6 | 4 | | 95th General Assembly A Bill 2 |
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7 | 5 | | Regular Session, 2025 HOUSE BILL 1555 3 |
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8 | 6 | | 4 |
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9 | 7 | | By: Representative Painter 5 |
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10 | 8 | | By: Senator Hester 6 |
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11 | 9 | | 7 |
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12 | 10 | | For An Act To Be Entitled 8 |
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13 | 11 | | AN ACT TO ESTABLISH UNIFORM PROCEDURES FOR FILLING A 9 |
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14 | 12 | | VACANCY IN A MUNICIPAL OFFICE; AND FOR OTHER 10 |
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15 | 13 | | PURPOSES. 11 |
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16 | 14 | | 12 |
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17 | 15 | | 13 |
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18 | 16 | | Subtitle 14 |
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19 | 17 | | TO ESTABLISH UNIFORM PROCEDURES FOR 15 |
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20 | 18 | | FILLING A VACANCY IN A MUNICIPAL OFFICE. 16 |
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21 | 19 | | 17 |
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22 | 20 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18 |
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23 | 21 | | 19 |
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24 | 22 | | SECTION 1. Arkansas Code § 14 -42-103 is amended to read as follows: 20 |
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25 | 23 | | 14-42-103. Vacancies in municipal offices generally. 21 |
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26 | 24 | | (a)(1) Vacancies in municipal offices that are authorized by state law 22 |
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27 | 25 | | to be filled by appointment by the city or town governing body require a 23 |
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28 | 26 | | majority vote of the remaining members of the governing body. 24 |
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29 | 27 | | (2) However, a majority of a quorum of the whole number of the 25 |
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30 | 28 | | governing body is required to fill the vacancy. 26 |
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31 | 29 | | (b)(1) The governing body may appoint any qualified elector, including 27 |
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32 | 30 | | members of a governing body, to fill the vacancy. 28 |
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33 | 31 | | (2) However, a member of the governing body shall not vote on 29 |
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34 | 32 | | his or her own appointment. 30 |
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35 | 33 | | (c) This section does not apply to circumstances prescribed under § 31 |
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36 | 34 | | 14-43-501(a) or § 14-43-411(a) A vacancy of a municipal office in a 32 |
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37 | 35 | | municipality, regardless of the classification or form of government of the 33 |
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38 | 36 | | municipality, shall be filled according to one (1) of the following methods: 34 |
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39 | 37 | | (1)(A) At the first council meeting after the declaration of the 35 |
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47 | | - | (B)(i) Except as otherwise provided under subdivision 3 |
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48 | | - | (a)(1)(B)(ii) of this section, if a vacancy is filled under subdivision 4 |
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49 | | - | (a)(1)(A) of this section, a majority of the remaining members of the 5 |
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50 | | - | governing body of the municipality shall fill the vacancy and the governing 6 |
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51 | | - | body of the municipality may appoint any qualified elector of the 7 |
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52 | | - | municipality. 8 |
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53 | | - | (ii) A member of the governing body of the 9 |
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54 | | - | municipality shall not be appointed to fill a vacancy under this section in 10 |
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55 | | - | municipalities with a population of fifty thousand (50,000) or more; or 11 |
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56 | | - | (2)(A) At the first council meeting after the declaration of the 12 |
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57 | | - | vacancy, the governing body of the municipality shall call a special election 13 |
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58 | | - | to be held at the next special election date under § 7 -11-101 et seq. to fill 14 |
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59 | | - | the vacant position for the remainder of the term. 15 |
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60 | | - | (B)(i) If the governing body of a municipality calls for a 16 |
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61 | | - | special election to fill the vacancy under subdivision (a)(2)(A) of this 17 |
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62 | | - | section, the governing body may appoint a qualified elector of the 18 |
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63 | | - | muncipality to serve in the office until the office is filled at the special 19 |
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64 | | - | election. 20 |
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65 | | - | (ii) A member of the governing body of the 21 |
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66 | | - | municipality may be appointed under subdivision (a)(2)(B)(i) of this section 22 |
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67 | | - | to serve in the office until the vacancy is filled at a special election. 23 |
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68 | | - | (b) For a vacancy filled under subsection (a) of this section in a 24 |
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69 | | - | municipality having a mayor, the appointment is not subject to veto by the 25 |
