Questions surrounding electioneering activity at Mansfield City Hall, which served as a polling location during the March 3 preferential primary, have prompted responses from city officials and campaign representatives regarding how election laws were applied that day.
According to a written statement from Mansfield Mayor Buddy Black, several individuals campaigning near the polling location were asked to move farther away from the entrance to ensure compliance with Arkansas election law.
Black said city hall was serving as an open polling location for the primary election when he observed individuals electioneering near the entrance.
“It is the City of Mansfield’s policy to follow the laws established by the legislature of the State of Arkansas, and I felt it my duty to ensure that the individuals participating in electioneering activities for numerous candidates near the polling location at city hall were not in violation of that code,” Black stated.
Black stated he asked the individuals whether they were campaigning for Brent Montgomery, Tammy Brown, or Lora Rice to relocate to a different area that was clearly beyond the 100-foot electioneering boundary from the polling entrance.
“If I misspoke regarding the same, it was clearly an error,” Black stated. “However, I asked all individuals … to please move to a different location that was unquestionably beyond the legal 100-foot distance from the entrance of the polling location.”
Arkansas law prohibits electioneering inside a polling place or within 100 feet of the primary exterior entrance used by voters while voting is taking place. Electioneering includes distributing campaign literature, displaying campaign materials or apparel, soliciting votes or signatures, or attempting to influence voters (see related story). Violations of the law may be charged as a Class A misdemeanor under Arkansas Code §§ 7-1-103 and 7-1-104.
Bo Lang, who was present representing the Brent Montgomery campaign, said those campaigning had already positioned themselves beyond the legal boundary. Lang said the group had moved an additional 10 feet beyond the 100-foot marker to ensure they were complying with the law.
“Buddy directed the city police officer to assist poll worker Robert Gage in taking a piece of rope to measure,” Lang said.
Lang also alleged the group was treated rudely during the interaction.
“Buddy stated we could not be on city property,” Lang said. “I responded that this is public property and we, the people, own it.”
Lang said the mayor instructed the group to move to a nearby gazebo. Instead, Lang said they eventually relocated to a corner of private property after receiving permission from the property owner.
In response to a Freedom of Information Act request regarding whether Mansfield has any ordinance or policy restricting electioneering on public property, City Attorney Travis Plummer stated none exists. “To the best of my knowledge and understanding, there is no ordinance, policy, or written directive that prohibits electioneering on public property…”
While the incident prompted differing accounts from city officials and campaign representatives, both sides maintain their actions were intended to comply with Arkansas election law. The situation highlights the challenges that can arise when polling locations are situated on public property, where normal public access and election law restrictions intersect.
See Lang’s interview in its entirety: https://youtu.be/Vo45_vSA2m8
