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Notification records unavailable for former Sebastian County election commissioner's felony conviction

Notification records unavailable for former Sebastian County election commissioner's felony conviction
AND THE SECRETARY OF STATE'S OFFICE, AND SOME OF THE ANSWERS MIGHT SURPRISE YOU. <> "ACCORDING TO THE ARKANSAS CONSTITUTION, BY LAW THE COUNTY CIRCUIT COURT CLERK MUST NOTIFY THE COUNTY CLERK WHEN A PERSON IS CONVICTED OF A FELONY CHARGE. THE LAW SAYS THE COUNTY CLERK MUST CANCEL THAT PERSON'S VOTING REGISTRATION UNTIL THEIR CONVICTION HAS BEEN DISCHARGED. BUT THAT DID NOT HAPPEN IN AT LEAST ONE CASE NEARLY 20 YEARS AGO AND WE'VE LEARNED THE PROCESS HAS NOT CHANGED MUCH HERE IN SEBASTIAN COUNTY." <> "This stack right here, pleas I took yesterday in court. All of these are felony convictions that we will get." EVERYDAY, SEBASTIAN COUNTY DEPUTY CIRCUIT COURT CLERK TY-ANNA CALDWELL UPDATES FILES FOR PEOPLE CONVICTED OF FELONIES. SO FAR THIS YEAR, SHE'S HELPED PREPARE FILES FOR MORE THAN 1,700 PEOPLE. IN ADDITION TO THE COURT FILE, SHE ADDS WHAT'S CALLED 'A NOTICE OF CONVICTION' THAT'S SENT TO THE COUNTY CLERK'S OFFICE WHO UPDATES VOTER REGISTRATIONS. (nats...Caldwell says "that's going over today.") <> "I don't know where it goes from there or who takes these or who's responsible for them." THE NOTIFICATIONS ARE HAND DELIVERED, BUT THERE'S NO RECORD OR SIGN-OFF IF THEY WERE SENT OR RECEIVED BY COUNTY CLERKS. <> "we do not keep a paper record because that notice of conviction is not a part of the file. That voter registration is not our record." BUT NO ONE HAS ANY RECORD IF NOTIFICATION WAS SENT OR RECEIVED FOR JASON ANDREW VINEYARD BACK IN 2003. <> "No we do not and there is not a paper trail. And I couldn't tell you for certain, I wouldn't stake my life on it, but I would say I'm 90% certain that it was done because it's just what we do." VINEYARD WAS CHAIRMAN OF THE SEBASTIAN COUNTY ELECTION COMMISSION UNTIL LAST WEEK, WHEN HE WAS REMOVED FROM OFFICE OVER A 2003 FELONY CONVICTION FOR WRITING HOT CHECKS... ACCORDING TO THE PROSECUTOR'S OFFICE, AS OF TODAY - VINEYARD STILL OWES $8,850 IN PAST DUE FINES AND FEES. VINEYARD'S CASE IS CONSIDERED STILL ACTIVE UNTIL THE BALANCE IS PAID OFF. BUT ACCORDING TO VOTING RECORDS FROM THE ARKANSAS SECRETARY OF STATE'S OFFICE, VINEYARD VOTED IN EVERY MAJOR ELECTION SINCE 2004, AFTER HIS FELONY CONVICTION. <> "being that it was 20 years ago, it's just hard to speculate on exactly what happened." KEVIN NIEHAUS IS THE DIRECTOR OF GOVERNMENT AFFAIRS FOR THE ARKANSAS SECRETARY OF STATE. HE SAYS THIS CASE IS CONCERNING. <> "Especially when you have somebody who's an election commissioner as well, you know, someone who you think should be informed on that type of thing." NIEHAUS SAYS THE SECRETARY OF STATE'S OFFICE EMAILS COUNTY CLERKS MONTHLY REPORTS FROM THE ARKANSAS CRIME INFORMATION CENTER, NOTIFYING THEM OF NEW FELONY CONVICTIONS. HE SAYS THE PROCESS HAS CHANGED SOME SINCE 2003. <> "It's a fairly easy process for them, it's done digitally now days, now 20 years ago this was done by paper." THE SEBASTIAN COUNTY CLERK'S OFFICE SAYS THEY HAD NO NOTIFICATION THAT VINEYARD WAS NOT ELIGIBLE TO VOTE, UNTIL THE PROSECUTOR ORDERED VINEYARD'S VOTER REGISTRATION REVOKED LAST WEEK. CURRENT COUNTY CLERK SHARON BROOKS DID NOT WANT TO TALK ON CAMERA BUT SAYS CLERK'S UPDATE EVERY VOTER REGISTRATION ONCE THEY'RE NOTIFIED. SHE WOULD NOT TALK ABOUT PREVIOUS POLICIES, BUT FORMER COUNTY CLERK DORIS TATE SAYS THEY HAVE NOT CHANGED THAT MUCH OVER THE YEARS. IN SEBASTIAN COUNTY THERE ARE APPROXIMATELY 70- THOUSAND REGISTERED VOTERS, STATE WIDE MORE THAN 1.76 MILLION PEOPLE ARE REGISTERED TO VOTE. <> "Am I going to sit here and say the voting roll is 100% accurate. I mean in stuff like this there are things that slip through the cracks and happen, like something like this 20 years ago, but I really do think that this is few and far between." AND WHEN ASKED ABOUT AUDITING ARKANSAS VOTER ROLLS, NIEHAUS SAYS... <> "That's a massive undertaking. I don't disagree that that could be a good thing to do," <> "CIRCUIT COURT CLERK CINDY GILMER SAYS SHE'S CHECKING TO SEE IF POLICIES CAN BE UPDATED IN HER OFFICE TO MAKE IT EASIER TO CONFIR
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Notification records unavailable for former Sebastian County election commissioner's felony conviction
Arkansas law requires the county circuit court clerk to notify the county clerk of all felony convictions. The law requires the county clerk to update voter registrations. But felony notification records from 2003 do not exist, according to the circuit court clerk."No we do not and there is not a paper trail. And I couldn't tell you for certain, I wouldn't stake my life on it, but I would say I'm 90% certain that it was done because it's just what we do," said Cindy Gilmer, Sebastian County Circuit Court Clerk.According to court records, former election commissioner Jason Vineyard was convicted on a felony overdraft charge in 2003. Voting records from the Arkansas Secretary of State's office showed Vineyard voting in every major election since 2004, after he received the felony conviction. According to the county clerk's office, Vineyard's voter registration was never revoked. 40/29 News notified county officials about the felony conviction. On Sept. 12, 2022, the prosecuting attorney ordered the county clerk to revoke Vineyard's voter registration, which left him unqualified to serve as election commissioner. As of Sept. 20, Vineyard still owed $8,850 in court fines and restitution, according to the prosecutor's office."Being that it was 20 years ago, it's just hard to speculate on exactly what happened," said Kevin Niehaus, who is the director of government affairs for the Sect. of State's office. Niehaus said county clerks also receive felony conviction notifications from the Arkansas Crime Information Center that is emailed by the Sect. of State's office every month."Am I going to sit here and say the voting roll is 100% accurate? I mean in stuff like this there are things that slip through the cracks and happen, like something like this 20 years ago, but I really do think that this is few and far between," Niehaus said.