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70 | | - | mayor. 26 |
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71 | | - | 27 |
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72 | | - | SECTION 2. Arkansas Code § 14 -43-304(d), concerning mayors in a city 28 |
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73 | | - | having a mayor-council form of government, is amended to read as follows: 29 |
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74 | | - | (d) If a vacancy occurs in the office of mayor of a city described in 30 |
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75 | | - | this section and the unexpired term is more than one (1) year, the vacancy 31 |
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76 | | - | shall be filled by a special election and special runoff election, if 32 |
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77 | | - | necessary, as provided in subsection (c) of this section under § 14-42-103. 33 |
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78 | | - | 34 |
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79 | | - | SECTION 3. Arkansas Code § 14 -43-310 is amended to read as follows: 35 |
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80 | | - | 14-43-310. Council member ceasing to reside in ward. 36 As Engrossed: S3/31/25 S4/9/25 HB1555 |
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| 43 | + | (B) If a vacancy is filled under subdivision (a)(1)(A) of 3 |
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| 44 | + | this section, a majority of a quorum of the whole number of the governing 4 |
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| 45 | + | body of the municipality shall fill the vacancy and the governing body of the 5 |
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| 46 | + | municipality may appoint any qualified elector of the municipality, including 6 |
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| 47 | + | without limitation members of the governing body of the municipality, 7 |
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| 48 | + | provided that a member of the governing body of the municipality shall not 8 |
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| 49 | + | vote on his or her own appointment ; or 9 |
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| 50 | + | (2)(A) At the first council meeting after the declaration of the 10 |
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| 51 | + | vacancy, the governing body of the municipality shall call a special election 11 |
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| 52 | + | to be held at the next special election date under § 7 -11-101 et seq. to fill 12 |
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| 53 | + | the vacant position for the remainder of the term. 13 |
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| 54 | + | (B) If the governing body of a municipality calls for a 14 |
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| 55 | + | special election to fill the vacancy under subdivision (a)(2)(A) of this 15 |
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| 56 | + | section, the governing body may appoint a qualified elector of the 16 |
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| 57 | + | municipality, including without limitation a member of the governing body of 17 |
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| 58 | + | the municipality, to serve in the office until the office is filled at the 18 |
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| 59 | + | special election. 19 |
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| 60 | + | (b) For a vacancy filled under subsection (a) of this section in a 20 |
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| 61 | + | municipality having a mayor, the appointment is not subject to veto by the 21 |
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| 62 | + | mayor. 22 |
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| 63 | + | 23 |
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| 64 | + | SECTION 2. Arkansas Code § 14 -43-304(d), concerning mayors in a city 24 |
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| 65 | + | having a mayor-council form of government, is amended to read as follows: 25 |
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| 66 | + | (d) If a vacancy occurs in the office of mayor of a city described in 26 |
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| 67 | + | this section and the unexpired term is more than one (1) year, the vacancy 27 |
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| 68 | + | shall be filled by a special election and special runoff election, if 28 |
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| 69 | + | necessary, as provided in subsection (c) of this section under § 14-42-103. 29 |
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| 70 | + | 30 |
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| 71 | + | SECTION 3. Arkansas Code § 14 -43-310 is amended to read as follows: 31 |
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| 72 | + | 14-43-310. Council member ceasing to reside in ward. 32 |
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| 73 | + | If any duly elected council member shall cease to reside in the ward 33 |
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| 74 | + | from which he or she was elected, that person shall be disqualified to hold 34 |
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| 75 | + | the office and a vacancy shall exist which shall be filled as prescribed by 35 |
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| 76 | + | law under § 14-42-103. 36 HB1555 |
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| 78 | + | 3 02/21/2025 11:25:06 AM SSS175 |
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| 79 | + | 1 |
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| 80 | + | SECTION 4. Arkansas Code § 14-43-401(b), concerning the office of 2 |
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| 81 | + | mayor generally in a city of the first class, is amended to read as follows: 3 |
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| 82 | + | (b)(1)(A) In case of the mayor's death, disability, resignation, or 4 |
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| 83 | + | other vacation of his or her office, the city council, by vote of a majority 5 |
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| 84 | + | of all its members, may appoint some other person to act until the expiration 6 |
