45 | | - | (2) If at the expiration of the holdover term a person is not 1 |
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46 | | - | elected to fill the position at the annual school board election or the 2 |
---|
47 | | - | person elected fails to subscribe to the director's oath of office within the 3 |
---|
48 | | - | time provided under § 6 -13-617(a)(1), the position is vacant and the school 4 |
---|
49 | | - | district board of directors shall fill the vacancy shall be filled as 5 |
---|
50 | | - | provided under § 6-13-611. 6 |
---|
51 | | - | (d)(1) An entire school district board of directors is required to be 7 |
---|
52 | | - | elected during the first school board election after a school district: 8 |
---|
53 | | - | (A) Changes from an all at -large or combined at-large and 9 |
---|
54 | | - | zoned membership and is zoned to an all zoned or combined at-large and zoned 10 |
---|
55 | | - | membership; 11 |
---|
56 | | - | (B) Is rezoned following the federal decennial census; 12 |
---|
57 | | - | (C) Returns from state to local control; 13 |
---|
58 | | - | (D) Has boundary or zone changes as a result of 14 |
---|
59 | | - | annexation, consolidation, or reconstruction; 15 |
---|
60 | | - | (E) Has fallen below the average daily membership 16 |
---|
61 | | - | requirement under § 6 -13-634(a); or 17 |
---|
62 | | - | (F) Is no longer operating under a court ordered exemption 18 |
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63 | | - | to § 6-13-634(b). 19 |
---|
64 | | - | (2) School board members shall initially draw lots for two -year 20 |
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65 | | - | or four-year terms in districts with four -year terms or two-year, four-year, 21 |
---|
66 | | - | or six-year terms in districts with six -year terms so that, as nearly as 22 |
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67 | | - | possible, an equal number of positions are filled in each subsequent school 23 |
---|
68 | | - | board election no longer than: 24 |
---|
69 | | - | (A) Two (2) school board elections for those with four -25 |
---|
70 | | - | year terms; or 26 |
---|
71 | | - | (B) Three (3) school board elections for those with six -27 |
---|
72 | | - | year terms. 28 |
---|
73 | | - | (3) Initially, terms for members elected in 2025 shall expire: 29 |
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74 | | - | (A) For school boards adopting four -year terms in 2028; or 30 |
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75 | | - | (B) For school boards adopting six -year terms in 2030. 31 |
---|
76 | | - | (4) For other members of a school district board of directors 32 |
---|
77 | | - | currently holding terms, terms set to expire on or in: 33 |
---|
78 | | - | (A) 2026 shall expire in 2026; 34 |
---|
79 | | - | (B) 2027 shall expire in 2026; 35 |
---|
80 | | - | (C) 2028 shall expire in 2028; and 36 As Engrossed: H3/19/25 S4/1/25 HB1724 |
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| 116 | + | 4 03/10/2025 9:23:46 AM SSS099 |
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| 117 | + | (A) Reduce the number of polling places; 1 |
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| 118 | + | (B) Open no polling places on election day so that the 2 |
---|
| 119 | + | election can be conducted by absentee ballot and early voting only; or 3 |
---|
| 120 | + | (C)(i) Declare an election by candidate to be held; 4 |
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| 121 | + | (ii) Open no polling places; and 5 |
---|
| 122 | + | (iii) Allow the candidate to cast a ballot for 6 |
---|
| 123 | + | himself or herself at a designated time and location on election day or 7 |
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| 124 | + | during the period that would otherwise be designated for early voting. 8 |
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| 125 | + | 9 |
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| 126 | + | SECTION 7. Arkansas Code § 6 -14-102, concerning the annual school 10 |
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| 127 | + | election date and special school elections, is amended to add an additional 11 |
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| 128 | + | subsection to read as follows: 12 |
---|
| 129 | + | (d) The election of a school district board of directors not elected 13 |
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| 130 | + | entirely during the same election shall be held in each public school 14 |
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| 131 | + | district of this state on the date of the preferential primary election. 15 |
