Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1043 3
4
By: Representative A. Collins 5
6
7
For An Act To Be Entitled 8
AN ACT TO PROTECT PUBLIC CONFIDENCE IN THE INTEGRITY 9
OF APPELLATE JUDICIAL ELECTIONS; TO REQUIRE 10
DISCLOSURE AND REPORTING OF NONCANDIDATE EXPENDITURES 11
PERTAINING TO APPELLATE JUDICIAL ELECTIONS; TO 12
EMPOWER CITIZENS TO COMPEL TRANSPARENCY FROM PERSONS 13
MAKING NONCANDIDATE EXPENDITURES; TO ADOPT NEW LAWS 14
CONCERNING APPELLATE JUDICIAL CAMPAIGNS; AND FOR 15
OTHER PURPOSES. 16
17
18
Subtitle 19
TO REQUIRE DISCLOSURE AND REPORTING OF 20
NONCANDIDATE EXPENDITURES PERTAINING TO 21
APPELLATE JUDICIAL ELECTIONS; AND TO 22
ADOPT NEW LAWS CONCERNING APPELLATE 23
JUDICIAL CAMPAIGNS. 24
25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
27
SECTION 1. Arkansas Code § 7 -6-213 is amended to read as follows: 28
7-6-213. Verification of reports. 29
All reports required to be filed by the provisions of this subchapter 30
shall be verified by affidavit by the candidate , or a person acting in the 31
candidate's behalf, a noncandidate expenditure committee, or a person acting 32
on behalf of the noncandidate expenditure committee stating that to the best 33
of his, or her, or its knowledge and belief the information so disclosed is a 34
complete, true, and accurate financial statement of the candidate's campaign 35
contributions or expenditures of the candidate or the noncandidate 36 HB1043
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expenditure committee . 1
2
SECTION 2. Arkansas Code Title 7, Chapter 6, Subchapter 2, is amended 3
to add additional sections to read as follows: 4
7-6-234. Legislative findings and intent. 5
To protect public confidence in the integrity of appellate judicial 6
elections, it is necessary and proper for the State of Arkansas to: 7
(1) Require comprehensive disclosure of noncandidate 8
contributions and noncandidate expenditures in races for the Office of Judge 9
of the Court of Appeals or Office of Justice of the Supreme Court; 10
(2) Empower the Arkansas Ethics Commission, through its 11
rulemaking authority, to implement rules to govern noncandidate expenditures; 12
and 13
(3) Enhance enforcement of the law concerning noncandidate 14
expenditures that pertain to races for appellate judicial offices. 15
16
7-6-235. Noncandidate expenditures – Definitions. 17
As used in this section and §§ 7 -6-213 and § 7-6-236 – 7-6-239: 18
(1) “Noncandidate expenditure”: 19
(A) Means an expenditure for an election that is: 20
(i) Not a contribution to a candidate’s campaign; 21
and 22
(ii) Not reported as an independent expenditure 23
under § 7-6-220; 24
(B) Pertains to a communication that: 25
(i) Names or provides a photograph or other image of 26
a specific candidate or specific set of candidates for the Office of Court of 27
Appeals Judge or Office of Supreme Court Justice within one hundred twenty 28
(120) days before an election for the Office of Court of Appeals Judge or 29
Office of Supreme Court Justice; and 30
(ii) Is targeted to or otherwise expected to be 31
received by one thousand (1,000) or more voters; and 32
(C) Does not include: 33
(i) A news article, editorial, or opinion article or 34
statement; 35
(a) That is printed, broadcasted, presented 36 HB1043
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electronically, or otherwise distributed by a newspaper, radio or television 1
broadcaster, or other for -profit media source; and 2
(b) For which no person other than the media 3
source has funded, purchased, or otherwise paid consideration for the article 4
or statement to be printed, broadcasted, presented electronically, or 5
otherwise distributed; 6
(ii) A communication between an organization and a 7
member of the organization as reflected in the organization's membership 8
records; 9
(iii) A communication between two (2) or more 10
members of an organization as reflected in the organization's membership 11
records; or 12
(iv) An informational guide to candidates 13
disseminated in printed form or on the internet that does not: 14
(a) Ask a voter or other person to contact a 15
candidate about the candidate's actions or positions, other than a 16
candidate's lack of response to a questionnaire; or 17
(b) Communicate an opinion on a specific 18
candidate or specific set of candidates; and 19
(2) “Noncandidate expenditure committee” means a person that: 20
(A) Accepts contributions from one (1) or more persons in 21
order to make a noncandidate expenditure for an appellate judicial election; 22
and 23
