1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *SSS297* 03/31/2025 12:38:13 PM SSS297 |
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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 1936 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Representatives R. Burkes, Underwood 5 |
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8 | 8 | | By: Senators J. Dotson, Hester 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 AMEND THE LAW CONCERNING ELECTION TO 9 |
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12 | 12 | | CERTAIN MUNICIPAL OFFICES; AND FOR OTHER PURPOSES. 10 |
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13 | 13 | | 11 |
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14 | 14 | | 12 |
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15 | 15 | | Subtitle 13 |
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16 | 16 | | AN ACT TO AMEND THE LAW CONCERNING 14 |
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17 | 17 | | ELECTION TO CERTAIN MUNICIPAL OFFICES. 15 |
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18 | 18 | | 16 |
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19 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 |
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20 | 20 | | 18 |
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21 | 21 | | SECTION 1. Arkansas Code § 14 -42-206(a), concerning nominating 19 |
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22 | 22 | | petitions for municipal elections, is amended to read as follows: 20 |
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23 | 23 | | (a)(1) The city or town council of any city or town with the mayor -21 |
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24 | 24 | | council form of government may request the county party committees of 22 |
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25 | 25 | | recognized political parties under the laws of the state to shall conduct 23 |
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26 | 26 | | party primaries for municipal offices unless the governing body of the 24 |
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27 | 27 | | municipality passes a resolution that the governing body will conduct 25 |
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28 | 28 | | nonpartisan municipal elections for the forthcoming year by resolution passed 26 |
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29 | 29 | | before August 31 of the calendar year before the election. 27 |
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30 | 30 | | (2) The resolution shall remain in effect for the subsequent 28 |
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31 | 31 | | elections two (2) years unless revoked by the city or town council. 29 |
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32 | 32 | | (3)(A) When the a resolution has been adopted under subdivision 30 |
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33 | 33 | | (a)(1) of this section , the clerk or recorder shall: 31 |
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34 | 34 | | (i) Mail a certified copy of the resolution to the 32 |
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35 | 35 | | chairs of the county party committees and to the chairs of the state party 33 |
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36 | 36 | | committees; and 34 |
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37 | 37 | | (ii) File a certified copy of the resolution with the 35 |
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38 | 38 | | county clerk. 36 HB1936 |
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41 | 41 | | (B) The county clerk shall forward a copy of the certified 1 |
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42 | 42 | | file-marked resolution to the county board of election commissioners. 2 |
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43 | 43 | | (4) Candidates nominated for municipal office by political 3 |
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44 | 44 | | primaries under this section shall be certified by the county party 4 |
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45 | 45 | | committees to the county board of election commissioners and shall be placed 5 |
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46 | 46 | | on the ballot at the general election. 6 |
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47 | 47 | | 7 |
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48 | 48 | | SECTION 2. Arkansas Code § 14 -42-206(f), concerning nominating 8 |
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49 | 49 | | petitions for municipal elections, is repealed. 9 |
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50 | 50 | | (f) Nothing in this section shall repeal any law pertaining to the 10 |
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51 | 51 | | city administrator form of government or the city manager form of government. 11 |
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52 | 52 | | 12 |
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53 | 53 | | SECTION 3. Arkansas Code § 14 -47-109(d), concerning the election of 13 |
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54 | 54 | | directors in a city manager form of government, is amended to read as 14 |
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55 | 55 | | follows: 15 |
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56 | 56 | | (d)(1) All regular and special elections of directors shall be 16 |
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57 | 57 | | nonpartisan, the ballots to show no party designation. 17 |
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58 | 58 | | (2) In all regular and special elections, each candidate for the 18 |
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59 | 59 | | office of director shall be elected by the electors of the city at large. 19 |
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60 | 60 | | (3)(2) A director shall not be prohibited from holding successive 20 |
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61 | 61 | | terms of office. 21 |
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62 | 62 | | 22 |
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63 | 63 | | SECTION 4. Arkansas Code § 14-48-110(d), concerning the election of 23 |
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64 | 64 | | mayors and directors in a city administrator form of government, is amended 24 |
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65 | 65 | | to read as follows: 25 |
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66 | 66 | | (d)(1) All primary, general, and special elections of the mayor and 26 |
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67 | 67 | | directors shall be nonpartisan, and the ballots shall show no party 27 |
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68 | 68 | | designation. 28 |
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69 | 69 | | (2)(A) In all primary, general, and special elections, each 29 |
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70 | 70 | | candidate for the office of mayor or director shall be elected by the 30 |
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71 | 71 | | electors of the city as follows: 31 |
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72 | 72 | | (i)(A) The persons elected to fill director 32 |
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73 | 73 | | positions one, two, three, and four, respectively, shall be qualified 33 |
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74 | 74 | | electors of the respective wards and shall be elected by the qualified 34 |
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75 | 75 | | electors of the respective wards; and 35 |
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76 | 76 | | (ii)(B) The persons elected to fill the position of 36 HB1936 |
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79 | 79 | | mayor and director positions five, six, and seven, respectively, shall be 1 |
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80 | 80 | | qualified electors of the city and shall be elected by the qualified electors 2 |
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81 | 81 | | of the entire city. 3 |
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82 | 82 | | (B)(2) Neither the mayor nor a director shall be 4 |
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83 | 83 | | prohibited from holding successive terms of office. 5 |
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84 | 84 | | (C)(i)(a)(3)(A)(i) The persons elected to fill director 6 |
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85 | 85 | | positions one, two, three, and four, respectively, shall continue to reside 7 |
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86 | 86 | | in the ward from which he or she was elected for the term for which he or she 8 |
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87 | 87 | | was elected. 9 |
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88 | 88 | | (b)(ii) The persons elected to fill the 10 |
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89 | 89 | | position of mayor and director positions five, six, and seven, respectively, 11 |
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90 | 90 | | shall continue to reside in the city from which he or she was elected for the 12 |
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91 | 91 | | term for which he or she was elected. 13 |
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92 | 92 | | (ii)(B) If a duly elected director shall cease to 14 |
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93 | 93 | | reside in the ward or the city from which he or she was elected, the director 15 |
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94 | 94 | | shall be disqualified to hold the office, and a vacancy shall exist that 16 |
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95 | 95 | | shall be filled as prescribed by law. 17 |
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