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| 132 | + | 16 |
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| 133 | + | SECTION 8. Arkansas Code § 6 -14-111(a), concerning the candidate 17 |
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| 134 | + | filing procedures, is amended to read as follows: 18 |
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| 135 | + | (a)(1) All candidate filings under this subchapter shall be with the 19 |
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| 136 | + | county clerk of the county in which the school district is domiciled for 20 |
---|
| 137 | + | administrative purposes. 21 |
---|
| 138 | + | (2) A district school board member shall be elected at the 22 |
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| 139 | + | preferential primary election. 23 |
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| 140 | + | (2)(A)(i) (3)(A)(i) In a special school election or an annual 24 |
---|
| 141 | + | school election not held with the preferential primary or general election, 25 |
---|
| 142 | + | all actions required of county boards of election commissioners shall be 26 |
---|
| 143 | + | performed by the county board of election commissioners of the county in 27 |
---|
| 144 | + | which the school district is domiciled for administrative purposes. 28 |
---|
| 145 | + | (ii) However, if one of that school district's 29 |
---|
| 146 | + | nondomicile counties is holding a special election on the same date as a 30 |
---|
| 147 | + | school election and at least one (1) qualified elector in the county is 31 |
---|
| 148 | + | eligible to vote in both the special election and the school election, each 32 |
---|
| 149 | + | county in which the school district has territory shall conduct the school 33 |
---|
| 150 | + | district's school election as if it were held with the preferential primary 34 |
---|
| 151 | + | or general election. 35 |
---|
| 152 | + | (B) When a county clerk of a school district's nondomicile 36 HB1724 |
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85 | | - | (D) 2029 shall expire in 2028. 1 |
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86 | | - | (5) If after rebalancing terms, there is not, as nearly as 2 |
---|
87 | | - | possible, an equal number of positions filled every school board election, 3 |
---|
88 | | - | the school district board of directors shall adjust the minimum number of 4 |
---|
89 | | - | terms necessary to ensure balance between those terms expiring in 2026 and 5 |
---|
90 | | - | 2028. 6 |
---|
91 | | - | SECTION 2. Arkansas Code § 6 -13-611(e), concerning vacancies generally 7 |
---|
92 | | - | of a school district board of directors, is amended to read as follows: 8 |
---|
93 | | - | (e)(1) An appointed director, except a director appointed to fill a 9 |
---|
94 | | - | vacancy under § 6-13-613, shall serve only until his or her elected successor 10 |
---|
95 | | - | subscribes to the director's oath of office under § 6 -13-617 to the next 11 |
---|
96 | | - | annual school election, at which time the electors shall select in the usual 12 |
---|
97 | | - | manner directors to serve the unexpired terms of the vacating directors. 13 |
---|
98 | | - | (2) If there is not an individual who has filed as a candidate 14 |
---|
99 | | - | to serve an unexpired term of a vacating director, the position shall be: 15 |
---|
100 | | - | (A) Deemed vacant; and 16 |
---|
101 | | - | (B) Filled in accordance with this section . 17 |
---|
102 | | - | SECTION 3. Arkansas Code § 6 -13-634(d), concerning the size of a 18 |
---|
103 | | - | school district board of directors, is amended to read as follows: 19 |
---|
104 | | - | (d) Any change in the number of directors serving on a school district 20 |
---|
105 | | - | board of directors under this section is effective upon the directors' taking 21 |
---|
106 | | - | office following the next regular annual school board election. 22 |
---|
107 | | - | 23 |
---|
108 | | - | SECTION 4. Arkansas Code § 6 -13-1415(e)(1)(B), concerning an interim 24 |
---|
109 | | - | school district board of directors following an involuntary consolidation or 25 |
---|
110 | | - | annexation, is amended to read as follows: 26 |
---|
111 | | - | (B) All the members of the permanent board of directors of 27 |
---|
112 | | - | the resulting district or receiving district are elected at -large, then the 28 |
---|
113 | | - | state board may stagger the terms of the interim board of directors, which 29 |
---|
114 | | - | shall be determined by lot so that no more than two (2) members' terms expire 30 |
---|
115 | | - | during any one (1) year , as nearly as possible, an equal number of positions 31 |