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| 85 | + | of his or her term or disability if the unexpired term of his or her office 7 |
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| 86 | + | is less than one (1) year. Otherwise, an election shall be ordered in 8 |
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| 87 | + | accordance with the laws of the state vacancy shall be filled under § 14 -42-9 |
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| 88 | + | 103. 10 |
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| 89 | + | (B)(2) A removal from the city shall be deemed a vacation 11 |
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| 90 | + | of his or her office. 12 |
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| 91 | + | (2)(A) In all cases in which the unexpired term has one (1) year 13 |
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| 92 | + | or more to run and a special election has been called to fill the vacancy in 14 |
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| 93 | + | the office of mayor, the city governing body may appoint a qualified elector 15 |
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| 94 | + | of the city, including any member of the city council, to serve as acting 16 |
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| 95 | + | mayor until the office is filled at the special election. 17 |
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| 96 | + | (B) A member of the council shall not vote on his or her 18 |
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| 97 | + | own appointment. 19 |
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| 98 | + | 20 |
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| 99 | + | SECTION 5. Arkansas Code § 14 -43-411 is amended to read as follows: 21 |
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| 100 | + | 14-43-411. Council member vacancy in mayor -council form of government. 22 |
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| 101 | + | (a)(1)(A) Whenever a vacancy occurs in the office of council member in 23 |
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| 102 | + | a city of the first class having a population of less than twenty thousand 24 |
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| 103 | + | (20,000) according to the most recent federal decennial census, at the first 25 |
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| 104 | + | regular meeting after the occurrence of the vacancy, the city council shall 26 |
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| 105 | + | proceed to elect by a majority vote of the remaining members elected to the 27 |
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| 106 | + | council a council member to serve for the unexpired term vacancy shall be 28 |
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| 107 | + | filled under § 14-42-103. 29 |
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| 108 | + | (B)(i) However, at least a quorum of the whole number of 30 |
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| 109 | + | the city council shall remain in order to fill a vacancy. 31 |
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| 110 | + | (ii) The election by the remaining members of the 32 |
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| 111 | + | city council is not subject to veto by the mayor. 33 |
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| 112 | + | (2) The person elected by the council shall be a resident of the 34 |
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| 113 | + | ward where the vacancy occurs at the time of the vacancy. 35 |
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| 114 | + | (b) When a vacancy occurs in any position of council member in a city 36 HB1555 |
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| 116 | + | 4 02/21/2025 11:25:06 AM SSS175 |
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| 117 | + | having a population of twenty thousand (20,000) or more according to the most 1 |
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| 118 | + | recent federal decennial census, a new council member shall be chosen in the 2 |
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| 119 | + | following manner: 3 |
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| 120 | + | (1) If the unexpired portion of the term of a council member 4 |
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| 121 | + | exceeds one (1) year, at the first regular meeting after the occurrence of 5 |
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| 122 | + | the vacancy, the city council shall proceed to either elect by a majority 6 |
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| 123 | + | vote of the remaining members elected to the council a council member to 7 |
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| 124 | + | serve for the unexpired term or call for a special election to be held in 8 |
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| 125 | + | accordance with § 7-11-101 to fill the vacancy; or 9 |
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| 126 | + | (2) If the unexpired portion of the term of a council member is 10 |
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| 127 | + | one (1) year or less, a successor shall be chosen by a majority vote of the 11 |
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| 128 | + | members of the council the vacancy shall be filled under § 14 -42-103. 12 |
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| 129 | + | 13 |
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| 130 | + | SECTION 6. Arkansas Code § 14 -43-412 is amended to read as follows: 14 |
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| 131 | + | 14-43-412. Vacancies in other elected offices. 15 |
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| 132 | + | (a) In case any office of an elected officer, except council members 16 |
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| 133 | + | of the ward, becomes vacant before the expiration of the regular term, then 17 |
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| 134 | + | the vacancy shall be filled by the city council until a successor is duly 18 |
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| 135 | + | elected and qualified. 19 |
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| 136 | + | (b) The successor shall be elected for the unexpired term at the first 20 |
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| 137 | + | general election that occurs after the vacancy has happened under § 14-42-21 |
