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 SENATE BILL 635
4
5 By: Senator Hester
6 By: Representative Ray
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 6-14-102(b), concerning school millage
34 elections, is amended to read as follows:
35 (b) The board of directors of any school district shall have the
36 authority to may hold a school election concerning the tax rate or debt
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1 issues on a date other than that fixed by law provided that under 7-11-304
2 if:
3 (1) All constitutional and statutory requirements for the annual
4 school election are met, notwithstanding subsection (a) of this section; and
5 (2) The election is held before the date of the annual school
6 election; and
7 (3) The Commissioner of Elementary and Secondary Education
8 approves the date of the election.
9
10 SECTION 3. Arkansas Code 6-14-122(b), concerning dates for elections
11 regarding the consolidation, annexation, or merger of school districts, is
12 amended to read as follows:
13 (b) The boards of directors of the school districts may, by resolution
14 duly adopted and with the approval of the Commissioner of Elementary and
15 Secondary Education, set a date for the annual school election in that year
16 for the school districts involved on a date other than the date set in 6-
17 14-102 for all school districts under 7-11-304, provided only one (1)
18 annual school election may be held in any school district in one (1) a
19 calendar year.
20
21 SECTION 4. Arkansas Code 6-53-602(b)(2), concerning publication of a
22 proclamation by a community college, is amended to read as follows:
23 (2)(A) The local board or acting local board shall issue a
24 proclamation and set a date for the election under 7-11-201 et seq., but
25 the date set for the election shall not be later than
26 (B) The local board or acting local board shall publish
27 the proclamation at least ninety (90) days after the publication of the
28 proclamation before the election date.
29
30 SECTION 5. Arkansas Code 6-53-603(a)(2), concerning the date of
31 election for a tax levy called, is amended to read as follows:
32 (2) It The tax may be reduced or repealed, with the exception of the
33 amount of tax required to service any an outstanding bonds bond, or the tax
34 may be increased upon approval thereof by a majority of the qualified
35 electors of the district voting on the issue at an the next election called
36 by the local board or acting local board to be held at least thirty (30)
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1 calendar days after the local board or acting local board notifies the county
2 boards of election commissioners under 7-11-304.
3
4 SECTION 6. Arkansas Code 6-53-604(b), concerning dissolution of a
5 technical college district, is amended to read as follows:
6 (b)(1) The petitions A petition shall be filed with the Secretary of
7 State, who, within.
8 (2) The Secretary of State, within ten (10) days of the receipt
9 and verification by the Secretary of State of the sufficiency of the
10 petitions the petition, shall notify the county boards board of election
11 commissioners in each county in the district that an election shall is to be
12 held at a time not less than thirty (30) days nor more than one hundred
13 eighty (180) days from the date of notification under 7-11-304.
14
15 SECTION 7. Arkansas Code 7-1-101(16), concerning the definition of
16 "general or special election", is amended to read as follows:
17 (16) General or special election means the regular biennial or
18 annual election for election of United States, state, district, county,
19 township, and municipal officials and the special elections to fill
20 vacancies therein and special elections to approve any measure. The term as
21 used in this act shall not apply to school elections for officials of school
22 districts;
23
24 SECTION 8. Arkansas Code 7-11-205 is amended to read as follows:
25 7-11-205. Dates of special elections on measures and questions
26 Exceptions Separate ballots.
27 (a)(1)(A) Except as provided in subdivision (a)(1)(B) of this section,
28 all special elections on measures or questions A special election on a
29 measure or a question shall be held on the second Tuesday of any month,
30 except special elections held under this section in a month in which a
31 preferential primary election, general primary election, or general election
32 is scheduled to occur, which shall be held on the date of the preferential
33 primary election, general primary election, or general election under 7-11-
34 304.
35 (B) Special elections scheduled to occur in a month in
36 which the second Tuesday is a legal holiday shall be held on the third
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1 Tuesday of the month.
2 (2)(A) (b)(1) If a special election is held on the date of the
3 preferential primary election, the issue or issues to be voted upon at the
4 special election shall be included on the ballot of each political party.
5 (B)(2) The portion of the ballot containing the special
6 election shall be labeled with a heading stating SPECIAL ELECTION ON
7 ____________ with a brief description of the measure or question to be
8 decided in the election.
9 (3)(c) Separate ballots containing the issue or issues to be
10 voted on at the special election and candidates for nonpartisan judicial
11 office shall be prepared and made available to voters requesting a separate
12 ballot.
13 (4)(d) A voter shall not be required to vote in a political
14 party's preferential primary in order to be able to vote in the special
15 election.
16 (b)(1) A special election shall be held not less than seventy (70)
17 days following the date that the proclamation, ordinance, resolution, order,
18 or other authorized document is filed with the county clerk when the special
19 election is to be held on the date of the preferential primary election or
20 general election.
21 (2) If the special election is not held at the same time as a
22 preferential primary election or general election, the special election shall
23 be held not less than sixty (60) days following the date that the
24 proclamation, ordinance, resolution, order, or other authorized document is
25 filed with the county clerk.
26
27 SECTION 9. Arkansas Code Title 7, Chapter 11, Subchapter 3, is amended
28 to add an additional section to read as follows:
29 7-11-304. Dates of special elections.
30 (a) The proclamation, ordinance, resolution, order, or other
31 authorized document calling for a special election shall:
32 (1) Set the date of the special election; and
33 (2) Be filed at least seventy-five (75) days before the date the
34 special election is to be held.
35 (b) If a special election is called in a year in which a preferential
36 primary election or general election is held, the special election shall be
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1 held with the preferential primary election or general election.