---|
116 | | - | are filled during each school board election . 32 |
---|
117 | | - | 33 |
---|
118 | | - | SECTION 5. Arkansas Code § 6 -14-102(a)(1)(B), concerning the annual 34 |
---|
119 | | - | school election date, is repealed. 35 |
---|
120 | | - | (B)(i) A school district shall adopt a policy setting 36 As Engrossed: H3/19/25 S4/1/25 HB1724 |
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121 | | - | |
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122 | | - | 4 04-01-2025 12:45:20 SSS099 |
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123 | | - | |
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124 | | - | |
---|
125 | | - | forth which election date under subdivision (a)(1)(A) of this section the 1 |
---|
126 | | - | school district chooses to hold the annual school election upon. 2 |
---|
127 | | - | (ii) At least one hundred (100) days before the 3 |
---|
128 | | - | first day of the respective candidate filing period set forth in § 6 -14-4 |
---|
129 | | - | 111(e)(1)(A), a school district shall provide a copy of the policy under 5 |
---|
130 | | - | subdivision (a)(1)(B)(i) of this section to: 6 |
---|
131 | | - | (a) The county board of election commissioners 7 |
---|
132 | | - | of the county in which the school district is domiciled for administrative 8 |
---|
133 | | - | purposes; and 9 |
---|
134 | | - | (b) The county clerk of each county within the 10 |
---|
135 | | - | school district's boundaries. 11 |
---|
136 | | - | (iii) If a school district fails to timely provide a 12 |
---|
137 | | - | copy of its most current policy to the county board of election commissioners 13 |
---|
138 | | - | and county clerks in accordance with subdivision (a)(1)(B)(ii) of this 14 |
---|
139 | | - | section, the school district shall be required to hold the school district's 15 |
---|
140 | | - | annual school election in accordance with the most recent policy the school 16 |
---|
141 | | - | district has provided to the county board of election commissioners and 17 |
---|
142 | | - | county clerks. 18 |
---|
143 | | - | 19 |
---|
144 | | - | SECTION 6. Arkansas Code § 6 -13-1417(a)(3), concerning the formation 20 |
---|
145 | | - | of a school district board of directors following an involuntary 21 |
---|
146 | | - | consolidation or annexation, is amended to read as follows: 22 |
---|
147 | | - | (3) At the first meeting of the permanent board of directors, 23 |
---|
148 | | - | the members shall determine the terms of the board of directors by lot so 24 |
---|
149 | | - | that not more than two (2) members' terms expire during any one (1) year , as 25 |
---|
150 | | - | nearly as possible, an equal number of positions are filled during each 26 |
---|
151 | | - | school board election . 27 |
---|
152 | | - | 28 |
---|
153 | | - | SECTION 7. Arkansas Code § 6 -14-102(c)(1), concerning the annual 29 |
---|
154 | | - | school election date and special school elections, is amended to read as 30 |
---|
155 | | - | follows: 31 |
---|
156 | | - | (c)(1) When the annual school election is not held at the same time as 32 |
---|
157 | | - | a preferential primary or general election, if no more than one (1) candidate 33 |
---|
158 | | - | for a school district director position presents a petition or notice as 34 |
---|
159 | | - | required by § 6-14-111 and if there are no other ballot issues to be 35 |
---|
160 | | - | submitted to school district electors for consideration, with the exception 36 As Engrossed: H3/19/25 S4/1/25 HB1724 |
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161 | | - | |
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162 | | - | 5 04-01-2025 12:45:20 SSS099 |
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163 | | - | |
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164 | | - | |
---|
165 | | - | of the local tax rate if that rate is not being changed or restructured, the 1 |
---|
166 | | - | board of directors of a school district, by resolution, may request the 2 |
---|
167 | | - | county board of election commissioners to: 3 |
---|
168 | | - | (A) Reduce the number of polling places; 4 |
---|
169 | | - | (B) Open no polling places on election day so that the 5 |
---|
170 | | - | election can be conducted by absentee ballot and early voting only; or 6 |
---|
171 | | - | (C)(i) Declare an election by candidate to be held; 7 |
---|
172 | | - | (ii) Open no polling places; and 8 |
---|
173 | | - | (iii) Allow the candidate to cast a ballot for 9 |
---|
174 | | - | himself or herself at a designated time and location on election day or 10 |
---|