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| 138 | + | 103. 22 |
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| 139 | + | 23 |
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| 140 | + | SECTION 7. Arkansas Code § 14 -44-103(b)(2), concerning the filling of 24 |
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| 141 | + | vacancies for council members in a city of the second class, is amended to 25 |
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| 142 | + | read as follows: 26 |
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| 143 | + | (2) If any duly elected council member shall cease to reside in 27 |
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| 144 | + | the ward from which he or she was elected, that person shall be disqualified 28 |
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| 145 | + | to hold the office and a vacancy shall exist, which shall be filled as 29 |
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| 146 | + | prescribed by law under § 14-42-103. 30 |
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| 147 | + | 31 |
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| 148 | + | SECTION 8. Arkansas Code § 14 -44-104 is amended to read as follows: 32 |
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| 149 | + | 14-44-104. Vacancy in council member's office. 33 |
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| 150 | + | (a) If a vacancy occurs in the office of council member in any city of 34 |
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| 151 | + | the second class, at the first regular meeting after the occurrence of the 35 |
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| 152 | + | vacancy, the city council shall proceed to elect, by a majority vote of the 36 HB1555 |
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90 | | - | SECTION 4. Arkansas Code § 14 -43-401(b), concerning the office of 6 |
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91 | | - | mayor generally in a city of the first class, is amended to read as follows: 7 |
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92 | | - | (b)(1)(A) In case of the mayor's death, disability, resignation, or 8 |
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93 | | - | other vacation of his or her office, the city council, by vote of a majority 9 |
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94 | | - | of all its members, may appoint some other person to act until the expiration 10 |
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95 | | - | of his or her term or disability if the unexpired term of his or her office 11 |
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96 | | - | is less than one (1) year. Otherwise, an election shall be ordered in 12 |
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97 | | - | accordance with the laws of the state vacancy shall be filled under § 14 -42-13 |
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98 | | - | 103. 14 |
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99 | | - | (B)(2) A removal from the city shall be deemed a vacation 15 |
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100 | | - | of his or her office. 16 |
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101 | | - | (2)(A) In all cases in which the unexpired term has one (1) year 17 |
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102 | | - | or more to run and a special election has been called to fill the vacancy in 18 |
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103 | | - | the office of mayor, the city governing body may appoint a qualified elector 19 |
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104 | | - | of the city, including any member of the city council, to serve as acting 20 |
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105 | | - | mayor until the office is filled at the special election. 21 |
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106 | | - | (B) A member of the council shall not vote on his or her 22 |
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107 | | - | own appointment. 23 |
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108 | | - | 24 |
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109 | | - | SECTION 5. Arkansas Code § 14 -43-411 is amended to read as follows: 25 |
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110 | | - | 14-43-411. Council member vacancy in mayor -council form of government. 26 |
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111 | | - | (a)(1)(A) Whenever a vacancy occurs in the office of council member in 27 |
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112 | | - | a city of the first class having a population of less than twenty thousand 28 |
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113 | | - | (20,000) according to the most recent federal decennial census, at the first 29 |
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114 | | - | regular meeting after the occurrence of the vacancy, the city council shall 30 |
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115 | | - | proceed to elect by a majority vote of the remaining members elected to the 31 |
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116 | | - | council a council member to serve for the unexpired term vacancy shall be 32 |
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117 | | - | filled under § 14-42-103. 33 |
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118 | | - | (B)(i) However, at least a quorum of the whole number of 34 |
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119 | | - | the city council shall remain in order to fill a vacancy. 35 |
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120 | | - | (ii) The election by the remaining members of the 36 As Engrossed: S3/31/25 S4/9/25 HB1555 |
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| 160 | + | SECTION 9. Arkansas Code § 14 -44-106 is amended to read as follows: 6 |
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| 161 | + | 14-44-106. Vacancy in office. 7 |
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| 162 | + | If a vacancy occurs in the office of mayor, marshal, recorder, 8 |
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| 163 | + | treasurer, or recorder -treasurer in any city of the second class, at the 9 |
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| 164 | + | first regular meeting after the occurrence of the vacancy the city council 10 |
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| 165 | + | shall proceed to elect a person to fill the vacancy either by a majority vote 11 |
