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 1620
4
5 By: Representative Hawks
6
7 For An Act To Be Entitled
8 AN ACT TO AMEND THE LAW CONCERNING THE DATES FOR
9 CERTAIN SPECIAL ELECTIONS; TO AMEND THE LAW
10 CONCERNING ELECTIONS; TO PROMOTE VOTER TURNOUT; AND
11 FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO AMEND THE LAW CONCERNING THE DATES FOR
16 CERTAIN SPECIAL ELECTIONS; TO AMEND THE
17 LAW CONCERNING ELECTIONS; AND TO PROMOTE
18 VOTER TURNOUT.
19
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code 2-16-504(b)(1), concerning elections to
24 establish Johnson grass control and eradication districts, is amended to read
25 as follows:
26 (b)(1) Immediately upon the submission of If the petition to the
27 county court or courts is submitted under subdivision (a)(1) of this section,
28 the court or courts shall issue a proclamation calling the election in
29 accordance with under 7-11-201 et seq. and notify the county board or
30 boards of election commissioners in writing. The election shall be held on a
31 date in accordance with 7-11-201 et seq. but in no event more than ninety
32 (90) days following publication of the proclamation authorized under 7-11-
33 304.
34
35 SECTION 2. Arkansas Code 6-53-602(b)(2), concerning publication of
36 proclamations by a community college, is amended to read as follows:
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1 (2)(A) The local board or acting local board shall issue a
2 proclamation and set a date for the election under 7-11-201 et seq., but
3 the date set for the election shall not be later than
4 (B) The local board or acting local board shall publish
5 the proclamation at least ninety (90) days after the publication of the
6 proclamation before the election date.
7
8 SECTION 3. Arkansas Code 6-53-603(a)(2), concerning the date of
9 election for a tax levy, is amended to read as follows:
10 (2) It The tax may be reduced or repealed, with the exception of the
11 amount of tax required to service any an outstanding bonds bond, or the tax
12 may be increased upon approval thereof by a majority of the qualified
13 electors of the district voting on the issue at an the next special election
14 called by the local board or acting local board to be held at least thirty
15 (30) calendar days after the local board or acting local board notifies the
16 county boards of election commissioners under 7-11-304.
17
18 SECTION 4. Arkansas Code 6-53-604(b), concerning dissolution of a
19 technical college district, is amended to read as follows:
20 (b)(1) The petitions A petition shall be filed with the Secretary of
21 State, who, within.
22 (2) The Secretary of State, within ten (10) days of the receipt
23 and verification by the Secretary of State of the sufficiency of the
24 petitions the petition, shall notify the county boards board of election
25 commissioners in each county in the district that an election shall is to be
26 held at a time not less than thirty (30) days nor more than one hundred
27 eighty (180) days from the date of notification under 7-11-304.
28
29 SECTION 5. Arkansas Code 7-11-205 is amended to read as follows:
30 7-11-205. Dates of special elections on measures and questions
31 Exceptions Separate ballots.
32 (a)(1)(A) Except as provided in subdivision (a)(1)(B) of this section,
33 all special elections on measures or questions A special election on a
34 measure or a question shall be held on the second Tuesday of any month,
35 except special elections held under this section in a month in which a
36 preferential primary election, general primary election, or general election
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1 is scheduled to occur, which shall be held on the date of the preferential
2 primary election, general primary election, or general election under 7-11-
3 304.
4 (B) Special elections scheduled to occur in a month in
5 which the second Tuesday is a legal holiday shall be held on the third
6 Tuesday of the month.
7 (2)(A) (b)(1) If a special election is held on the date of the
8 preferential primary election, the issue or issues to be voted upon at the
9 special election shall be included on the ballot of each political party.
10 (B)(2) The portion of the ballot containing the special
11 election shall be labeled with a heading stating SPECIAL ELECTION ON
12 ____________ with a brief description of the measure or question to be
13 decided in the election.
14 (3)(c) Separate ballots containing the issue or issues to be
15 voted on at the special election and candidates for nonpartisan judicial
16 office shall be prepared and made available to voters requesting a separate
17 ballot.
18 (4)(d) A voter shall not be required to vote in a political
19 party's preferential primary in order to be able to vote in the special
20 election.