175 | | - | during the period that would otherwise be designated for early voting. 11 |
---|
176 | | - | 12 |
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177 | | - | SECTION 8. Arkansas Code § 6-14-121(a)(1), concerning runoff 13 |
---|
178 | | - | elections, is amended to read as follows: 14 |
---|
179 | | - | (a)(1)(A) Whenever there are more than two (2) candidates for election 15 |
---|
180 | | - | to any position on a board of directors at any election held in this state 16 |
---|
181 | | - | and whenever no candidate for any school district position receives a 17 |
---|
182 | | - | majority of the votes cast for the office or whenever there is a tie vote, 18 |
---|
183 | | - | there shall be a runoff election held in the school district. 19 |
---|
184 | | - | (B) In the event of a runoff election, the current member 20 |
---|
185 | | - | of the position for which there is a runoff election shall serve as a 21 |
---|
186 | | - | holdover until the person elected in the runoff election receives 22 |
---|
187 | | - | certification of the administration of the oath under § 6 -13-617. 23 |
---|
188 | | - | 24 |
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189 | | - | SECTION 9. Arkansas Code § 6 -14-102(a)(1)(A), concerning the annual 25 |
---|
190 | | - | school election date and special school elections, is amended to read as 26 |
---|
191 | | - | follows: 27 |
---|
192 | | - | (a)(1)(A) The annual school election shall be held in each school 28 |
---|
193 | | - | district of the state: 29 |
---|
194 | | - | (i) In even-numbered years, on the date of the : 30 |
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195 | | - | (a) Preferential preferential primary election; or 31 |
---|
196 | | - | (b) General election ; and 32 |
---|
197 | | - | (ii) In odd-numbered years, on the : 33 |
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198 | | - | (a) Second Tuesday in November; or 34 |
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199 | | - | (b) Second first Tuesday in May after the first 35 |
---|
200 | | - | Monday in March. 36 As Engrossed: H3/19/25 S4/1/25 HB1724 |
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201 | | - | |
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202 | | - | 6 04-01-2025 12:45:20 SSS099 |
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203 | | - | |
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204 | | - | |
---|
205 | | - | SECTION 10. Arkansas Code § 6 -14-102, concerning the annual school 1 |
---|
206 | | - | election date and special school elections, is amended to add an additional 2 |
---|
207 | | - | subsection to read as follows: 3 |
---|
208 | | - | (d) The election of a school district board of directors not elected 4 |
---|
209 | | - | entirely during the same election shall be held in each public school 5 |
---|
210 | | - | district of this state on the date of the preferential primary election. 6 |
---|
211 | | - | 7 |
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212 | | - | SECTION 11. Arkansas Code § 6 -14-111(a), concerning the candidate 8 |
---|
213 | | - | filing procedures, is amended to read as follows: 9 |
---|
214 | | - | (a)(1) All candidate filings under this subchapter shall be with the 10 |
---|
215 | | - | county clerk of the county in which the school district is domiciled for 11 |
---|
216 | | - | administrative purposes. 12 |
---|
217 | | - | (2) A district school board member shall be elected at the 13 |
---|
218 | | - | preferential primary election. 14 |
---|
219 | | - | (2)(A)(i) (3)(A)(i) In a special school election or an annual 15 |
---|
220 | | - | school election not held with the preferential primary or general election, 16 |
---|
221 | | - | all actions required of county boards of election commissioners shall be 17 |
---|
222 | | - | performed by the county board of election commissioners of the county in 18 |
---|
223 | | - | which the school district is domiciled for administrative purposes. 19 |
---|
224 | | - | (ii) However, if one of that school district's 20 |
---|
225 | | - | nondomicile counties is holding a special election on the same date as a 21 |
---|
226 | | - | school election and at least one (1) qualified elector in the county is 22 |
---|
227 | | - | eligible to vote in both the special election and the school election, each 23 |
---|
228 | | - | county in which the school district has territory shall conduct the school 24 |
---|
229 | | - | district's school election as if it were held with the preferential primary 25 |
---|
230 | | - | or general election. 26 |
---|
231 | | - | (B) When a county clerk of a school district's nondomicile 27 |
---|
