay a filing fee (amount varies on the office sought) when they file their political practices pledge or they may skip the fee and file petitions containing the requisite number of valid signatures (also varies on the office) instead.

Detailed information on the filing procedures, along with the petition requirements for independent and nonpartisan judicial candidates, can be found in the State Board of Election Commissioners “Running for Public Office” handbook, which is also accessible from our website at www.sos.ar.gov.

Candidates raising money to run for public office are required to file campaign finance forms with the Secretary of State’s office. For more information on which forms need to be filed and when, contact our office or the Arkansas Ethics Commission at www.arkansasethics.com or (800) 422-7773.

Te first big election of the 2010 season will be the Preferential Primary and Nonpartisan General Election on May 18 and with it comes the first important voter registration deadline on April 18. Nearly 500,000 Arkansans of voting age are not registered to vote, according to the latest U.S. Census estimates. A primer on the statewide voter registration process is listed below.

Where to Register to Vote

If you’re not registered to vote in Arkansas or have moved since you last voted, there are many places where you may apply to vote, such as any Department of Motor Vehicles, any state agency, public library, or your county clerk’s office.

Te application may also be printed from www.VoteNaturally.org, Arkansas’s one-stop website for information on voting in the Natural State. To register, complete the short application and submit it to your county clerk who will then certify you as a registered voter and mail you a voter identification card.

Who Can Register to Vote

To be eligible to register to vote in Arkansas, an applicant must be a U.S. citizen residing in the state who will be 18 years of age on or before Election Day. Registrants cannot claim the right to vote in another country or state and must also be free of certain restrictions relating to voter competency and felony convictions.

What is Needed to Register to Vote

When registering to vote for the first time, applicants should include a copy of a valid photo identification, utility bill, paycheck, or government document that shows one’s current name and address information. If no identification is provided with the application, first time voters will be required to show identification at the polls or vote a provisional ballot. Election officials will later determine whether that provisional ballot can be counted.

Charlie Daniels Secretary of State

On the Move? Keep Address Current

If you have moved to Arkansas from another state, notify the county clerk in your previous state of residence to request cancellation. Similarly, if you have moved from one county to another within Arkansas, you must cancel your registration in the old county and re-register in your new county of residence.

College students attending college outside of your home county must decide which county you consider “home.” If you intend to return to live in your home county, then list your parents’ address as your residence. If you do not intend to return there, then list your college address as your residence.

Overseas citizens and military personnel may register to vote using a Federal Post Card Application (FPCA). Tis application simultaneously serves as both a registration form and application for absentee ballot, but it should be re-submitted each time the mailing address changes. More information on registering and voting abroad can be found at www.fvap.gov or www. VoteNaturally.org.

I urge all Arkansans who are already registered voters to ensure that their voter information is up-to-date. Te best and easiest way to do that is by logging on to www.VoteNaturally.org and typing in your name and date of birth. Tis application will let you know if your information is current. If your search yields no records or inaccurate records, please contact your county clerk immediately to get the information corrected. 2010 promises to be an exciting and busy election year for election administrators and voters alike. Please don’t hesitate to contact my office if you have any questions on the process of running for public office or voting for your elected representatives.

Election Dates and Deadlines: T

2010 Preferential Primary & Nonpartisan General Election

March 1-8, 2010 - Candidate Filing Period April 18, 2010 - Voter Registration Deadline May 3-May 17, 2010 - Early Voting May 18, 2010 - Election Day

2010 General Primary Election (Runoff)

May 9, 2010 - Voter Registration Deadline June 1 -June 7, 2010 - Early Voting June 8, 2010 - Election Day

2010 Annual School Election

August 22, 2010 - Voter Registration Deadline September 14-September 20, 2010 - Early Voting September 21, 2010 - Election Day

2010 Annual School Election Runoff

September 12, 2010 - Voter Registration Deadline October 5, 2010-October 11, 2010 - Early Voting October 12, 2010 - Election Day