21 (b)(1) A special election shall be held not less than seventy (70)
22 days following the date that the proclamation, ordinance, resolution, order,
23 or other authorized document is filed with the county clerk when the special
24 election is to be held on the date of the preferential primary election or
25 general election.
26 (2) If the special election is not held at the same time as a
27 preferential primary election or general election, the special election shall
28 be held not less than sixty (60) days following the date that the
29 proclamation, ordinance, resolution, order, or other authorized document is
30 filed with the county clerk.
31
32 SECTION 6. Arkansas Code Title 7, Chapter 11, Subchapter 3, is amended
33 to add an additional section to read as follows:
34 7-11-304. Dates of special elections.
35 (a) The proclamation, ordinance, resolution, order, or other
36 authorized document calling for a special election shall:
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1 (1) Set the date of the special election; and
2 (2) Be filed at least seventy-five (75) days before the date the
3 special election is to be held.
4 (b) If a special election is called in a year in which a preferential
5 primary election or general election is held, the special election shall be
6 held:
7 (1) With the preferential primary election;
8 (2) With the general election;
9 (3) On the second Tuesday in January; or
10 (4) On the second Tuesday in August.
11 (c) If a special election is called in a year in which a preferential
12 primary election or general election is not held, the special election shall
13 be held on the:
14 (1) Second Tuesday in January;
15 (2) Third Tuesday in May;
16 (3) Second Tuesday in August; or
17 (4) Tuesday next after the first Monday in November.
18 (d) This section does not apply to special elections to fill vacancies
19 in office, special runoff elections, local option elections, or special
20 elections otherwise provided for by the Arkansas Constitution.
21 (e)(1) An emergency special election may be held on a date other than
22 the dates specified under subsections (b) and (c) of this section.
23 (2) As used in this section, emergency means:
24 (A) A substantial change in:
25 (i) The interpretation of the law by the federal or
26 state courts which if not addressed by an election will render the governing
27 entity incapable of performing its lawful duties and obligations;
28 (ii) Circumstances due to a fire, flood, tornado, or
29 other natural disaster which if not addressed by an election will render the
30 governing entity financially incapable of performing its lawful duties and
31 obligations; or
32 (iii) Circumstances determined by the governing body
33 of the entity requesting the election to be an imminent danger to public
34 health and safety; and
35 (B) A delay of the special election that, until the next
36 date under subsections (b) and (c) of this section, would cause a substantial
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1 and undue hardship to the governing entity.
2
3 SECTION 7. Arkansas Code 11-10-1006(a)(2), concerning elections on
4 the issuance of Arkansas Unemployment Trust Fund Bonds, is amended to read as
5 follows:
6 (2)(A) An election under this section may be in conjunction with
7 a general election, or it may be a special election.
8 (B) A special election held under this section shall occur
9 on the second Tuesday of any month, except as otherwise provided for in this
10 subsection.
11 (C) A special election that is held in months in which a
12 presidential preferential primary election, preferential primary election,
13 general primary election, or general election is scheduled to occur shall be
14 held on the date of the presidential preferential primary election,
15 preferential primary election, general primary election, or general election
16 held on a date authorized under 7-11-304.
17 (D)(i)(B)(i) If a special election is held on the date of
18 the presidential preferential primary election, preferential primary
19 election, or general primary election, the issue or issues to be voted upon
20 at the special election shall be included on the ballot of each political
21 party.
22 (ii) However, separate ballots containing only the
23 issue or issues to be voted upon at the special election shall be prepared
24 and made available to voters requesting a separate ballot.
25 (iii) A voter shall not be required to vote in a
26 political party's presidential preferential primary election, preferential
27 primary election, or general primary election in order to be able to vote in
28 the special election.
29 (E) Special elections scheduled to occur in a month in
30 which the second Tuesday is a legal holiday shall be held on the third
31 Tuesday of the month.
32
33 SECTION 8. Arkansas Code 14-14-917(a)(2), concerning special
34 elections for referendum petition measures, is amended to read as follows:
35 (2) Referendum. Referendum petition measures may be submitted
36 to the electors during a regular general election and shall be submitted if
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1 the adequacy of the petition is determined within the time limitation
2 prescribed in this section. A referendum measure may also be referred to the
3 electors at a special election called for the expressed purpose proposed by
4 petition. However, no referendum petition certified within the time
5 limitations established for initiative measures shall be referred to a
6 special election, but shall be voted upon at the next regular election. No A
7 referendum election shall be held less than sixty (60) days after the
8 certification of adequacy of the petition by the county clerk on a date under
9 7-11-304.
