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Arkansas Senate Bill SB613

Arkansas 2025 Regular Session

Arkansas Senate Bill SB613 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 SENATE BILL 613 3
66 4
77 By: Senators C. Penzo, B. King 5
88 By: Representatives Duffield, Pilkington 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO CREATE AN ELECTION PROCEDURE TO DETERMINE 9
1212 FLUORIDATION OF A PUBLIC WATER SYSTEM; AND FOR OTHER 10
1313 PURPOSES. 11
1414 12
1515 13
1616 Subtitle 14
1717 TO CREATE AN ELECTION PROCEDURE TO 15
1818 DETERMINE FLUORIDATION OF A PUBLIC WATER 16
1919 SYSTEM. 17
2020 18
2121 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
2222 20
2323 SECTION 1. Arkansas Code Title 14, Chapter 116, is amended to add an 21
2424 additional subchapter to read as follows: 22
2525 23
2626 Subchapter 9 - Fluoridation Election 24
2727 25
2828 14-116-901. Definitions. 26
2929 As used in this subchapter: 27
3030 (1) “Canvasser” means a person who circulates a fluoridation 28
3131 election petition or a petition part to obtain the signatures of petitioners; 29
3232 (2) “Paid canvasser” means a canvasser who is paid or with whom 30
3333 there is an agreement to pay money or anything of value before or after a 31
3434 signature on a fluoridation election petition is solicited in exchange for 32
3535 soliciting or obtaining a signature on a fluoridation election petition; 33
3636 (3) “Petition part” means a petition signature sheet containing 34
3737 the information required under this subchapter; 35
3838 (4) “Petitioner” means a person who signs a petition requesting 36 SB613
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4141 a fluoridation election; 1
4242 (5) "Public water system" means a facility, including without 2
4343 limitation a parent system, consecutive system, or other system, that holds, 3
4444 treats, and supplies water directly or through a consecutive system or 4
4545 consecutive systems to five thousand (5,000) persons or more; 5
4646 (6) “Registered voter” means a person who is registered at the 6
4747 time of signing the petition under Arkansas Constitution, Amendment 51; and 7
4848 (7) “Sponsor” means a person who arranges for the circulation of 8
4949 a fluoridation election petition or who files a fluoridation election 9
5050 petition with the official charged with verifying the signatures on the 10
5151 fluoridation election petition. 11
5252 12
5353 14-116-902. Petition to determine fluoridation of water in public 13
5454 water system. 14
5555 (a) An election to determine fluoridation of water in a public water 15
5656 system shall be called by a petition signed by registered voters supplied by 16
5757 the public water system in a number equal to thirty -eight percent (38%) of 17
5858 the registered voters supplied by the public water system. 18
5959 (b) A fluoridation election petition under subsection (a) of this 19
6060 section shall be filed with the county clerk of the county where the public 20
6161 water system is domiciled at least one hundred twenty (120) days before: 21
6262 (1) In even-numbered years, the preferential primary election or 22
6363 the general election; and 23
6464 (2) In odd-numbered years, the date of the special election as 24
6565 provided under § 14-116-913. 25
6666 (c) The county clerk of the county where the public water system is 26
6767 domiciled shall: 27
6868 (1) Coordinate with the county clerks of other counties supplied 28
6969 by the public water system to verify the signatures on a petition filed under 29
7070 subsection (b) of this section; and 30
7171 (2) Determine the sufficiency of a petition filed under 31
7272 subsection (b) of this section no later than ten (10) days after the petition 32
7373 is submitted. 33
7474 (d) The total number of registered voters as certified by the county 34
7575 clerk to the Secretary of State by June 1 of each year under Arkansas 35
7676 Constitution, Amendment 51, is the basis on which the required number of 36 SB613
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7979 signatures of qualified electors on a petition filed under this section shall 1
8080 be computed. 2
8181 (e)(1) The sponsor shall request that the board of the public water 3
8282 system provide an accurate boundary map by parcel for the purpose of counting 4
8383 signatures and conducting the election to the county clerk of the county 5
8484 where the public water system is domiciled . 6
