Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas              As Engrossed:       H2/14/23 H3/2/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             HOUSE BILL 1399
 4
 By: Representatives Cavenaugh, Bentley, K. Brown, C. Cooper, Cozart, Eaves, C. Fite, Gramlich, Haak,
 G. Hodges, Ladyman, Long, Lynch, McGrew, Milligan, Painter, Rye, Burkes
 By: Senators Flippo, B. Davis, K. Hammer, Hester, M. McKee, C. Penzo, J. Petty
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                                   For An Act To Be Entitled
                AN ACT TO AMEND THE LAW REGARDING PUBLICATION
                REQUIREMENTS FOR COUNTIES AND MUNICIPALITIES; TO
                AMEND THE LAW CONCERNING ELECTIONS; TO AMEND THE LAW
                CONCERNING MUNICIPAL ORDINANCES; TO AMEND THE LAW
                CONCERNING COUNTIES; TO AMEND THE LAW CONCERNING THE
                POSTING OF LISTS OF TAX-DELINQUENT LAND REAL AND
                PERSONAL PROPERTY; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE LAW REGARDING PUBLICATION
                         REQUIREMENTS FOR COUNTIES AND
                         MUNICIPALITIES; TO AMEND THE LAW
                         CONCERNING ELECTIONS; AND TO AMEND THE
                         LAW CONCERNING TAX DELINQUENCY LISTS.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.       Effective January 1, 2028, Arkansas Code § 7-5-
 101(e)(2)(C), concerning the establishment and alteration of precinct
 boundaries, polling sites, and vote centers, is amended to read as follows:
                         (C)   Notice of a change made to a vote center location
 shall be posted at the vote center location used in the last election, and
 except for school elections and special elections, the notice shall be
 published in a newspaper of general circulation in the county on a website as
 defined in § 14-14-117 at least fifteen (15) days before the election.
     *MLD126*                                                                    03-02-2023 09:35:51 MLD126
     As Engrossed:       H2/14/23 H3/2/23                                           HB1399
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      SECTION 2.       Effective January 1, 2028, Arkansas Code § 7-5-202(a)(1),
 concerning public notice of elections, is amended to read as follows:
      (a)(1)     It shall be the duty of the county board of election
 commissioners at least eight (8) days before the beginning of early voting
 for a preferential primary, general primary, general election, general
 runoff, school, or special election to give public notice in a newspaper of
 general circulation in the county by publication on a website as defined in §
 14-14-117 of:
                       (A)   The date of the election;
                       (B)   The hours of voting on election day;
                       (C)   The places and times for early voting;
                       (D)   Polling sites for holding the elections in the county;
                       (E)   The candidates and offices to be elected at that time;
                       (F)   The time and location of the opening, processing,
 canvassing, and counting of ballots;
                       (G)   The location where lists of appointed election
 officials, deputy county clerks, or additional deputies hired to conduct
 early voting can be found and the dates the lists are available; and
                       (H)   Directions for filing a written objection to the
 service of an election official, deputy county clerk, or additional deputy.
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      SECTION 3.       Effective January 1, 2028, Arkansas Code § 7-5-202(b)(1),
 concerning public notice of elections, is amended to read as follows:
      (b)(1)     At least five (5) days before a preferential primary, general
 primary, general election, general runoff, school election, or special
 election, a copy of the public notice may be posted at each polling site
 fixed for holding the election and shall be published in a newspaper of
 general circulation in the county on a website as defined in § 14-14-117.
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      SECTION 4.       Effective January 1, 2028, Arkansas Code § 7-5-207(c)(2),
 concerning ballots, names included on ballots, and the draw for ballot
 position, is amended to read as follows:
               (2)    Notice of the public meeting shall be given by publication
 in a newspaper of general circulation in the county published on a website as
 defined in § 14-14-117 at least three (3) days before the drawing.
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     As Engrossed:       H2/14/23 H3/2/23                                          HB1399
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      SECTION 5.       Effective January 1, 2028, Arkansas Code § 7-5-509(a)(2),
 concerning voting machines used for demonstration, is amended to read as
 follows:
               (2)    Public notice of the times and places where voting machines
 will be exhibited shall be given at least forty-eight (48) hours before the
 first date of demonstration by publication one (1) time in one (1) or more
 daily or weekly newspapers published in the town, city, or county using the
 machines if a newspaper is published in the town, city, or county on a
 website as defined in § 14-14-117.