232 | | - | county becomes aware that a special election will be held on the same date as 28 |
---|
233 | | - | a school district's annual or special school election and at least one (1) 29 |
---|
234 | | - | qualified elector in the county is eligible to vote in both the special 30 |
---|
235 | | - | election and the school election, the county clerk of the nondomicile county 31 |
---|
236 | | - | shall immediately notify the county clerk of the county in which the school 32 |
---|
237 | | - | district is domiciled for administrative purposes in writing that the school 33 |
---|
238 | | - | district's school election shall be conducted under subdivision (a)(3)(a)(4) 34 |
---|
239 | | - | of this section. 35 |
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240 | | - | (C) The county clerk of the county in which the school 36 As Engrossed: H3/19/25 S4/1/25 HB1724 |
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241 | | - | |
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242 | | - | 7 04-01-2025 12:45:20 SSS099 |
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243 | | - | |
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244 | | - | |
---|
245 | | - | district is domiciled for administrative purposes shall then immediately 1 |
---|
246 | | - | notify the county clerks of any other nondomicile counties that the school 2 |
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247 | | - | district's election will be conducted under subdivision (a)(3)(a)(4) of this 3 |
---|
248 | | - | section. 4 |
---|
249 | | - | (3)(4) In a school election held with the preferential primary 5 |
---|
250 | | - | or general election, all actions required of county boards of election 6 |
---|
251 | | - | commissioners shall be performed by the county board of election 7 |
---|
252 | | - | commissioners of the county in which the electors reside. 8 |
---|
253 | | - | 9 |
---|
254 | | - | SECTION 12. Arkansas Code § 6 -14-111(e)(1), concerning the candidate 10 |
---|
255 | | - | filing procedures, is amended to read as follows: 11 |
---|
256 | | - | (e)(1) The petition, affidavit of eligibility, and the candidate's 12 |
---|
257 | | - | political practices pledge shall be filed with the county clerk as follows: 13 |
---|
258 | | - | (A)(i) For even-numbered years, during the party filing 14 |
---|
259 | | - | period as set forth in § 7 -7-203 for school elections held concurrently with 15 |
---|
260 | | - | a preferential primary election; and 16 |
---|
261 | | - | (ii) For odd-numbered years, during the dates that 17 |
---|
262 | | - | would be the filing period as set forth in § 7 -7-203 if a preferential 18 |
---|
263 | | - | primary and general election were to be held in that year; or 19 |
---|
264 | | - | (B) During a one-week period ending at 12:00 noon ninety 20 |
---|
265 | | - | (90) days before a school election held in November beginning at 12:00 noon 21 |
---|
266 | | - | on the first day of the party filing period under § 7 -7-203 and shall end at 22 |
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267 | | - | 12:00 noon on the last day of the party filing period under § 7 -7-203. 23 |
---|
268 | | - | 24 |
---|
269 | | - | SECTION 13. Arkansas Code § 6 -14-111(h)(2), concerning candidate 25 |
---|
270 | | - | filing procedures, is amended to read as follows: 26 |
---|
271 | | - | (2) The county board of election commissioners shall not place 27 |
---|
272 | | - | the name of an unopposed candidate for school district director on the ballot 28 |
---|
273 | | - | during a school board election held concurrently with the preferential 29 |
---|
274 | | - | primary election or general election. 30 |
---|
275 | | - | 31 |
---|
276 | | - | SECTION 14. Arkansas Code § 6 -14-111(k), concerning candidate filing 32 |
---|
277 | | - | procedures, is amended to read as follows: 33 |
---|
278 | | - | (k) The order in which the names of the respective candidates are to 34 |
---|
279 | | - | appear on the ballot shall be determined by lot at the public meeting of the 35 |
---|
280 | | - | county board of election commissioners held not later than : 36 As Engrossed: H3/19/25 S4/1/25 HB1724 |
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281 | | - | |
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282 | | - | 8 04-01-2025 12:45:20 SSS099 |
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283 | | - | |
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284 | | - | |
---|
285 | | - | (1) The the deadline to conduct the ballot draw for the 1 |
---|
286 | | - | preferential primary or general election for an annual school election held 2 |
---|
287 | | - | in even-numbered years; 3 |
---|