(B) Is registered as a noncandidate expenditure committee 24
under § 7-6-237 prior to making a noncandidate expenditure. 25
26
7-6-236. Contributions to noncandidate expenditure committees – 27
Noncandidate expenditures for appellate judicial elections — Reports. 28
(a) A person, including a noncandidate expenditure committee, that 29
accepts contributions or makes noncandidate expenditures in a calendar year 30
that exceed an aggregate amount or value of one thousand dollars ($1,000) 31
shall file a report with the Secretary of State no later than: 32
(1) Sixty (60) days before a preferential primary election, 33
general election, or special election, for the period ending sixty -five (65) 34
days before the preferential primary election, general election, or special 35
election; 36 HB1043
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(2) Thirty (30) days before a preferential primary election, 1
general election, or special election, covering the period ending thirty -five 2
(35) days before the preferential primary election, general election, or 3
special election; 4
(3) Seven (7) days before a preferential primary election, 5
general election, or special election covering the period ending ten (10) 6
days before the preferential primary election, general election, or special 7
election; and 8
(4)(A) Thirty (30) days after the end of the month in which the 9
last election is held at which the candidate seeks nomination or election. 10
(B) The report under subdivision (a)(4)(A) of this section 11
shall be the final report filed under this subsection. 12
(b) A report required under subsection (a) of this section shall 13
include: 14
(1) The same information pertaining to expenditures that is 15
required of candidates for office other than school district, township, 16
municipal, or county office as set forth in § 7 -6-207(b)(1)(E)-(H); 17
(2) In the case of an individual making a noncandidate 18
expenditure: 19
(A) The name of the individual; and 20
(B)(i) The individual's principal place of business and 21
the postal zip code of principal residence. 22
(ii) If the individual has no principal place of 23
business or employer address, a report under subsection (a) of this section 24
shall include the individual's current occupation and home address; 25
(3) In the case of a noncandidate expenditure committee, the 26
name, address, employer, and occupation of the officers of the committee; 27
(4) In the case of a person that is not an individual or a 28
noncandidate expenditure committee, the principal name of the entity, the 29
entity's address, and the name, address, employer, and occupation of the 30
entity's officers; and 31
(5) For noncandidate expenditures made for the Office of Judge 32
of the Court of Appeals or the Office of Justice of the Supreme Court: 33
(A) The name and address of each person that made a 34
contribution or contributions that: 35
(i) Were used for noncandidate expenditures; and 36 HB1043
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(ii) In the aggregate exceeded two hundred fifty 1
dollars ($250); 2
(B) The contributing person's principal place of business, 3
employer, and occupation, the amount contributed, the date the contribution 4
was accepted by the person or noncandidate expenditure committee, and the 5
aggregate amount contributed for the noncandidate expenditures; 6
(C)(i) The name and address of each person that 7
contributed an item other than money that was used in furtherance of the 8
noncandidate expenditures, together with a description of the item, the date 9
of receipt, and the value. 10
(ii) This subdivision (b)(5)(C) does not apply to an 11
individual providing volunteer service. 12
(iii) If a person makes a contribution for a purpose 13
other than a noncandidate expenditure to an organization that contributed to 14
a noncandidate expenditure committee, the name and address of the person is 15
not required; 16
(D) The current balance of noncandidate expenditure 17
committee funds; and 18
(E) Any other information required by a rule of the 19
Arkansas Ethics Commission adopted before the date the contribution is 20
accepted. 21
(c) The report required under subsection (a) of this section shall be 22
verified by an affidavit of the person submitting the report stating that to 23
the best of his or her knowledge and belief the information disclosed is a 24
complete, true, and accurate financial statement of the contributions 25
received and made. 26
(d)(1) A report is timely filed if it is filed in electronic form 27