2010 General Election and Nonpartisan Runoff

October 3, 2010 - Voter Registration Deadline October 18 – November 1, 2010 - Early Voting November 2, 2010 - Election Day

2010 General Election Runoff

(County & Municipal Races) October 24, 2010 - Voter Registration Deadline November 16 – November 22, 2010 - Early Voting November 23, 2010 - Election Day

Contact Information Office of the Secretary of State www.sos.ar.gov Phone: (501) 682-1010 or (800) 482-1127

Arkansas Ethics Commission www.arkansasethics.com Phone: (501) 324-9600 or (800) 422-7773

Arkansas State Board of Election Commissioners www.state.ar.us/sbec/ Phone: (501) 682-1834 or (800) 411-6996

Sherry Bell: Continued from 37 >>>

n Sherry considers one of her best-ever compliments to have come from the lady who beat her in the race for Treasurer in 1996, Marion Barnard. “She was having dialogue with one of our former JPs, and she told that person that I’m a champion for every person in Columbia County government – elected officials and employees.” The comment was doubly meaningful “because of how highly I esteem her for who she is,” said Sherry – “both as a county official, and in her personal life, as a Christian.”

n Civic Involvement: In addition to her role as President of the County Clerks Association, and her Legislative Audit study group, Sherry has or has had key roles in several youth-oriented organizations, including “Today’s Youth, Tomorrow’s Leaders” and “Youth Advisory Council”. Sherry chairs the information booth at the annual Magnolia Blossom Festival; she is a Gov. Beebe appointee to the Arkansas Division of Volunteerism Advisory Council; and she recently completed a focused eight-year commitment with the Magnolia Junior Charity League. She takes pride in having brought a County Clerks Association meeting to Magnolia, noting that some of the group had hardly been south of I-30. “We gave them a steak cook-off dinner (one of the key features of the Magnolia Blossom Festival), and they had a great time!”

n Sherry dotes on her son, Ryan; at age 21, he is well on his way to an electrical engineering degree from Louisiana Tech, after earning an Associate’s degree at his hometown Southern Arkansas University. He’s an Eagle Scout, enjoyed a pair of nice scholarships, and has been honored by the Magnolia Specialized School for his efforts in mentoring its special group home residents for three years.

n Hobbies? Those exist only theoretically, because to this point, she has invested her life in kids, career, and public service. But for a recent special birthday, James bought her a 6-speed Chevy Corvette. With Ryan’s college degree wrapping up, and retirement in sight, “we want to start traveling some.” She’s looking forward to weekend jaunts in the Corvette and on James’s 2007 Harley Springer Softtail. “He had a Honda chopper that we rode on our first date,” she confided. “We’re going to try to start having fun again, as we get back into a twoperson relationship.” n In May, Sherry will be starting her 28th year in county government – and she couldn’t be happier. After studying to become a stewardess, then balancing numbers and pulling cable for Brown and Root, she found where she really belongs – public service as Columbia County Clerk.

Sherry (upper right) and fellow county officials at a Final Tax Settlement seminar at AAC, fall 2009.

Winning strategies for the campaign trail

By Steve Veile CEO, Comminique, Inc.

Campaign communication efforts are generally only as good as the strategy behind them. While trying to get your campaign message out, it’s vital to think strategically.

You can apply the concept of strategic communications to your campaign with three basic steps: digging up as much pertinent information as you can; creating a sharply defined message (and image) based on that information; and creating an effective, consistent way to convey your message.

Research might not seem like a component of communication, but it is the foundation of a strategic campaign. Tis research can be accomplished by written and oral surveys, monitoring the media, and just getting out and talking to people. Every bit of information can help.

Tough it is at times difficult, it is vital to get information in an unbiased manner. Independent research by a professional firm would be helpful. Te information gathered will be used as the basis of your campaign. It is important that it be impartial and accurate.