10
11 SECTION 9. Arkansas Code 14-20-108(a)(1)(B)(i)(b), concerning
12 special elections on the issue of the levy of volunteer fire department dues
13 on residences, is amended to read as follows:
14 (b)(1) The issue may be placed on the ballot at a
15 special election by order of the quorum court in accordance with 7-11-201
16 et seq.
17 (2) The special election shall be held by
18 August 1.
19
20 SECTION 10. Arkansas Code 14-40-303(a)(3), concerning ordinances
21 calling annexation elections, is amended to read as follows:
22 (3) Fix the date for the annexation election under this section
23 on the next special election date under 7-11-304 after the ordinance is
24 filed; and
25
26 SECTION 11. Arkansas Code 14-47-140(d), concerning special elections
27 for mayor, is amended to read as follows:
28 (d) The special election shall be held not less than thirty (30) days
29 nor more than one hundred twenty (120) days after the proclamation on the
30 next special election date under 7-11-304.
31
32 SECTION 12. Arkansas Code 14-48-104(b), concerning special elections
33 after submission of a governmental form question to electors, is amended to
34 read as follows:
35 (b) If the number of signatures certified by the clerk is equal to or
36 greater than fifteen percent (15%) of the aggregate number of votes cast, as
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1 prescribed, the Secretary of State shall call the special election by
2 proclamation in accordance with, and a special election shall be held under
3 7-11-201 et seq. a special election to be held not more than ninety (90) days
4 from the date of the clerks certification.
5
6 SECTION 13. Arkansas Code 14-48-114(b)(3), concerning removal of
7 mayors or directors in city administrator cities, is amended to read as
8 follows:
9 (3) The county board of election commissioners shall issue a
10 proclamation in accordance with 7-11-201 et seq., calling a special
11 election on the question and shall fix a date for holding it not more than
12 ninety (90) days from on the next special election date under 7-11-304
13 after the date of the certification of the petitions by the clerk;
14
15 SECTION 14. Arkansas Code 14-57-704(a)(2), concerning special
16 elections for the levy of a vehicle tax, is amended to read as follows:
17 (2) This The election shall be held not more than ninety (90)
18 days from the date of the publication of the proclamation, at which the
19 qualified electors of the city or town shall vote on the question of the levy
20 of the tax on the next special election date under 7-11-304.
21
22 SECTION 15. Arkansas Code 14-61-113(1)(C), concerning special
23 elections called by petition, is amended to read as follows:
24 (C) The special election shall be held not more than sixty
25 (60) days on the next special election date under 7-11-304 after the
26 proclamation calling the election, provided that if the county board of
27 election commissioners certifies in writing that it cannot prepare the
28 ballots because of other pending elections, then the election can be held not
29 more than ninety (90) days after the proclamation;
30
31 SECTION 16. Arkansas Code 14-120-102(a), concerning elections in
32 certain combination levee and drainage districts, is amended to read as
33 follows:
34 (a)(1) There An election shall be held an election annually on the
35 Tuesday next after the first Monday in May in all combination levee and
36 drainage districts where the boundaries of the districts embrace all of the
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1 lands within the corporate limits of a city of the first class and no lands
2 situated more than three (3) miles from the corporate limits, for the
3 election of one (1) member of the board of improvement.
4 (2) The judges of the election are to shall be appointed by the
5 county board of election commissioners.
6
7 SECTION 17. Arkansas Code 14-122-104 is amended to read as follows:
8 14-122-104. Filing referendum petitions Special election.
9 If petitions signed by not less than fifteen percent (15%) of the
10 qualified electors voting on the office of mayor in the city at the last
11 preceding general election are filed with the city clerk of the city within
12 forty-five (45) days after the enactment of the ordinance creating the
13 municipal drainage improvement district requesting that the ordinance be
14 referred to a vote of the qualified