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 1817
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5 By: Representative Perry
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7 For An Act To Be Entitled
8 AN ACT TO AMEND THE LAW CONCERNING THE ELIGIBILITY OF
9 A PERSON TO FILE, RUN, OR HOLD OFFICE; TO AMEND THE
10 LAW CONCERNING PERSONS CONVICTED OF PUBLIC TRUST
11 CRIMES TO HOLD OFFICE; AND FOR OTHER PURPOSES.
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14 Subtitle
15 TO AMEND THE LAW CONCERNING THE
16 ELIGIBILITY OF A PERSON TO FILE, RUN, OR
17 HOLD OFFICE; AND TO AMEND THE LAW
18 CONCERNING THE ELIGIBILITY OF PERSONS
19 CONVICTED OF PUBLIC TRUST CRIMES TO HOLD
20 OFFICE.
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23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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25 SECTION 1. Arkansas Code § 21-8-305 is amended to read as follows:
26 21-8-305. Person convicted of public trust crime ineligible as
27 candidate for office or to hold office.
28 (a) If Except as provided in subdivision (b)(1) of this section, if a
29 person has pleaded guilty or nolo contendere to or has been found guilty of a
30 public trust crime, is not sealed or expunged under the Comprehensive
31 Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., and is not an
32 office identified under subdivision (b)(1) of this section, he or she shall
33 not:
34 (1) File as a candidate for:
35 (A) A constitutional office;
36 (B) A county elected office; or
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1 (C) An elected office in a municipality, city, township,
2 or other political subdivision of the state;
3 (2) Run as a candidate for:
4 (A) A constitutional office;
5 (B) A county elected office; or
6 (C) An elected office in a municipality, city, township,
7 or other political subdivision of the state; or
8 (3) Hold:
9 (A) A constitutional office;
10 (B) A county elected office; or
11 (C) An elected office in a municipality, city, township,
12 or other political subdivision of the state.
13 (b)(1) The sealing of any public trust crime or any similar offense
14 under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et
15 seq., or any sealing or expungement act in any jurisdiction shall not restore
16 a privilege, eligibility, or qualification to file as a candidate for, run as
17 a candidate for, or hold an elected office under this section unless:
18 (A) The offense sealed or expunged is a misdemeanor
19 offense; and
20 (B) The elected office is for the:
21 (i) School board;
22 (ii) City council;
23 (ii) Quorum court; or
24 (iii) County township.
25 (2) A person who has pleaded guilty or nolo contendere to or has
26 been found guilty of a public trust crime that was sealed or expunged as
27 described in subdivision (b)(1) of this section if running for an office not
28 included under subdivision (b)(1) of this section:
29 (A) Upon inquiry, shall disclose the fact and nature of
30 the crime which the person pleaded guilty or nolo contendere to or was found
31 guilty of; and
32 (B) Shall not publicly state or affirm under oath that
33 the:
34 (i) Conduct underlying the plea or finding did not
35 occur;
36 (ii) Record of the underlying plea or finding does
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1 not exist; or
2 (iii) Person has not been convicted of a criminal
3 offense.
4 (3) If Except as provided in subdivision (b)(1) of this section,
5 if a person has pleaded guilty or nolo contendere to or has been found guilty
6 of a public trust crime or similar offense that was sealed under the
7 Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or
8 any sealing or expungement act in any jurisdiction, evidence of the plea,
9 finding, and conduct underlying the plea or finding shall be admissible in a
10 court of competent jurisdiction for an action concerning the person's filing
11 for, candidacy for, or holding of an elected office.
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