Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 448 of the Regular Session
 State of Arkansas              As Engrossed:       H2/4/21 S2/22/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             HOUSE BILL 1332
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 By: Representative Boyd
 By: Senator B. Ballinger
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                                   For An Act To Be Entitled
                 AN ACT TO AMEND ELECTION LAW; TO AMEND PUBLICATION
                 REQUIREMENTS; TO AMEND SCHOOL ELECTION LAW; TO AMEND
                 ELECTION NOTICE REQUIREMENTS; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND ELECTION LAW; TO AMEND
                         PUBLICATION REQUIREMENTS; TO AMEND SCHOOL
                         ELECTION LAW; AND TO AMEND ELECTION
                         NOTICE REQUIREMENTS.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.       Arkansas Code  6-14-102(c), concerning the annual school
 election date and special school election, is amended to read as follows:
        (c)(1)       In any election year in which When the annual school election
 is not held at the same time as a preferential primary or general election,
 if no more than one (1) candidate for any a school district director position
 presents a petition or notice as required by  6-14-111 and if there are no
 other ballot issues to be submitted to school district electors for
 consideration, with the exception of the local tax rate if that rate is not
 being changed or restructured, the board of directors of any a school
 district, by resolution, may request the county board of election
 commissioners to:
                         (A)   Reduce the number of polling places;
                         (B)   Open no polling places on election day so that the
 election can be conducted by absentee ballot and early voting only; or
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     As Engrossed:     H2/4/21 S2/22/21                                                 HB1332
                      (C)(i)     Open no polling places on election day and hold an
 election by candidate under the procedure in  7-11-107(b) Declare an
 election by candidate to be held;
                               (ii)     Open no polling places; and
                               (iii)     Allow the candidate to cast a ballot for
 himself or herself at a designated time and location on election day or
 during the period that would otherwise be designated for early voting.
             (2)(A)     If the annual school election is not held at the same
 time as a preferential primary election or general election and upon request
 by proper resolution adopted by the board of directors of any school
 district, the county board of election commissioners may provide that no
 polling places be open on election day so that the election can be conducted
 by:
                               (i)     Absentee ballot and early voting only; or
                               (ii)     Election by candidate under the procedure in 
 7-11-107(b).
                      (B)   If a county uses electronic voting machines or
 electronic vote tabulating devices, and is holding an election under
 subdivision (c)(1) of this section, the county board of election
 commissioners may use:
                               (i)(A)     The electronic voting machines or electronic
 vote tabulating devices; or
                               (ii)(B)     Paper ballots counted by hand and provide no
 voting machines to be used in the election, notwithstanding any other
 provision in the Arkansas Code.
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       SECTION 2.     Arkansas Code  6-14-111(k), concerning candidate filing
 procedures for school elections, is amended to read as follows:
       (k)   The order in which the names of the respective candidates are to
 appear on the ballot shall be determined by lot at the public meeting of the
 county board of election commissioners held not later than:
             (1)    seventy-two Seventy-two (72) days before the annual school
 election, if the election is to be held on the:
                      (A)   First Tuesday following the first Monday in November;
                      (B)   Third Tuesday in May for elections held in odd
 numbered years; or
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     As Engrossed:        H2/4/21 S2/22/21                                           HB1332
                        (C)   Tuesday four (4) weeks prior to the third Tuesday in
 June for years in which the office of Governor will appear on the ballot at
 the general election; or
                (2)    Eighty-nine (89) days before the annual school election if
 the election is to be held on the first Tuesday after the first Monday in
 March for years in which the office of President of the United States will
 appear on the ballot at the general election.
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       SECTION 3.       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 twenty (20) days eight (8) days before each the
 beginning of early voting for a preferential primary, general primary, and
 general election and at least ten (10) days before the holding of each
 general primary, general runoff, school, or special election to give public
 notice in a newspaper of general circulation in the county 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; and
                        (G)   The location where a list lists of appointed election
 officials, deputy county clerks, or additional deputies hired to conduct
 early voting can be found and the date dates the list is 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 4.       Arkansas Code  7-5-202(a)(2)(B), concerning public notice
 of elections, is amended to read as follows:
                        (B)   Another person makes an objection to his or her
 service to the county board of election commissioners within ten (10) seven
 (7) calendar days after posting the list of officials.
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     As Engrossed:       H2/4/21 S2/22/21                                           HB1332
      SECTION 5.        Arkansas Code  7-5-202(a)(3), concerning public notice of
 elections, is repealed.
               (3)    The public notice shall contain directions for filing an
 objection to the service of an election official, deputy county clerk, or
 additional deputy.
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      SECTION 6.        Arkansas Code  7-5-202(b), concerning public notice of
 elections, is amended to read as follows:
      (b)(1)     At least five (5) days prior to 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.
               (2)(A)     At least fifteen (15) eight (8) days before the beginning
 of early voting and the election day, each county board of election
 commissioners or county clerk shall prepare and post in a public place in the
 county clerk's office its list of appointed election officials, deputy county
 clerks, or additional deputies hired to conduct early voting.
                        (B)   The list may appoint election officials, deputy county
 clerks, or additional deputies hired to conduct early voting in the event of
 a runoff election.
               (B)(i)     At least eight (8) days before election day, each county
 board of election commissioners shall prepare and post in a public place in
 the county clerk's office its list of appointed election officials for
 election day.
                               (ii)    The list may appoint election officials hired
 for election day in the event of a runoff election.