Arkansas law requires the county circuit court clerk to notify the county clerk of all felony convictions. The law requires the county clerk to update voter registrations. But felony notification records from 2003 do not exist, according to the circuit court clerk.

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"No we do not and there is not a paper trail. And I couldn't tell you for certain, I wouldn't stake my life on it, but I would say I'm 90% certain that it was done because it's just what we do," said Cindy Gilmer, Sebastian County Circuit Court Clerk.

According to court records, former election commissioner Jason Vineyard was convicted on a felony overdraft charge in 2003. Voting records from the Arkansas Secretary of State's office showed Vineyard voting in every major election since 2004, after he received the felony conviction. According to the county clerk's office, Vineyard's voter registration was never revoked.

40/29 News notified county officials about the felony conviction. On Sept. 12, 2022, the prosecuting attorney ordered the county clerk to revoke Vineyard's voter registration, which left him unqualified to serve as election commissioner. As of Sept. 20, Vineyard still owed $8,850 in court fines and restitution, according to the prosecutor's office.

"Being that it was 20 years ago, it's just hard to speculate on exactly what happened," said Kevin Niehaus, who is the director of government affairs for the Sect. of State's office.

Niehaus said county clerks also receive felony conviction notifications from the Arkansas Crime Information Center that is emailed by the Sect. of State's office every month.

"Am I going to sit here and say the voting roll is 100% accurate? I mean in stuff like this there are things that slip through the cracks and happen, like something like this 20 years ago, but I really do think that this is few and far between," Niehaus said.