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      SECTION 6.       Effective January 1, 2028, Arkansas Code § 7-5-
 515(c)(2)(A), concerning the preparation of voting machines for an election,
 including logic and accuracy testing and public testing, is amended to read
 as follows:
                       (A)   The county board of election commissioners shall give
 public notice of the time and place of the test at least forty-eight (48)
 hours prior to the public test by publication one (1) time in one (1) or more
 daily or weekly newspapers published in the town, city, or county using the
 machines if a newspaper is published in the town, city, or county on a
 website as defined in § 14-14-117;
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      SECTION 7.       Effective January 1, 2028, Arkansas Code § 7-5-516 is
 amended to read as follows:
      7-5-516. Notice to candidates of preparation — Rules and statutes
 unaffected.
      Before the county board of election commissioners begins the
 preparation of the machines for any election, it shall publish a notice in a
 newspaper of general circulation in the county on a website as defined in §
 14-14-117 stating:
               (1)    The time and place the machines will be prepared for the
 election; and
               (2)    A time at which one (1) representative of each candidate may
 inspect to see that the machines are in proper condition for use in the
 election.
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     As Engrossed:      H2/14/23 H3/2/23                                          HB1399
              SECTION 8.    Effective January 1, 2028, Arkansas Code § 7-5-
 611(b)(1), concerning preparation of electronic vote tabulating devices,
 tests, and disposition of voting materials, is amended to read as follows:
              (1)    The county board of election commissioners shall provide
 public notice of the time and place of the public test at least forty-eight
 (48) hours prior thereto by publication one (1) time in one (1) or more daily
 or weekly newspapers published in the town, city, or county using the
 devices, if a newspaper is published therein on a website as defined in § 14-
 14-117;
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       SECTION 9.     Effective January 1, 2028, Arkansas Code § 7-7-305(b)(2),
 concerning printing of ballots, their form, and the draw for ballot position,
 is amended to read as follows:
              (2)    The county board of election commissioners shall give at
 least ten (10) days' written notice of the time and place of the meeting to
 the chairs of the county committees if the chairs are not members of the
 county board of election commissioners, and at least three (3) days before
 the meeting, shall publish notice of the time and place of holding the
 meeting in some newspaper of general circulation in the county on a website
 as defined in § 14-14-117.
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       SECTION 10.     Effective January 1, 2028, Arkansas Code § 7-11-103(b),
 concerning filling vacancies in state, federal, or district offices, is
 amended to read as follows:
       (b)    The county board of election commissioners shall cause the
 proclamation, ordinance, resolution, order, or other authorized document to
 be published as soon as practicable in a newspaper of general circulation in
 the county in which the special election is held on a website as defined in §
 14-14-117.
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       SECTION 11.     Effective January 1, 2028, Arkansas Code § 7-11-104(b),
 concerning filling vacancies in local offices, is amended to read as follows:
       (b)    The county board of election commissioners shall cause the
 proclamation, ordinance, resolution, order, or other authorized document to
 be published as soon as practicable in a newspaper of general circulation in
 the county in which the special election is held on a website as defined in §
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     As Engrossed:        H2/14/23 H3/2/23                                          HB1399
 14-14-117.
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       SECTION 12.       Effective January 1, 2028, Arkansas Code § 7-11-202(b),
 concerning calling special elections on state measures or questions, is
 amended to read as follows:
       (b)    The county board of election commissioners shall publish the
 document as soon as practicable in a newspaper of general circulation in the
 county in which the special election is held on a website as defined in § 14-
 14-117.
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       SECTION 13.       Effective January 1, 2028, Arkansas Code § 7-11-203(b),
 concerning calling special elections on local measures or questions, is
 amended to read as follows:
       (b)    The county board of election commissioners shall publish the
 document as soon as practicable in a newspaper of general circulation in the
 county in which the special election is held on a website as defined in § 14-
 14-117.
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       SECTION 14.       Arkansas Code Title 14, Chapter 14, Subchapter 1, is
 amended to add an additional section to read as follows:
       14-14-117.       Publication on website.
       (a)(1)     When authorized by law, a quorum court may designate by
 ordinance that the county’s publications be posted on a website described
 under §25-1-126.
                (2)    When a county official submits a publication to a website
 for posting under subdivision (a)(1) of this section, a website shall
 generate a proof of publication that shall be delivered to the county
 official.
       (b)(1)     A county publication shall remain on a website described under
 § 25-1-126 for at least three (3) years from the date on which it is posted.
                (2) However, a county ordinance or notice is not invalid for
 failure to remain continuously posted on the website as required under
 subdivision (b)(1) of this section.
