| 1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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| 2 | 2 | | *MBM038* 12/06/2024 11:45:00 AM MBM038 |
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| 3 | 3 | | State of Arkansas 1 |
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| 4 | 4 | | 95th General Assembly A Bill 2 |
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| 5 | 5 | | Regular Session, 2025 HOUSE BILL 1070 3 |
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| 6 | 6 | | 4 |
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| 7 | 7 | | By: Representative John Carr 5 |
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| 8 | 8 | | By: Senator J. Bryant 6 |
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| 9 | 9 | | 7 |
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| 10 | 10 | | For An Act To Be Entitled 8 |
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| 11 | 11 | | AN ACT TO CREATE THE BALLOT DRAW STANDARDIZATION ACT 9 |
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| 12 | 12 | | OF 2025; TO AMEND ARKANSAS LAW CONCERNING THE DRAWING 10 |
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| 13 | 13 | | OF LOTS TO DETERMINE THE ORDER IN WHICH THE NAMES OF 11 |
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| 14 | 14 | | CANDIDATES APPEAR ON THE BALLOT; AND FOR OTHER 12 |
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| 15 | 15 | | PURPOSES. 13 |
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| 16 | 16 | | 14 |
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| 17 | 17 | | 15 |
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| 18 | 18 | | Subtitle 16 |
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| 19 | 19 | | TO CREATE THE BALLOT DRAW 17 |
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| 20 | 20 | | STANDARDIZATION ACT OF 2025. 18 |
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| 21 | 21 | | 19 |
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| 22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 |
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| 23 | 23 | | 21 |
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| 24 | 24 | | SECTION 1. TITLE. This act shall be known and may be cited as the 22 |
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| 25 | 25 | | "Ballot Draw Standardization Act of 2025". 23 |
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| 26 | 26 | | 24 |
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| 27 | 27 | | SECTION 2. Arkansas Code § 7 -5-207(c), concerning the draw for ballot 25 |
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| 28 | 28 | | position, is amended to read as follows: 26 |
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| 29 | 29 | | (c)(1)(A) The order in which the names of the candidates shall appear 27 |
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| 30 | 30 | | on the ballot shall be determined by lot at a public meeting of the county 28 |
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| 31 | 31 | | board of election commissioners not less than seventy -two (72) days before 29 |
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| 32 | 32 | | the general election. 30 |
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| 33 | 33 | | (B)(i) The lot to determine the order in which a 31 |
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| 34 | 34 | | candidate’s name appears on the ballot shall be drawn by the candidate or his 32 |
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| 35 | 35 | | or her designee. 33 |
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| 36 | 36 | | (ii) Except as provided in subdivision 34 |
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| 37 | 37 | | (c)(1)(B)(iii) of this section, a person shall not be designated to draw by 35 |
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| 38 | 38 | | lot for more than one (1) candidate at the public meeting under subdivision 36 HB1070 |
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| 39 | 39 | | |
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| 40 | 40 | | 2 12/06/2024 11:45:00 AM |
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| 41 | 41 | | (c)(1)(A) of this section to determine the order in which the names of the 1 |
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| 42 | 42 | | candidates appear on the ballot. 2 |
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| 43 | 43 | | (iii) If a candidate does not appear in person to 3 |
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| 44 | 44 | | draw by lot and does not designate a person to draw by lot on his or her 4 |
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| 45 | 45 | | behalf, the lot shall be drawn by a member of the county board of election 5 |
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| 46 | 46 | | commissioners or a person designated by the county board of election 6 |
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| 47 | 47 | | commissioners. 7 |
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| 48 | 48 | | (C) Lots shall be drawn in the following order: 8 |
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| 49 | 49 | | (i) First, by all candidates who appear in person at 9 |
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| 50 | 50 | | the drawing of lots, with the order in which the candidates draw by lot 10 |
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| 51 | 51 | | determined by the filing date and time of each candidate, beginning with the 11 |
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| 52 | 52 | | candidate who filed for office first and, if the candidates filed for office 12 |
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| 53 | 53 | | on the same date, the candidate who filed for office first in time; 13 |
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| 54 | 54 | | (ii) Second, by all persons designated by a 14 |
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| 55 | 55 | | candidate to draw by lot on his or her behalf, with the order in which the 15 |
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| 56 | 56 | | designees draw by lot determined by the filing date and time of the each 16 |
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| 57 | 57 | | candidate appointing the designee, beginning with the candidate who filed for 17 |
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| 58 | 58 | | office first and, if the candidates filed for office on the same date, the 18 |
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| 59 | 59 | | candidate who filed for office first in time; and 19 |
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| 60 | 60 | | (iii) Third, by members of the county board of 20 |
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| 61 | 61 | | election commissioners or persons designated by the county board of election 21 |
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| 62 | 62 | | commissioners if a candidate does not appear in person and does not designate 22 |
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| 63 | 63 | | a person to draw by lot on his or her behalf, with the order in which the 23 |
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| 64 | 64 | | members or persons draw by lot determined by the filing date and time of each 24 |
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| 65 | 65 | | candidate who does not appear in person or appoint a designee, beginning with 25 |
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| 66 | 66 | | the candidate who filed for office first and, if the candidates filed for 26 |
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| 67 | 67 | | office on the same date, the candidate who filed for office first in time. 27 |
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| 68 | 68 | | (2) Notice of the public meeting under subdivision (c)(1)(A) of 28 |
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| 69 | 69 | | this section shall be given by publication in a newspaper of general 29 |
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| 70 | 70 | | circulation in the county at least three (3) days before the drawing. 30 |
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| 71 | 71 | | (3) For runoff elections, the ballot order for eligible 31 |
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| 72 | 72 | | candidates shall be the same as for the previous election leading to the 32 |
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| 73 | 73 | | runoff. 33 |
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| 74 | 74 | | 34 |
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| 75 | 75 | | 35 |
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| 76 | 76 | | 36 |
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