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| 166 | + | of the council members or by a call for a special election to be held in 12 |
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| 167 | + | accordance with § 7-11-101 et seq under § 14-42-103. 13 |
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| 168 | + | 14 |
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| 169 | + | SECTION 10. Arkansas Code § 14 -45-103 is amended to read as follows: 15 |
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| 170 | + | 14-45-103. Vacancies. 16 |
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| 171 | + | (a) When a vacancy occurs in the office of council member in an 17 |
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| 172 | + | incorporated town, at the first regular meeting after the occurrence of the 18 |
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| 173 | + | vacancy, the town council shall elect by a majority vote of the town council 19 |
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| 174 | + | a council member to serve for the unexpired term the vacancy shall be filled 20 |
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| 175 | + | under § 14-42-103. 21 |
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| 176 | + | (b) When a vacancy occurs in the office of recorder -treasurer in an 22 |
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| 177 | + | incorporated town, at the first regular meeting after the occurrence of the 23 |
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| 178 | + | vacancy, the town council shall elect by a majority vote of the town council 24 |
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| 179 | + | a recorder-treasurer to serve for the unexpired term the vacancy shall be 25 |
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| 180 | + | filled under § 14-42-103. 26 |
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| 181 | + | (c) When a vacancy occurs in the office of mayor in an incorporated 27 |
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| 182 | + | town, at the first regular meeting after the occurrence of the vacancy, the 28 |
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| 183 | + | town council shall: 29 |
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| 184 | + | (1) Elect by a majority vote of the council members a mayor to 30 |
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| 185 | + | serve the unexpired term; or 31 |
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| 186 | + | (2)(A) Call for a special election to be held under § 7 -11-101 32 |
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| 187 | + | et seq. to fill the vacancy. 33 |
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| 188 | + | (B) At the special election, a mayor shall be elected to 34 |
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| 189 | + | complete the unexpired term the vacancy shall be filled under § 14 -42-103. 35 |
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| 190 | + | (d) When a vacancy occurs in the office of marshal in an incorporated 36 HB1555 |
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| 193 | + | town and the marshal was elected under § 14 -45-109, at the first regular 1 |
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| 194 | + | meeting after the occurrence of the vacancy the town council shall elect by a 2 |
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| 195 | + | majority vote of the town council a marshal to serve for the unexpired term 3 |
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| 196 | + | vacancy shall be filled under § 14 -42-103. 4 |
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| 197 | + | 5 |
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| 198 | + | SECTION 11. Arkansas Code § 14 -47-113 is amended to read as follows: 6 |
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| 199 | + | 14-47-113. Director Mayor or director vacancy. 7 |
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| 200 | + | Whenever a vacancy shall occur by any reason in the office of a 8 |
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| 201 | + | director, the board of directors shall elect a person by majority vote to 9 |
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| 202 | + | fill the vacancy and serve for the unexpired term thereof If a vacancy occurs 10 |
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| 203 | + | in the office of mayor or the office of a member of the board of directors, 11 |
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| 204 | + | the board of directors shall fill the vacancy under § 14 -42-103 at the first 12 |
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| 205 | + | regular meeting after the vacancy occurs . 13 |
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| 206 | + | 14 |
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| 207 | + | SECTION 12. Arkansas Code § 14 -47-117(b)(2)(A), concerning a vacancy 15 |
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| 208 | + | in the office of assistant mayor in a city manager form of government, is 16 |
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| 209 | + | amended to read as follows: 17 |
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| 210 | + | (2)(A) If a vacancy in the office of mayor occurs, the assistant 18 |
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| 211 | + | mayor shall perform the duties of mayor until a successor mayor is elected or 19 |
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| 212 | + | appointed under § 14 -42-103. 20 |
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| 213 | + | 21 |
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| 214 | + | SECTION 13. Arkansas Code § 14 -47-117(b)(2)(B)(i), concerning a 22 |
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| 215 | + | vacancy in the office of assistant mayor in a city manager form of 23 |
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| 216 | + | government, is amended to read as follows: 24 |
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| 217 | + | (B)(i) If the mayor shall be continuously absent or 25 |
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| 218 | + | disabled for more than six (6) months, his or her office will automatically 26 |
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| 219 | + | become vacant and a successor mayor shall be elected or appointed under § 14 -27 |
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| 220 | + | 42-103. 28 |
