Legislative panel advances tort reform, voter ID, elections merger bill

Two proposed constitutional amendments passed the Senate State Agencies and Governmental Affairs Committee with no debate Tuesday, leaving them one step short of making it to the ballot. The committee also advanced a bill that would fold the State Board of Election Commissioners into the secretary of state’s office.

A Senate resolution that would place caps on jury awards and a House resolution that would require voters to present a photo identification passed with no debate within minutes of the meeting’s start. Both have passed the House and head to the Senate floor. They do not require the governor’s signature.

Senate Joint Resolution 8 by Sen. Missy Irvin, R-Mountain View, would limit punitive damages to the greater of $500,000 or three times the compensatory judgment, noneconomic damages to $500,000, and attorneys’ contingency fees to one-third the judgment. It also would give the Legislature increased oversight over the Arkansas Supreme Court’s procedural rules.

Under House Joint Resolution 1016 by Rep. Robin Lundstrum, R-Elm Springs, voters would be required to present a photo identification at their polling place or when voting absentee. The Legislature would establish by law the types of photo identification that would qualify. The state would be required to issue photo IDs at no cost to voters who do not have one. Voters without an ID would be able to cast a provisional ballot.

Legislators are allowed to refer three amendments to the voters, but rules adopted this year allow each chamber to refer one amendment in November 2018, with a third amendment that could be considered with a two-thirds vote by the House and Senate, and then passed with a majority vote.

The committee advanced by a voice vote Senate Bill 368 by Sen. Bryan King, R-Green Forest, that would transfer the State Board of Election Commissioners to the secretary of state’s office. The board would retain its statutory powers, authorities and duties, including rulemaking, providing monitors and investigating complaints. Secretary of State Mark Martin would remain the chairman, and it would continue to be composed of six other appointed members.

King, a former election commissioner, said the bill would reduce redundancy in both offices, reducing costs and increasing efficiencies.

“Most people think the secretary of state is who runs the elections in Arkansas, anyway,” he said.

Kelly Boyd, chief deputy in the secretary of state’s office, said the bill would save $10.64 million over two years because the office has been preparing for the transfer for several years and would be able to assume the board’s administrative roles. For example, seven staff members who work for the board at salaries and administrative costs of $604,609 would be funded out of the secretary of state’s office, which has the money budgeted but not spent, and would be able to operate with greater economies of scale.

Chris Powell, assistant director, communications and education with the secretary of state’s office, said afterward, “We budget lean in the SOS office and are confident that significant savings could be realize. Compared to current appropriations, money that is budgeted for their agency and operations, we believe that through absorbing certain expenses into our office and cutting future appropriations, $10.62 million could be saved over two years.”

That includes non-election year appropriations of $1.25 million, which would be $7.3 million less than the current appropriation, and $5.2 million during election years, which would be $3.3 million less than the current appropriation.

Representatives from the State Board of Election Commissioners disagreed. They said placing the board under the authority of a partisan elected official would reduce its nonpartisan independence, and they doubted the savings would materialize. Director Keith Rutledge said the transfer would merely move spending from one office to another, while Commissioner Stuart Soffer said the board would move from an oversight to an advisory role. He said there is no redundancy between the operations of the secretary of state and the State Board.

“What you just heard was apples to oranges, fake numbers and fuzzy math,” Soffer said. “There is no $10 million savings.”

Deputy Director Heather McKim said the State Board doesn’t spend all of the money that’s appropriated to it and that most of its allotment goes to reimburse counties.