8585 (2) The public water system shall provide the boundary map 7
8686 requested under subdivision (e)(1) of this section to the county clerk of the 8
8787 county where the public water system is domiciled at or before the time for 9
8888 filing the petition. 10
8989 11
9090 14-116-903. Duties of election officers — Penalty for failure to 12
9191 perform. 13
9292 (a) The duties imposed by this subchapter on members of the State 14
9393 Board of Election Commissioners, members of the county boards of election 15
9494 commissioners, election officials, and other officers expressly named in this 16
9595 subchapter shall be performed: 17
9696 (1) In good faith; 18
9797 (2) Within the time provided by this subchapter; and 19
9898 (3) In the manner provided by this subchapter. 20
9999 (b) If a member of a county board of election commissioners, an 21
100100 election official, or another officer charged with a duty under this 22
101101 subchapter knowingly fails to perform that duty, upon conviction he or she 23
102102 shall be guilty of a violation and shall be: 24
103103 (1) Fined not less than one hundred dollars ($100) nor more than 25
104104 one thousand dollars ($1,000); and 26
105105 (2) Removed from his or her position or office. 27
106106 28
107107 14-116-904. Hiring and training of paid canvassers. 29
108108 (a)(1) A person shall not provide money or anything of value to 30
109109 another person for obtaining signatures on a fluoridation election petition 31
110110 unless the person receiving the money or item of value meets the requirements 32
111111 of this section. 33
112112 (2) Before a signature is solicited by a paid canvasser, the 34
113113 sponsor shall: 35
114114 (A) Explain the Arkansas law applicable to obtaining 36 SB613
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117117 signatures on a fluoridation election petition to the paid canvasser; and 1
118118 (B)(i) Provide a complete list under subdivision 2
119119 (a)(2)(B)(i) of this section of all paid canvassers' names and current 3
120120 residential addresses to the county clerk. 4
121121 (ii) If additional paid canvassers agree to solicit 5
122122 signatures on behalf of a sponsor after the complete list is provided, the 6
123123 sponsor shall provide an updated list of all paid canvassers' names and 7
124124 current residential addresses to the county clerk. 8
125125 (b) Before obtaining a signature on a fluoridation election petition 9
126126 as a paid canvasser, a person shall submit in person or by mail to the 10
127127 sponsor: 11
128128 (1) The full name and any assumed name of the person; 12
129129 (2) The current residence address of the person and the person's 13
130130 permanent domicile address if the person's permanent domicile address is 14
131131 different from the person's current residence address; 15
132132 (3) A signed statement taken under oath or solemn affirmation 16
133133 that states that the person has not pleaded guilty or nolo contendere to or 17
134134 been found guilty of a criminal offense involving a violation of the election 18
135135 laws, fraud, forgery, or identification theft in any state; 19
136136 (4) A signed statement that the person has read and understands 20
137137 the Arkansas law applicable to obtaining signatures on a fluoridation 21
138138 election petition; and 22
139139 (5) A photograph of the person taken within ninety (90) days of 23
140140 the submission of the information required under this section. 24
141141 (c) A sponsor shall maintain the information required under this 25
142142 section for each paid canvasser for three (3) years after the general 26
143143 election or special election in which the fluoridation election is called. 27
144144 28
145145 14-116-905. Signing of petition — Penalty for falsification — Notice 29
146146 of suspected forgery. 30
147147 (a)(1) A person signing a petition under this subchapter shall: 31
148148 (A) Be a registered voter supplied by the public water 32
149149 system; and 33
150150 (B) After reading the ballot title of the petition in the 34
151151 presence of the canvasser or having the ballot title of the petition read 35
152152 aloud to him or her in the presence of the canvasser, sign his or her own 36 SB613
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155155 name and in his or her own handwriting print his or her own name, address, 1
156156 and birthdate and the date of signing on a petition. 2