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| 221 | + | 29 |
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| 222 | + | SECTION 14. Arkansas Code § 14 -48-112(b)(2)(A), concerning a vacancy 30 |
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| 223 | + | in the office of assistant mayor or vice mayor in a city administrator form 31 |
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| 224 | + | of government, is amended to read as follows: 32 |
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| 225 | + | (2)(A) If a vacancy in the office of mayor occurs, the assistant 33 |
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| 226 | + | mayor or vice mayor shall perform the duties of mayor until a successor mayor 34 |
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| 227 | + | is elected or appointed under § 14 -42-103. 35 |
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| 228 | + | 36 HB1555 |
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124 | | - | |
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125 | | - | city council is not subject to veto by the mayor. 1 |
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126 | | - | (2) The person elected by the council shall be a resident of the 2 |
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127 | | - | ward where the vacancy occurs at the time of the vacancy. 3 |
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128 | | - | (b) When a vacancy occurs in any position of council member in a city 4 |
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129 | | - | having a population of twenty thousand (20,000) or more according to the most 5 |
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130 | | - | recent federal decennial census, a new council member shall be chosen in the 6 |
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131 | | - | following manner: 7 |
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132 | | - | (1) If the unexpired portion of the term of a council member 8 |
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133 | | - | exceeds one (1) year, at the first regular meeting after the occurrence of 9 |
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134 | | - | the vacancy, the city council shall proceed to either elect by a majority 10 |
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135 | | - | vote of the remaining members elected to the council a council member to 11 |
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136 | | - | serve for the unexpired term or call for a special election to be held in 12 |
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137 | | - | accordance with § 7-11-101 to fill the vacancy; or 13 |
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138 | | - | (2) If the unexpired portion of the term of a council member is 14 |
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139 | | - | one (1) year or less, a successor shall be chosen by a majority vote of the 15 |
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140 | | - | members of the council the vacancy shall be filled under § 14 -42-103. 16 |
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| 231 | + | SECTION 15. Arkansas Code § 14 -48-112(b)(2)(B)(i), concerning a 1 |
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| 232 | + | vacancy in the office of assistant mayor or vice mayor in a city 2 |
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| 233 | + | administrator form of government, is amended to read as follows: 3 |
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| 234 | + | (B)(i) If the mayor is continuously absent or disabled for 4 |
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| 235 | + | more than six (6) months, his or her office will automatically become vacant, 5 |
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| 236 | + | and a successor mayor shall be elected or appointed under § 14 -42-103. 6 |
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| 237 | + | 7 |
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| 238 | + | SECTION 16. Arkansas Code § 14 -48-115 is amended to read as follows: 8 |
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| 239 | + | 14-48-115. Mayor or director vacancy. 9 |
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| 240 | + | In the case of a vacancy in the office of mayor or in the office of a 10 |
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| 241 | + | member of the board of directors, the board, at the first regular meeting 11 |
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| 242 | + | after the occurrence of the vacancy and by majority vote , shall appoint a 12 |
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| 243 | + | person or call for a special election to be held in accordance with § 7 -11-13 |
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| 244 | + | 101 et seq. to fill the vacancy for the remainder of the unexpired term fill 14 |
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| 245 | + | the vacancy under § 14 -42-103. 15 |
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| 246 | + | 16 |
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142 | | - | SECTION 6. Arkansas Code § 14 -43-412 is amended to read as follows: 18 |
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143 | | - | 14-43-412. Vacancies in other elected offices. 19 |
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144 | | - | (a) In case any office of an elected officer, except council members 20 |
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145 | | - | of the ward, becomes vacant before the expiration of the regular term, then 21 |
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146 | | - | the vacancy shall be filled by the city council until a successor is duly 22 |
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147 | | - | elected and qualified. 23 |
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148 | | - | (b) The successor shall be elected for the unexpired term at the first 24 |
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149 | | - | general election that occurs after the vacancy has happened under § 14-42-25 |
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150 | | - | 103. 26 |
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151 | | - | 27 |
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152 | | - | SECTION 7. Arkansas Code § 14 -44-103(b)(2), concerning the filling of 28 |
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153 | | - | vacancies for council members in a city of the second class, is amended to 29 |