288 | | - | (2) The seventh day of March for an annual school election held 4 |
---|
289 | | - | on the second Tuesday in May of an odd -numbered year; and 5 |
---|
290 | | - | (3) Seventy-two (72) days before an annual school election held 6 |
---|
291 | | - | on the second Tuesday of November of an odd -numbered year. 7 |
---|
292 | | - | 8 |
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293 | | - | SECTION 15. Arkansas Code § 6-14-121(a)(3), concerning runoff 9 |
---|
294 | | - | elections, is amended to read as follows: 10 |
---|
295 | | - | (3) The runoff election shall be held : 11 |
---|
296 | | - | (A) Four (4) weeks following the date of an election held 12 |
---|
297 | | - | in any odd-numbered year; 13 |
---|
298 | | - | (B) On the date designated for the general primary 14 |
---|
299 | | - | election if the annual school election is held with the preferential primary 15 |
---|
300 | | - | election; or 16 |
---|
301 | | - | (C) On the date designated for the general runoff election 17 |
---|
302 | | - | if the annual school election is held with the general election at the same 18 |
---|
303 | | - | time as the general election . 19 |
---|
304 | | - | 20 |
---|
305 | | - | SECTION 16. Arkansas Code § 6 -14-121(c), concerning runoff elections, 21 |
---|
306 | | - | is amended to read as follows: 22 |
---|
307 | | - | (c) If one (1) of the two (2) candidates who received the highest 23 |
---|
308 | | - | number of votes for a position withdraws before certification of the result 24 |
---|
309 | | - | of the school board election, the remaining candidate who received the most 25 |
---|
310 | | - | votes at the school board election shall be declared elected to the office 26 |
---|
311 | | - | and there shall be no school board election runoff. 27 |
---|
312 | | - | 28 |
---|
313 | | - | SECTION 17. Arkansas Code § 7 -10-102 is amended to read as follows: 29 |
---|
314 | | - | 7-10-102. Nonpartisan election of judges, justices, and prosecuting 30 |
---|
315 | | - | attorneys, and school board members . 31 |
---|
316 | | - | (a) The offices of Justice of the Supreme Court, Judge of the Court of 32 |
---|
317 | | - | Appeals, circuit judge, district judge, and prosecuting attorney , and a 33 |
---|
318 | | - | member of a school district board of directors are nonpartisan offices. 34 |
---|
319 | | - | (b)(1) The general elections for nonpartisan offices shall be held on 35 |
---|
320 | | - | the same date and at the same times and places as provided by law for 36 As Engrossed: H3/19/25 S4/1/25 HB1724 |
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321 | | - | |
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322 | | - | 9 04-01-2025 12:45:20 SSS099 |
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323 | | - | |
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324 | | - | |
---|
325 | | - | preferential primary elections. 1 |
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326 | | - | (2)(A) The names of nonpartisan candidates shall be: 2 |
---|
327 | | - | (i) Included on the ballots of the political 3 |
---|
328 | | - | parties; and 4 |
---|
329 | | - | (ii) Designated as nonpartisan candidates. 5 |
---|
330 | | - | (B) Separate ballots containing the names of nonpartisan 6 |
---|
331 | | - | candidates shall be: 7 |
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332 | | - | (i) Prepared; and 8 |
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333 | | - | (ii) Made available to voters requesting a separate 9 |
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334 | | - | ballot. 10 |
---|
335 | | - | (3) A voter shall not be required to vote in a political party's 11 |
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336 | | - | preferential primary to be able to vote in a nonpartisan election. 12 |
---|
337 | | - | (c)(1) A person shall not be elected to the office of Justice of the 13 |
---|
338 | | - | Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, 14 |
---|
339 | | - | or prosecuting attorney , or a member of a school district board of directors 15 |
---|
340 | | - | unless the person receives a majority of the votes cast at the election for 16 |
---|
341 | | - | the office. 17 |
---|
342 | | - | (2) In a nonpartisan election in which no person receives a 18 |
---|
343 | | - | majority of the votes cast, the two (2) candidates receiving the highest and 19 |
---|
344 | | - | next highest number of votes shall be certified to a runoff election, which 20 |
---|
345 | | - | shall be held on the same date and at the same times and places as the 21 |
---|
346 | | - | November general election. 22 |
---|
347 | | - | (3) The names of the candidates in a nonpartisan runoff election 23 |
