Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1648
4
5 By: Representative Long
6
7 For An Act To Be Entitled
8 AN ACT TO AMEND ARKANSAS LAW CONCERNING RUNOFF
9 ELECTIONS; TO PROVIDE FOR A RUNOFF ELECTION FOR
10 CANDIDATES FOR THE SENATE AND THE HOUSE OF
11 REPRESENTATIVES; AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO AMEND ARKANSAS LAW CONCERNING RUNOFF
16 ELECTIONS AND TO PROVIDE FOR A RUNOFF
17 ELECTION FOR CANDIDATES FOR THE SENATE
18 AND THE HOUSE OF REPRESENTATIVES.
19
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code § 7-5-704 is amended to read as follows:
24 7-5-704. Votes for legislative, judicial, and executive officers — Tie
25 vote Runoff election.
26 (a)(1) It shall be the duty of the Secretary of State, in the presence
27 of the Governor, within thirty (30) days after the time allowed in this
28 subchapter to make returns of elections by the county board of election
29 commissioners, or sooner, if all the returns have been received, to cast up
30 and arrange the votes from the several counties for each person who received
31 votes for any legislative, judicial, or executive office, except the offices
32 named in Arkansas Constitution, Article 6, § 3.
33 (2) The persons who have received the greatest number of legal
34 votes for Justice of the Supreme Court and Commissioner of State Lands,
35 within the state; judges of the Court of Appeals and of the circuit courts,
36 and prosecuting attorneys, in their respective districts or circuits; judges
*MBM134* 03/15/2023 04:03:06 PM MBM134
 HB1648
1 of the county and probate courts, circuit clerk, county clerk, sheriff,
2 coroner, surveyor, and assessor, in their respective counties; and all other
3 officers required by law, shall be commissioned by the Governor.
4 (b)(1) If two (2) or more persons have an equal number of votes for
5 the same office and a higher number than any other person If there are more
6 than two (2) candidates for election as a member of the Senate or the House
7 of Representatives of the General Assembly at any general election held in
8 this state and no candidate for the Senate or the House of Representatives of
9 the General Assembly receives a majority of the votes cast for the office,
10 the names of the two (2) candidates receiving the highest number of votes for
11 any legislative or executive the office, except those offices named in
12 Arkansas Constitution, Article 6, § 3, and constables, shall be certified to
13 a special runoff election which shall be held four (4) weeks from the day on
14 which the general election is held.
15 (2) The special runoff election shall be conducted in the same
16 manner as is now provided by law, and the election results thereof shall be
17 canvassed and certified in the manner provided by law.
18 (3) If at the conclusion of the special runoff election the two
19 (2) candidates for election as a member of the Senate or the House of
20 Representatives of the General Assembly have an equal number of votes, the
21 State Board of Election Commissioners shall determine the winner of the
22 special runoff election by lot at an open public meeting and in the presence
23 of the two (2) candidates.
24 (c) Subsection (b) of this section shall not apply to the offices of:
25 (1) Governor;
26 (2) Lieutenant Governor;
27 (3) Secretary of State;
28 (4) Treasurer of State;
29 (5) Auditor of State;
30 (6) Attorney General;
31 (7) Commissioner of State Lands;
32 (8) Justice of the Supreme Court,;
33 (9) Judge of the Court of Appeals,;
34 (10) circuit Circuit judge,; or
35 (11) district District judge;
36 (12) Prosecuting attorney; or
2 03/15/2023 04:03:06 PM MBM134
 HB1648
1 (13) Constable.
2
3 SECTION 2. Arkansas Code § 7-5-705(a), concerning votes for
4 constitutional officers, is amended to read as follows:
5 (a) During the first week of the session after each election for
6 Governor, Lieutenant Governor, Secretary of State, Treasurer of State,
7 Auditor of State, and Attorney General, and Commissioner of State Lands, and
8 in the presence of both houses of the General Assembly, the Speaker of the
9 House of Representatives shall open and publish the votes cast and given for
10 each of the respective officers previously mentioned.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
3 03/15/2023 04:03:06 PM MBM134


Statutes affected:
HB 1648: 7-5-704, 7-5-705(a)