157157 (2) If a person signing a petition under subdivision (a)(1) of 3
158158 this section requires assistance due to a disability, another person: 4
159159 (A) May print the person's name, address, and birthdate 5
160160 and the date of signing; and 6
161161 (B) Shall sign and print his or her own name in the margin 7
162162 of the petition. 8
163163 (3) A person who is under eighteen (18) years of age shall not 9
164164 act as a canvasser. 10
165165 (4) A person acting as a canvasser shall not obtain a signature 11
166166 for a petition without disclosing to the potential petitioner that petition 12
167167 fraud is a criminal offense before the potential petitioner signs the 13
168168 petition in the custody of the canvasser by: 14
169169 (A) Verbal notification; or 15
170170 (B) If verbal notification is impossible, written 16
171171 notification with a document that is provided separately from all other 17
172172 petition materials. 18
173173 (b) A person commits a Class A misdemeanor if the person, acting as a 19
174174 canvasser, notary, sponsor, or agent of a sponsor knowingly: 20
175175 (1) Signs a name other than his or her own to a petition; 21
176176 (2) Prints a name, address, or birthdate other than his or her 22
177177 own on a petition unless the petitioner requires assistance due to a 23
178178 disability and the person complies with this section; 24
179179 (3) Solicits or obtains a signature to a petition knowing that 25
180180 the petitioner is not qualified to sign the petition; 26
181181 (4) Pays a person any form of compensation in exchange for 27
182182 signing a petition as a petitioner; 28
183183 (5) Accepts or pays money or anything of value for obtaining 29
184184 signatures on a petition when the person acting as a canvasser, sponsor, or 30
185185 agent of a sponsor knows that the name or address of the person acting as a 31
186186 canvasser is not included on the sponsor's list filed with the county clerk; 32
187187 (6) As a sponsor, files a petition part with the official 33
188188 charged with verifying the signatures knowing that the petition part contains 34
189189 one (1) or more false or fraudulent signatures unless each false or 35
190190 fraudulent signature is clearly stricken by the sponsor before filing; 36 SB613
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193193 (7) As a canvasser, knowingly accepts a signature when the 1
194194 person signing the petition has not read the ballot title of the petition in 2
195195 the presence of the canvasser or the ballot title of the petition has not 3
196196 been read aloud to the person in the presence of the canvasser; or 4
197197 (8) As a canvasser, fails to disclose to a potential petitioner 5
198198 that petition fraud is a criminal offense before the potential petitioner 6
199199 signs the petition in the custody of the canvasser under subdivision (a)(4) 7
200200 of this section. 8
201201 (c) When the county clerk charged with verifying the signatures has 9
202202 reasonable grounds to believe that one (1) or more signatures on a petition 10
203203 is forged, the county clerk shall report the suspected forgery and the basis 11
204204 for suspecting forgery to the prosecuting attorney of the county. 12
205205 (d)(1) The county clerk shall not count signatures collected and 13
206206 witnessed by a canvasser if the county clerk finds by a preponderance of the 14
207207 evidence that the canvasser has violated Arkansas laws regarding canvassing, 15
208208 perjury, forgery, or fraudulent practices in the procurement of petition 16
209209 signatures or any provision of the Arkansas Constitution applicable to the 17
210210 collection of signatures on a fluoridation election petition during the 18
211211 current election cycle. 19
212212 (2) This subsection shall not constrain the duties and authority 20
213213 of the county clerk as set forth in Arkansas law. 21
214214 22
215215 14-116-906. Form of initiative petition — Sufficiency of signatures. 23
216216 (a) The petition for an ordinance, act, or amendment proposed by 24
217217 initiative under this subchapter shall be on substantially the following 25
218218 form: 26
219219 “PETITION FOR FLUORIDATION ELECTION 27
220220 To the Honorable_____________, 28
221221 County Clerk 29
222222 We, the undersigned registered voters of the State of Arkansas, of 30
223223 _____________ County, Arkansas, respectfully request that an election be held 31