---|
348 | | - | shall be placed on the same ballots as used for the November general 24 |
---|
349 | | - | elections. 25 |
---|
350 | | - | 26 |
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351 | | - | /s/B. McKenzie 27 |
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352 | | - | 28 |
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353 | | - | 29 |
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354 | | - | APPROVED: 4/10/25 30 |
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355 | | - | 31 |
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356 | | - | 32 |
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| 230 | + | 7 03/10/2025 9:23:46 AM SSS099 |
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| 231 | + | 7-10-102. Nonpartisan election of judges, justices, and prosecuting 1 |
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| 232 | + | attorneys, and school board members . 2 |
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| 233 | + | (a) The offices of Justice of the Supreme Court, Judge of the Court of 3 |
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| 234 | + | Appeals, circuit judge, district judge, and prosecuting attorney , and a 4 |
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| 235 | + | member of a school district board of directors are nonpartisan offices. 5 |
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| 236 | + | (b)(1) The general elections for nonpartisan offices shall be held on 6 |
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| 237 | + | the same date and at the same times and places as provided by law for 7 |
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| 238 | + | preferential primary elections. 8 |
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| 239 | + | (2)(A) The names of nonpartisan candidates shall be: 9 |
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| 240 | + | (i) Included on the ballots of the political 10 |
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| 241 | + | parties; and 11 |
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| 242 | + | (ii) Designated as nonpartisan candidates. 12 |
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| 243 | + | (B) Separate ballots containing the names of nonpartisan 13 |
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| 244 | + | candidates shall be: 14 |
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| 245 | + | (i) Prepared; and 15 |
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| 246 | + | (ii) Made available to voters requesting a separate 16 |
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| 247 | + | ballot. 17 |
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| 248 | + | (3) A voter shall not be required to vote in a political party's 18 |
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| 249 | + | preferential primary to be able to vote in a nonpartisan election. 19 |
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| 250 | + | (c)(1) A person shall not be elected to the office of Justice of the 20 |
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| 251 | + | Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, 21 |
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| 252 | + | or prosecuting attorney , or a member of a school district board of directors 22 |
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| 253 | + | unless the person receives a majority of the votes cast at the election for 23 |
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| 254 | + | the office. 24 |
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| 255 | + | (2) In a nonpartisan election in which no person receives a 25 |
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| 256 | + | majority of the votes cast, the two (2) candidates receiving the highest and 26 |
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| 257 | + | next highest number of votes shall be certified to a runoff election, which 27 |
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| 258 | + | shall be held on the same date and at the same times and places as the 28 |
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| 259 | + | November general election. 29 |
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| 260 | + | (3) The names of the candidates in a nonpartisan runoff election 30 |
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| 261 | + | shall be placed on the same ballots as used for the November general 31 |
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| 262 | + | elections. 32 |
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