Changing Times

A certain strategy may have worked in a past election, but it’s necessary to reexamine what you are doing and not simply fall back on what worked in the past. Perhaps your past strategy is still effective, but it is worth some analysis. Te public’s perception of you may have changed since the last election. Your “favorable” ratings may not be quite as favorable this time around. It’s important to remember, too, that the desires of the voters are fluid. President Obama’s campaign theme of “change we can believe in” made sense in the 2008 presidential election. It would not work at all if he runs for re-election in 2012, although his opponent might want to give that one a try. Finding the right issues in your race can get you the positive attention you want.

Hot button issues are generally what your message should be based on. It isn’t enough simply to say, “Family values are good.” During a campaign, you are essentially a product, and voters need a clear idea of what they are “buying.” Te candidate should point out a need or problem – “Family values are under attack. . .” – and then position him or herself as the solution – “. . . and I’m the candidate who’s willing to fight back.”

A Written Plan

It isn’t enough for you to simply say what you are about; the definition must be in a written strategic plan. Often, candidates have a good idea of what they want to accomplish, but do not have it clearly spelled out on paper. Plotting that course out on paper makes sure everyone on the campaign team is on the same page and that everything comes back to the strategic message. Again, through research you can get a greater understanding of the mood of the electorate and present yourself as the candidate the voters want. Also, as part of your plan, a situation analysis will help you figure out what you’re up against and what you need to accomplish.

Of course, your campaign doesn’t exist in isolation. Most likely, you have an opponent, and you must strategically position yourself against him or her. If you notice weaknesses the voters might see in your opponent, play off against them. For example, if your opponent is quite young, you might stress your experience. If, in the voters’ minds, you are the experienced candidate, your opponent, by default, is the inexperienced candidate.

Graphic Design Tips

When the voters are staring at their ballots, your name, more than anything else, needs to be the first thing that comes to their minds. To be sure your name stands out, you have to do for yourself what a very successful business does as it markets itself or its products – adopt a logo and “corporate” colors. Your logo doesn’t have to be fancy, but it should be distinctive. Maybe it’s nothing more than “logo type” – use of a unique (but readable) typestyle of your name.

After you have chosen a logo, pick a color combination that you like and stick with those colors throughout the campaign. Your signs, brochures, bumper stickers and buttons should always incorporate the same logo and colors, except when you must run in black and white. Why always the same? Because you are trying to create name identification with voters. You want them to recognize your name instantly and to think favorably of you when they do so. If you question this wisdom, just think about the millions and millions of dollars spent by companies like McDonald’s, Taco Bell, Holiday Inn, IBM, Ford Motor Company and others who spend money each year promoting their good names. And every time you will see their names in exactly the same distinctive typestyles and their logos in exactly the same colors. I guarantee you’ll never see the McDonald’s golden arches in blue or green.

Social Media

Social media is a relatively new development of which some candidates may want to take advantage. Candidate Obama, who came to represent the young, hip candidate, had pages or links on Facebook, MySpace, YouTube, and a text messaging number on his website. He raised millions of dollars for his presidential campaign using social media. A website is an essential tool for a candidate today – even at the county level. Voters may or may not be motivated enough to visit a website, but it still serves other functions. Simply having a web address at the bottom of a campaign card gives the impression that you are savvy and professional. Also, supporters can be energized by reading about the progress of a candidate on a regularly updated website.

Tough there are many communications options, a candidate doesn’t have to use all of them to be successful. Because sites like MySpace are popular, it doesn’t mean a candidate must have a MySpace page. In a county with a mostly elderly population, for example, a MySpace page would be a waste of resources. Te same applies for other forms of media. A candidate isn’t required to be on television. Strategic decisions must be made. Perhaps he or she isn’t telegenic or perhaps more people can be reached by spending campaign money in other ways. Again, this is something that can be uncovered with research and spelled out in a strategic plan.

A little research and a well executed strategy will guide you to a win. Good luck to all in the upcoming elections.

Steve Veile is founder and CEO of COMMUNIQUÉ, Inc., a strategic communication firm that celebrated its 30th anniversary of business in 2009. Veile also teaches a strategic communication capstone course at the Missouri School of Journalism. He may be reached at 1-800-772-8447.