Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1368
4
5 By: Representatives Ray, Gonzales, Lowery, Furman
6 By: Senator Hester
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING THE DATES FOR
10 CERTAIN SPECIAL ELECTIONS; TO PROMOTE VOTER TURNOUT;
11 AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO AMEND THE LAW CONCERNING THE DATES FOR
16 CERTAIN SPECIAL ELECTIONS; AND TO PROMOTE
17 VOTER TURNOUT.
18
19
20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
21
22 SECTION 1. Arkansas Code 2-16-504(b)(1), concerning elections to
23 establish Johnson grass control and eradication districts, is amended to read
24 as follows:
25 (b)(1) Immediately upon the submission of If the petition to the
26 county court or courts is submitted under subdivision (a)(1) of this section,
27 the court or courts shall issue a proclamation calling the election in
28 accordance with under 7-11-201 et seq. and notify the county board or
29 boards of election commissioners in writing. The election shall be held on a
30 date in accordance with 7-11-201 et seq. but in no event more than ninety
31 (90) days following publication of the proclamation under 7-11-304.
32
33 SECTION 2. Arkansas Code 3-8-205(d)(3), concerning an election date
34 by petition regarding local option, is amended to read as follows:
35 (3) If the decision is in favor of the petitioners, then the
36 county board of election commissioners shall set the day for the election,
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1 which shall be not earlier than sixty-five (65) days nor later than ninety
2 (90) days after the final decision of the Supreme Court and shall be held on
3 a date authorized under 7-11-201 et seq.
4
5 SECTION 3. Arkansas Code 6-14-102(b), concerning school millage
6 elections, is amended to read as follows:
7 (b) The board of directors of any school district shall have the
8 authority to may hold a school election concerning the tax rate or debt
9 issues on a date other than that fixed by law provided that under 7-11-304,
10 if:
11 (1) All constitutional and statutory requirements for the annual
12 school election are met, notwithstanding subsection (a) of this section; and
13 (2) The election is held before the date of the annual school
14 election; and
15 (3) The Commissioner of Elementary and Secondary Education
16 approves the date of the election.
17
18 SECTION 4. Arkansas Code 6-14-122(b), concerning dates for elections
19 regarding the consolidation, annexation, or merger of school districts, is
20 amended to read as follows:
21 (b) The boards of directors of the school districts may, by resolution
22 duly adopted and with the approval of the Commissioner of Elementary and
23 Secondary Education, set a date for the annual school election in that year
24 for the school districts involved on a date other than the date set in 6-
25 14-102 for all school districts under 7-11-304, provided only one (1)
26 annual school election may be held in any school district in one (1) a
27 calendar year.
28
29 SECTION 5. Arkansas Code 6-53-602(b)(2), concerning publication of
30 proclamation by a community college, is amended to read as follows:
31 (2)(A) The local board or acting local board shall issue a
32 proclamation and set a date for the election under 7-11-201 et seq., but
33 the date set for the election shall not be later than
34 (B) The local board or acting local board shall publish
35 the proclamation at least ninety (90) days after the publication of the
36 proclamation before the election date.
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1
2 SECTION 6. Arkansas Code 6-53-603(a)(2), concerning the date of
3 election for a tax levy called, is amended to read as follows:
4 (2) It The tax may be reduced or repealed, with the exception of the
5 amount of tax required to service any an outstanding bonds bond, or the tax
6 may be increased upon approval thereof by a majority of the qualified
7 electors of the district voting on the issue at an the next election called
8 by the local board or acting local board to be held at least thirty (30)
9 calendar days after the local board or acting local board notifies the county
10 boards of election commissioners under 7-11-304.
11
12 SECTION 7. Arkansas Code 6-53-604(b), concerning dissolution of a
13 technical college district, is amended to read as follows:
14 (b)(1) The petitions A petition shall be filed with the Secretary of
15 State, who, within.
16 (2) The Secretary of State, within ten (10) days of the receipt
17 and verification by the Secretary of State of the sufficiency of the
18 petitions the petition, shall notify the county boards board of election
19 commissioners in each county in the district that an election shall is to be
20 held at a time not less than thirty (30) days nor more than one hundred
21 eighty (180) days from the date of notification under 7-11-304.