224224 to determine fluoridation of the water in the public water system in the 32
225225 district described below, to the end that the same may be adopted, enacted, 33
226226 or rejected by the vote of the registered voters supplied by the public water 34
227227 system. Each of us for himself or herself says: 35
228228 I have personally signed this petition; I am a registered voter of 36 SB613
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231231 _____________ County, Arkansas, and my printed name, date of birth, 1
232232 residence, and city or town of residence and the date of signing this 2
233233 petition are correctly written after my signature. 3
234234 (Here insert a description of the public water system in which the 4
235235 election shall be held.)”. 5
236236 (b)(1) The information provided by the petitioner under this 6
237237 subchapter may be used as evidence of the validity or invalidity of the 7
238238 signature. 8
239239 (2) If a signature of a registered voter on a petition under 9
240240 this subchapter is sufficient to verify the registered voter's name, then it 10
241241 shall not be adjudged invalid for failure to sign the name or write the 11
242242 residence and city or town of residence exactly as it appears on voter 12
243243 registration records, for failure to print the name in the space provided, 13
244244 for failure to provide the correct date of birth, nor for failure to provide 14
245245 the correct date of signing the petition, all the information being an aid to 15
246246 verification rather than a mandatory requirement to perfect the validity of 16
247247 the signature of the petitioner. 17
248248 (c) Additional sheets of petitioner signatures shall not be attached 18
249249 to a petition under this subchapter unless the sheets contain the full 19
250250 language of the petition. 20
251251 (d)(1) The signature section of a petition under this subchapter shall 21
252252 be formatted and shall contain the number of signature lines prescribed by 22
253253 the county clerk. 23
254254 (2) Before the circulation of a petition for signatures under 24
255255 this subchapter, the sponsor shall file a printed petition part with the 25
256256 county clerk in the form that will be used for obtaining signatures. 26
257257 27
258258 14-116-907. Procedure for circulation of petition. 28
259259 (a)(1) Each petition under this subchapter for an election to be held 29
260260 for a public water system that includes more than one (1) county shall be 30
261261 prepared and circulated in a petition part, and each petition part shall be 31
262262 an exact copy of all other petition parts on which signatures of petitioners 32
263263 are to be solicited. 33
264264 (2) When a sufficient number of petition parts are signed by the 34
265265 requisite number of registered voters and are filed and certified by the 35
266266 county clerk, they shall be treated and considered as one (1) petition. 36 SB613
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269269 (b) Each petition part under this subchapter shall have attached to it 1
270270 the affidavit of the canvasser who collected the signatures on the petition 2
271271 part stating that: 3
272272 (1) The canvasser's current residence address appearing on the 4
273273 verification is correct; 5
274274 (2) All signatures appearing on the petition part were made in 6
275275 the presence of the canvasser; and 7
276276 (3) To the best of the canvasser's knowledge and belief each 8
277277 signature is genuine and each person signing is a registered voter. 9
278278 (c) A petition part under this section shall not contain signatures of 10
279279 petitioners from more than one (1) county. 11
280280 12
281281 14-116-908. Form of verification — Penalty for false statement. 13
282282 (a) Each petition under this subchapter that contains signatures shall 14
283283 be verified in substantially the following form by the canvasser's affidavit 15
284284 on the petition as a part of the petition: 16
285285 “State of Arkansas, County of _____________ 17
286286 I, _____________ (print name of canvasser) _____________, being duly 18
287287 sworn, state that each of the foregoing persons signed his or her own name to 19
288288 this sheet of the petition in my presence. To the best of my knowledge and 20
289289 belief, each signature is genuine and each signer is a registered voter of 21
290290 _____________ County. At all times during the circulation of this signature 22
