The Independence County Election Commission has received five FOIA requests since February 18, 2026. As of today, February 23, 2026, it has responded to none of them.
Under Arkansas law, they had until February 21 (3 business days). They are now two days past deadline.
== THE REQUESTS ==
Request EC-1 (Feb 18): Meeting minutes, agendas, and records from January 2024 to present. Status: No response.
Request EC-2 (Feb 18): Communications with state officials and legislators regarding election matters. Status: No response.
Request EC-3 (Feb 18): Voting equipment contracts, correspondence with vendors, and implementation plans. Status: No response.
Request EC-4 (Feb 18): Compensation records, appointment letters, and expense reimbursements. Status: No response.
Request #47 (Feb 18): Audio recordings of all Election Commission meetings from January 2024 to present. Status: Acknowledged, but with the non-response response: “Coordinators have recordings and will supply them as time allows.”
== “AS TIME ALLOWS” ==
The Election Commission’s response to Request #47 contains language that directly violates Arkansas FOIA law.
“As time allows” is not a recognized response category under ACA 25-19-105. The statute is clear:
– Produce the records within 3 business days, OR
– Explain in writing why the records cannot be produced and cite the specific statutory exemption
The phrase “as time allows” is neither of these. It’s an evasion.
== THE PATTERN ==
This is not an isolated lapse. The pattern suggests deliberate non-compliance:
1. County Clerk refers requests to Election Commission instead of collecting responsive records
2. Election Commission acknowledges requests but does not produce
3. When pressed, Election Commission claims to be “focused on primary election work”
4. No commitment date is provided
5. No explanation is given for non-responsive categories
== WHAT IT MEANS ==
The Election Commission exists to administer elections transparently and fairly. Refusing to produce basic records—meeting minutes, communications, expense reports—suggests either:
(a) Deliberate obstruction of public access, or
(b) Total breakdown in record-keeping and management
Neither option inspires confidence.
== WHAT’S NEXT ==
On February 23, 2026 (today), IndependenceWatch.com issued a formal enforcement notice to the Election Commission demanding:
1. Production of all responsive records, or
2. A written explanation citing specific statutory exemptions, or
3. A date certain for production and the method of delivery
Response deadline: February 25, 2026 (48 hours).
If the Election Commission fails to respond, the matter will be referred to:
– The Arkansas Attorney General for an opinion on compliance
– The State Board of Election Commissioners for governance review
– Independence County Circuit Court for judicial enforcement
The people of Independence County have the right to know how their elections are administered. The Election Commission must comply with the law.
IndependenceWatch.com – Accountability starts with transparency.