2 (c) If a special election is called in a year in which a preferential
3 primary election or general election is not held, the special election shall
4 be held on the third Tuesday in May or the Tuesday next after the first
5 Monday in November.
6 (d) This section does not apply to special elections to fill vacancies
7 in office, special runoff elections, local option elections, or special
8 elections otherwise provided for by the Arkansas Constitution.
9 (e)(1) An emergency special election may be held on a date other than
10 the dates specified under subsections (b) and (c) of this section.
11 (2) As used in this section, emergency means:
12 (A) Either a substantial change in:
13 (i) The interpretation of the law by the federal or
14 state courts that, if not addressed by an election, will render the governing
15 entity incapable of performing its lawful duties and obligations;
16 (ii) Circumstances due to a fire, flood, tornado, or
17 other natural disaster that, if not addressed by an election, will render the
18 governing entity financially incapable of performing its lawful duties and
19 obligations; or
20 (iii) Circumstances determined by the governing body
21 of the entity requesting the election to be an imminent danger to public
22 health and safety; and
23 (B) A delay of the special election that, until the next
24 date under subsections (b) and (c) of this section, would cause a substantial
25 and undue hardship to the governing entity.
26
27 SECTION 10. Arkansas Code 11-10-1006(a)(2), concerning elections on
28 the issuance of Arkansas Unemployment Trust Fund Bonds, is amended to read as
29 follows:
30 (2)(A) An election under this section may be in conjunction with
31 a general election, or it may be a special election.
32 (B) A special election held under this section shall occur
33 on the second Tuesday of any month, except as otherwise provided for in this
34 subsection.
35 (C) A special election that is held in months in which a
36 presidential preferential primary election, preferential primary election,
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1 general primary election, or general election is scheduled to occur shall be
2 held on the date of the presidential preferential primary election,
3 preferential primary election, general primary election, or general election.
4 held on a date under 7-11-304.
5 (D)(i)(B)(i) If a special election is held on the date of
6 the presidential preferential primary election, preferential primary
7 election, or general primary election, the issue or issues to be voted upon
8 at the special election shall be included on the ballot of each political
9 party.
10 (ii) However, separate ballots containing only the
11 issue or issues to be voted upon at the special election shall be prepared
12 and made available to voters requesting a separate ballot.
13 (iii) A voter shall not be required to vote in a
14 political party's presidential preferential primary election, preferential
15 primary election, or general primary election in order to be able to vote in
16 the special election.
17 (E) Special elections scheduled to occur in a month in
18 which the second Tuesday is a legal holiday shall be held on the third
19 Tuesday of the month.
20
21 SECTION 11. Arkansas Code 14-14-917(a)(2), concerning special
22 elections for referendum petition measures, is amended to read as follows:
23 (2) Referendum. Referendum petition measures may be submitted
24 to the electors during a regular general election and shall be submitted if
25 the adequacy of the petition is determined within the time limitation
26 prescribed in this section. A referendum measure may also be referred to the
27 electors at a special election called for the expressed purpose proposed by
28 petition. However, no referendum petition certified within the time
29 limitations established for initiative measures shall be referred to a
30 special election, but shall be voted upon at the next regular election. No A
31 referendum election shall be held less than sixty (60) days after the
32 certification of adequacy of the petition by the county clerk on a date under
33 7-11-304.
34
35 SECTION 12. Arkansas Code 14-20-108(a)(1)(B)(i)(b), concerning
36 special elections on the issue of the levy of volunteer fire department dues
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1 on residences, is amended to read as follows:
2 (b)(1) The issue may be placed on the ballot at a
3 special election by order of the quorum court in accordance with 7-11-201
4 et seq.
5 (2) The special election shall be held by
6 August 1.
7
8 SECTION 13. Arkansas Code 14-40-303(a)(3), concerning ordinances
9 calling annexation elections, is amended to read as follows:
10 (3) Fix the date for the annexation election under this section
11 at the next special election date under 7-11-304 after the ordinance is
12 filed; and
13
14 SECTION 14. Arkansas Code 14-47-140(d), concerning special elections
15 for mayor, is amended to read as follows:
16 (d) The special election shall be held not less than thirty (30) days
17 nor more than one hundred twenty (120) days after the proclamation on the
18 next special election date under 7-11-304.
19
20 SECTION 15. Arkansas Code 14-48-104(b), concerning special elections
21 after submission of a governmental form question to electors, is amended to
22 read as follows:
23 (b) If the number of signatures certified by the clerk is equal to or
24 greater than fifteen percent (15%) of the aggregate number of votes cast, as
25 prescribed, the Secretary of State shall call the election by proclamation in
26 accordance with, and an election shall be held under 7-11-201 et seq. a
27 special election to be held not more than ninety (90) days from the date of
28 the clerks certification.
29
30 SECTION 16. Arkansas Code 14-48-114(b)(3), concerning removal of
31 mayors or directors in city administrator cities, is amended to read as
32 follows:
33 (3) The county board of election commissioners shall issue a
34 proclamation in accordance with 7-11-201 et seq., calling a special
35 election on the question and shall fix a date for holding it not more than
36 ninety (90) days from on the next special election date under 7-11-304
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1 after the date of the certification of the petitions by the clerk;
2
3 SECTION 17. Arkansas Code 14-57-704(a)(2), concerning special
4 elections for the levy of a vehicle tax, is amended to read as follows:
5 (2) This The election shall be held not more than ninety (90)
6 days from the date of the publication of the proclamation, at which the
7 qualified electors of the city or town shall vote on the question of the levy
8 of the tax on the next special election date under 7-11-304.
9
10 SECTION 18. Arkansas Code 14-61-113(1)(C), concerning special
11 elections called by petition, is amended to read as follows:
12 (C) The special election shall be held not more than sixty
13 (60) days on the next special election date under 7-11-304 after the
14 proclamation calling the election, provided that if the county board of
15 election commissioners certifies in writing that it cannot prepare