through the website of the Secretary of State on or before the date that the 28
report is due. 29
(2)(A) Reports shall be submitted to the Secretary of State in a 30
readable electronic format that is acceptable to the Secretary of State and 31
approved by the commission. 32
(B) The commission shall approve the format used by the 33
Secretary of State for the filing of noncandidate expenditure reports in 34
electronic form to ensure that all required information is captured. 35
(C) The website of the Secretary of State shall be 36 HB1043
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designed to allow for searches of noncandidate expenditure report information 1
filed in electronic form. 2
(3) A person, including a noncandidate expenditure committee, 3
may file reports in paper form under this section if all requirements are met 4
for alternative filing of reports by candidates under § 7 -6-230. 5
6
7-6-237. Noncandidate expenditure committee – Registration. 7
(a)(1)(A) A noncandidate expenditure committee shall register with the 8
Secretary of State: 9
(i) Within fifteen (15) days after accepting 10
contributions that exceed one thousand dollars ($1,000) in the aggregate 11
during a calendar year; and 12
(ii) Before making a noncandidate expenditure 13
pertaining to a candidate for the Office of Court of Appeals Judge or the 14
Office of Supreme Court Justice. 15
(B) Registration shall be: 16
(i) Annually renewed by January 15 unless the 17
noncandidate expenditure committee has ceased to exist; and 18
(ii) On a form provided by the Secretary of State, 19
and the contents of the form shall be verified by an affidavit of an officer 20
of the noncandidate expenditure committee. 21
(2) The noncandidate expenditure committee shall maintain for a 22
period of four (4) years records evidencing: 23
(A) The name, address, and place of employment of each 24
person that contributed to the noncandidate expenditure committee, along with 25
the amount contributed; and 26
(B) Each noncandidate expenditure made by the noncandidate 27
expenditure committee, along with the amount of each noncandidate 28
expenditure. 29
(3) The noncandidate expenditure committee: 30
(A) Shall designate a resident agent who shall be an 31
individual who resides in this state; and 32
(B) Shall not accept a contribution or make a noncandidate 33
expenditure unless the noncandidate expenditure committee has designated a 34
resident agent and registered under this section. 35
(4) An out-of-state noncandidate expenditure committee shall 36 HB1043
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comply with the registration and reporting requirements of this section if 1
the noncandidate expenditure committee makes one (1) noncandidate expenditure 2
or more than one (1) noncandidate expenditure within the State of Arkansas 3
that in the aggregate exceed one thousand dollars ($1,000) during a calendar 4
year. 5
(b) The registration form of a noncandidate expenditure committee 6
shall be completed with the following information: 7
(1)(A) The name, address, and, when available, phone number of 8
the noncandidate expenditure committee and the name, address, phone number, 9
and place of employment of each of the officers of the noncandidate 10
expenditure committee. 11
(B) If the name of the noncandidate expenditure committee 12
is an acronym, then both the acronym and the words forming the acronym shall 13
be disclosed; 14
(2) The full name and street address, city, state, and zip code 15
of each financial institution the noncandidate expenditure committee uses for 16
purposes of receiving contributions or making noncandidate expenditures 17
within this state; 18
(3) A written acceptance of designation as resident agent from 19
the individual designated under subdivision (a)(3) of this section; 20
(4) A certification by an officer of the noncandidate 21
expenditure committee, under penalty of false swearing, that the information 22
provided on the registration form is correct; and 23
(5) A clause submitting the noncandidate expenditure committee 24
to the jurisdiction of the State of Arkansas for all purposes related to 25
compliance with this subchapter. 26
(c)(1) If a noncandidate expenditure committee makes a change to any 27
information required by subsection (b) of this section, an amendment shall be 28
filed with the Secretary of State within ten (10) days of the change. 29
(2) A noncandidate expenditure committee that fails to file an 30
amendment under subdivision (c)(1) of this section is subject to a late 31