22
23 SECTION 8. Arkansas Code 7-1-101(16), concerning the definition of
24 "general or special election", is amended to read as follows:
25 (16) General or special election means the regular biennial or
26 annual election for election of United States, state, district, county,
27 township, and municipal officials and the special elections to fill
28 vacancies therein and special elections to approve any measure. The term as
29 used in this act shall not apply to school elections for officials of school
30 districts;
31
32 SECTION 9. Arkansas Code 7-11-205 is amended to read as follows:
33 7-11-205. Dates of special elections on measures and questions
34 Exceptions Separate ballots.
35 (a)(1)(A) Except as provided in subdivision (a)(1)(B) of this section,
36 all special elections on measures or questions A special election on a
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1 measure or a question shall be held on the second Tuesday of any month,
2 except special elections held under this section in a month in which a
3 preferential primary election, general primary election, or general election
4 is scheduled to occur, which shall be held on the date of the preferential
5 primary election, general primary election, or general election under 7-11-
6 304.
7 (B) Special elections scheduled to occur in a month in
8 which the second Tuesday is a legal holiday shall be held on the third
9 Tuesday of the month.
10 (2)(A) (b)(1) If a special election is held on the date of the
11 preferential primary election, the issue or issues to be voted upon at the
12 special election shall be included on the ballot of each political party.
13 (B)(2) The portion of the ballot containing the special
14 election shall be labeled with a heading stating SPECIAL ELECTION ON
15 ____________ with a brief description of the measure or question to be
16 decided in the election.
17 (3)(c) Separate ballots containing the issue or issues to be
18 voted on at the special election and candidates for nonpartisan judicial
19 office shall be prepared and made available to voters requesting a separate
20 ballot.
21 (4)(d) A voter shall not be required to vote in a political
22 party's preferential primary in order to be able to vote in the special
23 election.
24 (b)(1) A special election shall be held not less than seventy (70)
25 days following the date that the proclamation, ordinance, resolution, order,
26 or other authorized document is filed with the county clerk when the special
27 election is to be held on the date of the preferential primary election or
28 general election.
29 (2) If the special election is not held at the same time as a
30 preferential primary election or general election, the special election shall
31 be held not less than sixty (60) days following the date that the
32 proclamation, ordinance, resolution, order, or other authorized document is
33 filed with the county clerk.
34
35 SECTION 10. Arkansas Code Title 7, Chapter 11, Subchapter 3, is
36 amended to add an additional section to read as follows:
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1 7-11-304. Dates of special elections.
2 (a) The proclamation, ordinance, resolution, order, or other
3 authorized document calling for a special election shall:
4 (1) Set the date of the special election; and
5 (2) Be filed at least seventy-five (75) days before the date the
6 special election is to be held.
7 (b) If a special election is called in a year in which a preferential
8 primary election or general election is held, the special election shall be
9 held with the preferential primary election or general election.
10 (c) If a special election is called in a year in which a preferential
11 primary election or general election is not held, the special election shall
12 be held on the third Tuesday in May or the Tuesday next after the first
13 Monday in November.
14 (d) This section does not apply to special elections to fill vacancies
15 in office, special runoff elections, local option elections, or special
16 elections otherwise provided for by the Arkansas Constitution.
17 (e)(1) An emergency special election may be held on a date other than
18 the dates specified under subsections (b) and (c) of this section.
19 (2) As used in this section emergency means:
20 (A) Either a substantial change in:
21 (i) The interpretation of the law by the federal or
22 state courts which if not addressed by an election will render the governing
23 entity incapable of performing its lawful duties and obligations;
24 (ii) Circumstances due to a fire, flood, tornado, or
25 other natural disaster which if not addressed by an election will render the
26 governing entity financially incapable of performing its lawful duties and
27 obligations; or
28 (iii) Circumstances determined by the governing body
29 of the entity requesting the election to be an imminent danger to public
30 health and safety; and
31 (B) A delay of the special election that, until the next
32 date under subsections (b) and (c) of this section, would cause a substantial
33 and undue hardship to the governing entity.