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       SECTION 15.       Effective January 1, 2025, Arkansas Code § 14-14-
 905(b)(2), concerning adoption and amendment of ordinances generally, is
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     As Engrossed:   H2/14/23 H3/2/23                                            HB1399
 amended to read as follows:
             (2) Amendment to Existing Ordinances.       No county ordinance shall
 be revised or amended, or the provisions thereof extended or conferred, by
 reference to its title only, but so much thereof as is the portion of the
 ordinance that is being revised, amended, extended, or conferred shall be
 reenacted and published at length on a website as defined in § 14-14-117.
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        SECTION 16.    Effective January 1, 2025, Arkansas Code § 14-14-
 905(d)(1)(B), concerning adoption and amendment of ordinances generally, is
 amended to read as follows:
                      (B)   The ordinances or amendments shall then be published
 by the county clerk as prescribed by law on a website as defined in § 14-14-
 117.
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        SECTION 17.    Effective January 1, 2028, Arkansas Code § 14-14-917(c),
 concerning initiative and referendum elections, is amended to read as
 follows:
        (c) Notice of Election.
             (1) Initiative Petitions.      Upon certification of any initiative
 or referendum petition measure submitted during the time limitations for a
 regular election, the county clerk shall give notice through publication by a
 two-time insertion, at not less than a seven-day interval, in a newspaper of
 general circulation in the county or as provided by law. Publication notice
 shall state publish no later than five (5) days after certification, a notice
 on a website as defined in § 14-14-117 stating that the measure will be
 submitted to the electors for adoption or rejection at the next regular
 election and shall include the full text, the ballot title, and the official
 numeric designation of the measure.
             (2) Referendum Petition.       Upon certifying any referendum petition
 prior to the time limitations of filing measures established for a regular
 election, the county clerk shall give notice through publication by a one-
 time insertion in a newspaper of general circulation in the county or as
 provided by law. Publication notice shall state publish no later than five
 (5) days after certification, a notice on a website as defined in § 14-14-117
 stating that the measure will be submitted to the electors for adoption or
 rejection at the next regular election or a special election when ordered by
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     As Engrossed:       H2/14/23 H3/2/23                                             HB1399
 the county court and shall include the full text, the ballot title, and the
 official numeric designation of the measure.
               (3) Publication of Special Referendum Election Notice.          Upon
 filing of a special election order by the county court, the county clerk
 shall give notice of the election through publication by a two-time
 insertion, at not less than a seven-day interval, in a newspaper of general
 circulation in the county or as provided by law. Publication shall state
 publish no later than five (5) days after certification, a notice on a
 website as defined in § 14-14-117 stating that the measure will be submitted
 to the electors for adoption or rejection at a special election and shall
 include the full text, the date of the election, the ballot title, and
 official numeric designation of the measure.
               (4) Costs.     The Any cost of all publication to publish notices
 required in this section shall be paid out of the county general fund.
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      SECTION 18.       Effective January 1, 2025, Arkansas Code § 14-55-206(a),
 concerning publishing or posting requirements by a municipality, is amended
 to read as follows:
      (a)(1)(A)       All bylaws or ordinances of a general or permanent nature
 and all those imposing any fine, penalty, or forfeiture shall be published:
                              (i)    in some In a newspaper published in the
 municipality; or
                              (ii)   On a website as defined in § 14-55-209.
                       (B)   In municipalities in which no newspaper is published,
 written or printed notice posted in five (5) of the most public places
 designated by the governing body in an ordinance or minutes of the governing
 body shall also be deemed a sufficient publication of any law or ordinance.
               (2)    It shall be deemed a sufficient defense to any suit or
 prosecution of such fine, penalty, or forfeiture imposed by law or ordinance
 to show that no notice was given as provided herein under this section.
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      SECTION 19.       Arkansas Code Title 14, Chapter 55, Subchapter 2, is
 amended to add an additional section to read as follows:
      14-55-209.       Publication on a website.
      (a)(1)     When authorized by law, a municipality may designate by
 ordinance that the municipality’s publications be posted on a website
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     As Engrossed:       H2/14/23 H3/2/23                                          HB1399
 described under § 25-1-126.
               (2)    When a municipal official submits a publication to a website
 for posting under subdivision (a)(1) of this section, a website shall
 generate a proof of publication that shall be delivered to the municipal
 official.
      (b)(1)     A municipal publication shall remain on a website described
 under § 25-1-126 for at least three (3) years from the date on which it is
 posted.
               (2) However, a municipal ordinance or notice is not invalid for
 failure to remain continuously posted on a website as required under
 subdivision (b)(1) of this section.
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      SECTION 20.       Effective January 1, 2024, Arkansas Code § 14-59-116 is
 amended to read as follows:
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