filing fee of ten dollars ($10.00) for each day the amendment is not filed. 32
33
7-6-238. Noncandidate expenditures – Requirements. 34
(a) A noncandidate expenditure shall not be made: 35
(1) In arrangement, cooperation, or consultation between a 36 HB1043
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candidate or an authorized committee or agent of the candidate and the person 1
making the expenditure or an authorized agent of the person making the 2
expenditure; or 3
(2) In concert with or at the request or suggestion of a 4
candidate or an authorized committee or agent of the candidate. 5
(b)(1) A contributor to a noncandidate expenditure committee shall not 6
contribute funds received by transfer from another person. 7
(2) A person shall not solicit and receive contributions for the 8
purpose of transferring the contributions or a portion of them to a 9
noncandidate expenditure committee. 10
(3) Contributions to a noncandidate expenditure committee shall 11
comply with the limitations imposed on contributions to candidates and 12
independent expenditure committees under § 7 -6-205. 13
(c) A noncandidate expenditure committee that makes a noncandidate 14
expenditure pertaining to a candidate for the Office of Judge of the Court of 15
Appeals or the Office of Justice of the Supreme Court shall maintain any 16
funds contributed for the purpose of the noncandidate expenditure pertaining 17
to the candidate for the Office of Judge of the Court of Appeals or the 18
Office of Justice of the Supreme Court in a segregated account. 19
(d)(1) A noncandidate expenditure committee that makes a noncandidate 20
expenditure pertaining to a candidate for the Office of Judge of the Court of 21
Appeals or the Office of Justice of the Supreme Court shall keep records of 22
all contributions and noncandidate expenditures in a manner sufficient to 23
demonstrate compliance with this subchapter. 24
(2) The records required under subdivision (d)(1) of this 25
section shall be: 26
(A) Made available to the Arkansas Ethics Commission and 27
the prosecuting attorney in the district in which the candidate resides; and 28
(B) Maintained for a period of four (4) years. 29
(e) The commission and the prosecuting attorney in the district in 30
which the candidate resides shall enforce this subchapter. 31
32
7-6-239. Noncandidate expenditures – Cause of action for violation. 33
(a)(1) A registered voter in this state may bring an action against a 34
noncandidate expenditure committee in circuit court to force compliance with 35
§§ 7-6-213, 7-6-231, and 7-6-234 – 7-6-236. 36 HB1043
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(2) The registered voter may bring an action in circuit court 1
pursuant to the Arkansas Rules of Civil Procedure to force compliance with 2
this subchapter. 3
(b) If the registered voter prevails in an action under this section, 4
he or she shall be entitled to reimbursement of expenses and reasonable 5
attorney's fees from the person whose action is enjoined. 6
7
SECTION 3. DO NOT CODIFY. Rules. 8
(a) The Arkansas Ethics Commission shall promulgate rules to implement 9
§§ 7-6-234 – 7-6-238. 10
(b) The commission shall file the initial rules with the Secretary of 11
State for adoption under § 25 -15-204(f): 12
(1) On or before January 1, 2026; or 13
(2) If approval under § 10 -3-309 has not occurred by January 1, 14
2026, as soon as practicable after approval under § 10 -3-309. 15
(c) The commission shall file the proposed rule with the Legislative 16
Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 17
that the Legislative Council may consider the rule for approval before 18
January 1, 2026. 19
20
SECTION 4. DO NOT CODIFY. Effective date for registration and 21
reporting requirements. 22
(a) The General Assembly finds that it is necessary to give sufficient 23
notice of the rules adopted by the Arkansas Ethics Commission in furtherance 24
of this act to noncandidate expenditure committees and other persons required 25
to register and report noncandidate contributions and noncandidate 26
expenditures under this act. 27
(b)(1) Therefore, the registration and reporting requirements created 28
by this act are not required for the 2026 nonpartisan judicial general 29
election held on the date of the preferential primary for other offices. 30
(2) The registration and reporting requirements created by this 31
act shall be required for the 2026 November nonpartisan judicial runoff 32
election, with registration and reporting to begin on July 1, 2026. 33
34
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36