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154 | | - | read as follows: 30 |
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155 | | - | (2) If any duly elected council member shall cease to reside in 31 |
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156 | | - | the ward from which he or she was elected, that person shall be disqualified 32 |
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157 | | - | to hold the office and a vacancy shall exist, which shall be filled as 33 |
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158 | | - | prescribed by law under § 14-42-103. 34 |
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159 | | - | 35 |
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160 | | - | SECTION 8. Arkansas Code § 14 -44-104 is amended to read as follows: 36 As Engrossed: S3/31/25 S4/9/25 HB1555 |
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161 | | - | |
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162 | | - | 5 04-09-2025 18:26:22 SSS175 |
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163 | | - | |
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164 | | - | |
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165 | | - | 14-44-104. Vacancy in council member's office. 1 |
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166 | | - | (a) If a vacancy occurs in the office of council member in any city of 2 |
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167 | | - | the second class, at the first regular meeting after the occurrence of the 3 |
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168 | | - | vacancy, the city council shall proceed to elect, by a majority vote of the 4 |
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169 | | - | council, a council member to serve for the unexpired term. 5 |
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170 | | - | (b) The election to fill the vacancy under subsection (a) of this 6 |
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171 | | - | section is not subject to veto by the mayor vacancy shall be filled under § 7 |
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172 | | - | 14-42-103. 8 |
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173 | | - | 9 |
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174 | | - | SECTION 9. Arkansas Code § 14 -44-106 is amended to read as follows: 10 |
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175 | | - | 14-44-106. Vacancy in office. 11 |
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176 | | - | If a vacancy occurs in the office of mayor, marshal, recorder, 12 |
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177 | | - | treasurer, or recorder -treasurer in any city of the second class, at the 13 |
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178 | | - | first regular meeting after the occurrence of the vacancy the city council 14 |
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179 | | - | shall proceed to elect a person to fill the vacancy either by a majority vote 15 |
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180 | | - | of the council members or by a call for a special election to be held in 16 |
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181 | | - | accordance with § 7-11-101 et seq under § 14-42-103. 17 |
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183 | | - | SECTION 10. Arkansas Code § 14 -45-103 is amended to read as follows: 19 |
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184 | | - | 14-45-103. Vacancies. 20 |
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185 | | - | (a) When a vacancy occurs in the office of council member in an 21 |
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186 | | - | incorporated town, at the first regular meeting after the occurrence of the 22 |
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187 | | - | vacancy, the town council shall elect by a majority vote of the town council 23 |
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188 | | - | a council member to serve for the unexpired term the vacancy shall be filled 24 |
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189 | | - | under § 14-42-103. 25 |
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190 | | - | (b) When a vacancy occurs in the office of recorder -treasurer in an 26 |
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191 | | - | incorporated town, at the first regular meeting after the occurrence of the 27 |
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192 | | - | vacancy, the town council shall elect by a majority vote of the town council 28 |
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193 | | - | a recorder-treasurer to serve for the unexpired term the vacancy shall be 29 |
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194 | | - | filled under § 14-42-103. 30 |
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195 | | - | (c) When a vacancy occurs in the office of mayor in an incorporated 31 |
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196 | | - | town, at the first regular meeting after the occurrence of the vacancy, the 32 |
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197 | | - | town council shall: 33 |
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198 | | - | (1) Elect by a majority vote of the council members a mayor to 34 |
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199 | | - | serve the unexpired term; or 35 |
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200 | | - | (2)(A) Call for a special election to be held under § 7 -11-101 36 As Engrossed: S3/31/25 S4/9/25 HB1555 |
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201 | | - | |
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202 | | - | 6 04-09-2025 18:26:22 SSS175 |
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203 | | - | |
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204 | | - | |
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205 | | - | et seq. to fill the vacancy. 1 |
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206 | | - | (B) At the special election, a mayor shall be elected to 2 |
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207 | | - | complete the unexpired term the vacancy shall be filled under § 14 -42-103. 3 |
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208 | | - | (d) When a vacancy occurs in the office of marshal in an incorporated 4 |
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209 | | - | town and the marshal was elected under § 14 -45-109, at the first regular 5 |