                               (iii)   All election officials who are qualified to
 serve on election day are qualified to serve in a corresponding runoff
 election.
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      SECTION 7.        Arkansas Code  7-5-207(a)(2)(B)(iii)-(v), concerning the
 names included on ballots and drawing for ballot position, are amended to
 read as follows:
                               (iii)   Votes received by an unopposed candidate for
 the office of Governor, Mayor, Circuit Clerk, City Clerk, mayor, circuit
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     As Engrossed:       H2/4/21 S2/22/21                                          HB1332
 clerk, or the office of a nonjudicial state elected official shall be counted
 or tabulated by the election officials and certified according to law.
                              (iv)   The names of all unopposed candidates for the
 office of Mayor, Governor, Circuit Clerk, City Clerk, mayor, circuit clerk,
 and the office of a nonjudicial state elected official shall be separately
 placed on the general election ballot, and the votes for Mayor, Governor,
 Circuit Clerk, City Clerk, and a nonjudicial state elected official shall be
 tabulated as in all contested races.
                              (v)    All unopposed candidates, other than for the
 offices of Mayor, Governor, Circuit Clerk, City Clerk, mayor, circuit clerk,
 and the office of a nonjudicial state elected official, shall be declared and
 certified as elected in the same manner as if the candidate had been voted
 upon at the election.
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      SECTION 8.       Arkansas Code  7-5-701(a)(2), concerning declaration,
 certification, delivery and custody of election returns, is amended to read
 as follows:
               (2)    Unopposed candidates, other than candidates for mayor,
 governor, city clerk, and circuit clerk, shall be separately declared and
 certified to the Secretary of State as elected in the same manner as if the
 candidate had been voted upon at the election.
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      SECTION 9.       Arkansas Code  14-42-206(a)(3), concerning nominating
 petitions for municipal elections, is amended to read as follows:
               (3)    When the resolution has been adopted, the clerk or recorder
 shall mail a certified copy of the resolution to the chairs of the county
 party committees, the county clerk, and to the chairs of the state party
 committees.
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      SECTION 10.       Arkansas Code  14-42-206(d)(2)(b), concerning nominating
 petitions for municipal elections, is amended to read as follows:
                       (B)   The ordinance shall be published at least one (1) time
 a week for two (2) consecutive weeks immediately following adoption of the
 ordinance in a newspaper having a general circulation in the city, and shall
 be filed with the county clerk.
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     As Engrossed:     H2/4/21 S2/22/21                                       HB1332
      SECTION 11.     Arkansas Code  26-75-207(b)(2), concerning levying of a
 sales and use tax for capital improvements in a municipality, is amended to
 read as follows:
             (2)    The petition shall be signed by a number of the legal voters
 in the city that is no less than fifteen percent (15%) of the number of votes
 cast for the office of city clerk mayor at the last preceding general
 election.
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      SECTION 12.     Arkansas Code  26-75-307(b)(2), concerning levying of a
 sales tax for capital improvements in a municipality, is amended to read as
 follows:
             (2)    The petition shall be signed by a number of the legal voters
 in the city that is no less than fifteen percent (15%) of the number of votes
 cast for the office of city clerk mayor at the last preceding general
 election.
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                                      /s/Boyd
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                                  APPROVED: 3/24/21
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Statutes affected: 
Old version HB1332 Original - 1-28-2021 10:43 AM: 6-14-102(c), 6-14-111(k), 7-5-202(a), 7-5-202(b), 7-5-207(a), 7-5-701(a), 14-42-206(a), 14-42-206(d), 26-75-207(b), 26-75-307(b)
Old version HB1332 V2 - 2-4-2021 09:57 AM: 6-14-102(c), 6-14-111(k), 7-5-202(a), 7-5-202(b), 7-5-207(a), 7-5-701(a), 14-42-206(a), 14-42-206(d), 26-75-207(b), 26-75-307(b)
Old version HB1332 V3 - 2-22-2021 09:37 AM: 6-14-102(c), 6-14-111(k), 7-5-202(a), 7-5-202(b), 7-5-207(a), 7-5-701(a), 14-42-206(a), 14-42-206(d), 26-75-207(b), 26-75-307(b)
HB 1332: 6-14-102(c), 6-14-111(k), 7-5-202(a), 7-5-202(b), 7-5-207(a), 7-5-701(a), 14-42-206(a), 14-42-206(d), 26-75-207(b), 26-75-307(b)
Act 448: 6-14-102(c), 6-14-111(k), 7-5-202(a), 7-5-202(b), 7-5-207(a), 7-5-701(a), 14-42-206(a), 14-42-206(d), 26-75-207(b), 26-75-307(b)
Old version of HB 1332 - 02-22-21: 6-14-102(c), 6-14-111(k), 7-5-202(a), 7-5-202(b), 7-5-207(a), 7-5-701(a), 14-42-206(a), 14-42-206(d), 26-75-207(b), 26-75-307(b)
Old version of HB 1332 - 02-04-21: 6-14-102(c), 6-14-111(k), 7-5-202(a), 7-5-202(b), 7-5-207(a), 7-5-701(a), 14-42-206(a), 14-42-206(d), 26-75-207(b), 26-75-307(b)
Old version of HB 1332 - 01-28-21: 6-14-102(c), 6-14-111(k), 7-5-202(a), 7-5-202(b), 7-5-207(a), 7-5-701(a), 14-42-206(a), 14-42-206(d), 26-75-207(b), 26-75-307(b)