34
35 SECTION 11. Arkansas Code 11-10-1006(a)(2), concerning elections on
36 the issuance of Arkansas Unemployment Trust Fund Bonds, is amended to read as
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1 follows:
2 (2)(A) An election under this section may be in conjunction with
3 a general election, or it may be a special election.
4 (B) A special election held under this section shall occur
5 on the second Tuesday of any month, except as otherwise provided for in this
6 subsection.
7 (C) A special election that is held in months in which a
8 presidential preferential primary election, preferential primary election,
9 general primary election, or general election is scheduled to occur shall be
10 held on the date of the presidential preferential primary election,
11 preferential primary election, general primary election, or general election.
12 held on a date under 7-11-304.
13 (D)(i)(B)(i) If a special election is held on the date of
14 the presidential preferential primary election, preferential primary
15 election, or general primary election, the issue or issues to be voted upon
16 at the special election shall be included on the ballot of each political
17 party.
18 (ii) However, separate ballots containing only the
19 issue or issues to be voted upon at the special election shall be prepared
20 and made available to voters requesting a separate ballot.
21 (iii) A voter shall not be required to vote in a
22 political party's presidential preferential primary election, preferential
23 primary election, or general primary election in order to be able to vote in
24 the special election.
25 (E) Special elections scheduled to occur in a month in
26 which the second Tuesday is a legal holiday shall be held on the third
27 Tuesday of the month.
28
29 SECTION 12. Arkansas Code 14-14-917(a)(2), concerning special
30 elections for referendum petition measures, is amended to read as follows:
31 (2) Referendum. Referendum petition measures may be submitted
32 to the electors during a regular general election and shall be submitted if
33 the adequacy of the petition is determined within the time limitation
34 prescribed in this section. A referendum measure may also be referred to the
35 electors at a special election called for the expressed purpose proposed by
36 petition. However, no referendum petition certified within the time
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1 limitations established for initiative measures shall be referred to a
2 special election, but shall be voted upon at the next regular election. No A
3 referendum election shall be held less than sixty (60) days after the
4 certification of adequacy of the petition by the county clerk on a date under
5 7-11-304.
6
7 SECTION 13. Arkansas Code 14-20-108(a)(1)(B)(i)(b), concerning
8 special elections on the issue of the levy of volunteer fire department dues
9 on residences, is amended to read as follows:
10 (b)(1) The issue may be placed on the ballot at a
11 special election by order of the quorum court in accordance with 7-11-201
12 et seq.
13 (2) The special election shall be held by
14 August 1.
15
16 SECTION 14. Arkansas Code 14-40-303(a)(3), concerning ordinances
17 calling annexation elections, is amended to read as follows:
18 (3) Fix the date for the annexation election under this section
19 at the next special election date under 7-11-304 after the ordinance is
20 filed.
21
22 SECTION 15. Arkansas Code 14-47-140(d), concerning special elections
23 for mayor, is amended to read as follows:
24 (d) The special election shall be held not less than thirty (30) days
25 nor more than one hundred twenty (120) days after the proclamation at the
26 next special election date under 7-11-304.
27
28 SECTION 16. Arkansas Code 14-48-104(b), concerning special elections
29 after submission of governmental form question to electors, is amended to
30 read as follows:
31 (b) If the number of signatures certified by the clerk is equal to or
32 greater than fifteen percent (15%) of the aggregate number of votes cast, as
33 prescribed, the Secretary of State shall call the election by proclamation in
34 accordance with, and an election shall be held under 7-11-201 et seq. a
35 special election to be held not more than ninety (90) days from the date of
36 the clerks certification.
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1
2 SECTION 17. Arkansas Code 14-48-114(b)(3), concerning removal of
3 mayors or directors in city administrator cities, is amended to read as
4 follows:
5 (3) The county board of election commissioners shall issue a
6 proclamation in accordance with 7-11-201 et seq., calling a special
7 election on the question and shall fix a date for holding it not more than
8 ninety (90) days from on the next special election date under 7-11-304
9 after the date of the certification of the petitions by the clerk;
10
11 SECTION 18. Arkansas Code 14-57-704(a)(2), concerning special
12 elections for the levy of a vehicle tax, is amended to read as follows:
13 (2) This The election shall be held not more than ninety (90)
14 days from the date of the publication of the proclamation, at which the
15 qualified electors of the city or tow