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210 | | - | meeting after the occurrence of the vacancy the town council shall elect by a 6 |
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211 | | - | majority vote of the town council a marshal to serve for the unexpired term 7 |
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212 | | - | vacancy shall be filled under § 14 -42-103. 8 |
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213 | | - | 9 |
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214 | | - | SECTION 11. Arkansas Code § 14 -47-113 is amended to read as follows: 10 |
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215 | | - | 14-47-113. Director Mayor or director vacancy. 11 |
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216 | | - | Whenever a vacancy shall occur by any reason in the office of a 12 |
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217 | | - | director, the board of directors shall elect a person by majority vote to 13 |
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218 | | - | fill the vacancy and serve for the unexpired term thereof If a vacancy occurs 14 |
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219 | | - | in the office of mayor or the office of a member of the board of directors, 15 |
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220 | | - | the board of directors shall fill the vacancy under § 14 -42-103 at the first 16 |
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221 | | - | regular meeting after the vacancy occurs . 17 |
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222 | | - | 18 |
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223 | | - | SECTION 12. Arkansas Code § 14 -47-117(b)(2)(A), concerning a vacancy 19 |
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224 | | - | in the office of assistant mayor in a city manager form of government, is 20 |
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225 | | - | amended to read as follows: 21 |
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226 | | - | (2)(A) If a vacancy in the office of mayor occurs, the assistant 22 |
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227 | | - | mayor shall perform the duties of mayor until a successor mayor is elected or 23 |
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228 | | - | appointed under § 14 -42-103. 24 |
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229 | | - | 25 |
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230 | | - | SECTION 13. Arkansas Code § 14 -47-117(b)(2)(B)(i), concerning a 26 |
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231 | | - | vacancy in the office of assistant mayor in a city manager form of 27 |
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232 | | - | government, is amended to read as follows: 28 |
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233 | | - | (B)(i) If the mayor shall be continuously absent or 29 |
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234 | | - | disabled for more than six (6) months, his or her office will automatically 30 |
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235 | | - | become vacant and a successor mayor shall be elected or appointed under § 14 -31 |
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236 | | - | 42-103. 32 |
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237 | | - | 33 |
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238 | | - | SECTION 14. Arkansas Code § 14 -48-112(b)(2)(A), concerning a vacancy 34 |
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239 | | - | in the office of assistant mayor or vice mayor in a city administrator form 35 |
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240 | | - | of government, is amended to read as follows: 36 As Engrossed: S3/31/25 S4/9/25 HB1555 |
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241 | | - | |
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242 | | - | 7 04-09-2025 18:26:22 SSS175 |
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243 | | - | |
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244 | | - | |
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245 | | - | (2)(A) If a vacancy in the office of mayor occurs, the assistant 1 |
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246 | | - | mayor or vice mayor shall perform the duties of mayor until a successor mayor 2 |
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247 | | - | is elected or appointed under § 14 -42-103. 3 |
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248 | | - | 4 |
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249 | | - | SECTION 15. Arkansas Code § 14 -48-112(b)(2)(B)(i), concerning a 5 |
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250 | | - | vacancy in the office of assistant mayor or vice mayor in a city 6 |
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251 | | - | administrator form of government, is amended to read as follows: 7 |
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252 | | - | (B)(i) If the mayor is continuously absent or disabled for 8 |
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253 | | - | more than six (6) months, his or her office will automatically become vacant, 9 |
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254 | | - | and a successor mayor shall be elected or appointed under § 14 -42-103. 10 |
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255 | | - | 11 |
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256 | | - | SECTION 16. Arkansas Code § 14 -48-115 is amended to read as follows: 12 |
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257 | | - | 14-48-115. Mayor or director vacancy. 13 |
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258 | | - | In the case of a vacancy in the office of mayor or in the office of a 14 |
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259 | | - | member of the board of directors, the board, at the first regular meeting 15 |
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260 | | - | after the occurrence of the vacancy and by majority vote , shall appoint a 16 |
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261 | | - | person or call for a special election to be held in accordance with § 7 -11-17 |
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262 | | - | 101 et seq. to fill the vacancy for the remainder of the unexpired term fill 18 |
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263 | | - | the vacancy under § 14 -42-103. 19 |
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| 249 | + | 19 |
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