| 3 | 2 | | *SSS278* 04/02/2025 10:33:12 AM SSS278 |
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| 4 | 3 | | State of Arkansas 1 |
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| 5 | 4 | | 95th General Assembly A Bill 2 |
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| 6 | 5 | | Regular Session, 2025 SENATE BILL 608 3 |
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| 7 | 6 | | 4 |
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| 8 | 7 | | By: Senator M. Johnson 5 |
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| 9 | 8 | | 6 |
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| 10 | 9 | | 7 |
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| 11 | 10 | | For An Act To Be Entitled 8 |
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| 12 | 11 | | AN ACT TO AMEND THE LAW CONCERNING RUNOFF ELECTIONS 9 |
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| 13 | 12 | | FOR COUNTY AND MUNICIPAL OFFICERS; AND FOR OTHER 10 |
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| 14 | 13 | | PURPOSES. 11 |
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| 15 | 14 | | 12 |
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| 16 | 15 | | 13 |
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| 17 | 16 | | Subtitle 14 |
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| 18 | 17 | | TO AMEND THE LAW CONCERNING RUNOFF 15 |
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| 19 | 18 | | ELECTIONS FOR COUNTY AND MUNICIPAL 16 |
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| 20 | 19 | | OFFICERS. 17 |
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| 21 | 20 | | 18 |
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| 22 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 |
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| 23 | 22 | | 20 |
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| 24 | 23 | | SECTION 1. Arkansas Code § 7 -5-106(a), concerning runoff elections for 21 |
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| 25 | 24 | | county and municipal officers, is amended to read as follows: 22 |
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| 26 | 25 | | (a)(1) If there are more than two (2) candidates for election to any 23 |
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| 27 | 26 | | county elected office or a municipal office , including the office of justice 24 |
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| 28 | 27 | | of the peace, at any general election held in this state and no candidate for 25 |
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| 29 | 28 | | the county elected office or municipal office receives a majority of the 26 |
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| 30 | 29 | | votes cast for the county elected office or municipal office, there shall be 27 |
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| 31 | 30 | | a runoff general election held in that county or municipality four (4) weeks 28 |
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| 32 | 31 | | following the date of the general election at which the names of the two (2) 29 |
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| 33 | 32 | | candidates receiving the highest number of votes, but not a majority, shall 30 |
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| 34 | 33 | | be placed on the ballot to be voted upon by the qualified electors of the 31 |
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| 35 | 34 | | county or the municipality. 32 |
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| 36 | 35 | | (2)(A) The following procedure will govern if there are more 33 |
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| 37 | 36 | | than two (2) candidates for election to any municipal office at any general 34 |
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| 38 | 37 | | election held in this state in which no candidate for the municipal office 35 |
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| 39 | 38 | | receives either: 36 SB608 |
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| 40 | 39 | | |
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| 41 | 40 | | 2 04/02/2025 10:33:12 AM SSS278 |
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| 42 | 41 | | (i) A majority of the votes cast; or 1 |
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| 43 | 42 | | (ii) A plurality of forty percent (40%) of the votes 2 |
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| 44 | 43 | | cast. 3 |
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| 45 | 44 | | (B)(i) A candidate who receives a plurality of forty 4 |
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| 46 | 45 | | percent (40%) of the votes cast must obtain at least twenty percent (20%) 5 |
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| 47 | 46 | | more of the votes cast than the second -place candidate for the municipal 6 |
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| 48 | 47 | | office to avoid a runoff general election against the second -place candidate. 7 |
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| 49 | 48 | | (ii) If required, the runoff general election 8 |
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| 50 | 49 | | between the two (2) candidates shall be held in that municipality four (4) 9 |
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| 51 | 50 | | weeks following the date of the general election with the names of the two 10 |
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| 52 | 51 | | (2) candidates placed on the ballot to be voted upon by the qualified 11 |
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| 53 | 52 | | electors of the municipality. 12 |
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| 54 | 53 | | 13 |
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| 55 | 54 | | SECTION 2. Arkansas Code § 7 -5-106(d), concerning runoff elections for 14 |
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| 56 | 55 | | county and municipal officers, is amended to read as follows: 15 |
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| 57 | 56 | | (d) If one (1) of the two (2) candidates who received the highest 16 |
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| 58 | 57 | | number of votes for a county elected office or a municipal office but not a 17 |
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| 59 | 58 | | majority of the votes in a county for a county elected office or either a 18 |
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| 60 | 59 | | majority or both forty percent (40%) of the votes cast and at least twenty 19 |
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| 61 | 60 | | percent (20%) more of the votes cast than the second -place candidate in a 20 |
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| 62 | 61 | | municipality for a municipal office in the general election withdraws before 21 |
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| 63 | 62 | | certification of the result of the general election, the remaining candidate 22 |
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| 64 | 63 | | who received the most votes at the general election shall be declared elected 23 |
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| 65 | 64 | | to the county elected office or municipal office and there shall be no runoff 24 |
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| 66 | 65 | | general election. 25 |
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| 67 | 66 | | 26 |
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| 68 | 67 | | 27 |
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