291291 sheet, an exact copy of the popular name, ballot title, and text was attached 23
292292 to the signature sheet , and each signer read the ballot title of the petition 24
293293 or had the ballot title of the petition read to the signer in my presence. My 25
294294 current residence address is correctly stated below. 26
295295 Signature_____________ 27
296296 Residence _____________ 28
297297 Indicate one: _____________ Paid Canvasser _____________ 29
298298 Volunteer/Unpaid Canvasser 30
299299 Subscribed and sworn to before me this _____________day of 31
300300 _____________, 20_____________ 32
301301 Signature_____________ 33
302302 Clerk, Notary, Judge, or Justice of the Peace 34
303303 Seal_____________ ”. 35
304304 (b)(1) If the form provided under subsection (a) of this section is 36 SB613
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307307 substantially followed in a petition, the form is sufficient. 1
308308 (2) A form provided under this section shall not be held 2
309309 insufficient for clerical and merely technical errors. 3
310310 (c)(1) A petition under this subchapter shall not be disqualified due 4
311311 to clerical or technical errors made by a clerk, notary, judge, or justice of 5
312312 the peace when verifying a canvasser's signature. 6
313313 (2) A petition under this subchapter shall not be disqualified 7
314314 for the failure of a clerk, notary, judge, or justice of the peace to sign 8
315315 exactly as his or her name appears on his or her seal if the signature of a 9
316316 clerk, notary, judge, or justice of the peace is sufficient to verify his or 10
317317 her name. 11
318318 (d) A canvasser who knowingly makes a false statement on a petition 12
319319 verification form required by this section upon conviction is guilty of a 13
320320 Class D felony. 14
321321 (e)(1) A canvasser who witnesses signatures on a petition part shall 15
322322 view a copy of a potential petitioner's photo identification to verify the 16
323323 identity of the potential petitioner before obtaining the signature. 17
324324 (2) If a canvasser cannot verify the identity of the potential 18
325325 petitioner, the canvasser shall not obtain a signature from the potential 19
326326 petitioner. 20
327327 (3) A canvasser who submits a canvasser affidavit under 21
328328 subsection (a) of this section swearing that to the best of the canvasser's 22
329329 knowledge and belief each signature is genuine and that the person signing is 23
330330 a registered voter, but does not comply with the requirements under 24
331331 subdivision (e)(1) of this section, makes a false statement on the petition 25
332332 verification form. 26
333333 (4) As used in this subsection, "photo identification" means a 27
334334 document or identification card permitted under § 7 -1-101(40). 28
335335 29
336336 14-116-909. Failure to act on petition — Mandamus — Injunction. 30
337337 (a) If a county clerk does not examine and certify a petition under 31
338338 this subchapter within the time prescribed in § 14 -116-902, the sponsor may 32
339339 apply to the circuit court with jurisdiction for appropriate relief. 33
340340 (b) If the circuit court decides that the petition under this 34
341341 subchapter is legally sufficient, the circuit court shall order the county 35
342342 clerk to certify the sufficiency of the petition and set an election date. 36 SB613
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345345 (c) On a proper showing that a petition under this subchapter is not 1
346346 sufficient, the circuit court may enjoin the county clerk from: 2
347347 (1) Certifying the sufficiency of the petition; or 3
348348 (2) Setting an election date. 4
349349 5
350350 14-116-910. Preservation of records. 6
351351 (a) All petitions, notices, certificates, or other documentary 7
352352 evidence of procedural steps taken under this subchapter shall be filed and 8
353353 preserved. 9
354354 (b) A petition under this subchapter with signatures shall be retained 10
355355 for two (2) years after submission to the county clerk. 11
356356 12
357357 14-116-911. Count of signatures. 13
358358 (a) Upon the initial filing of a petition under this subchapter, the 14
359359 county clerk charged with verifying the signatures shall: 15
360360 (1) Perform an initial count of the signatures; and 16
361361 (2) Determine whether the petition contains, on its face and 17
362362 before verification of the signatures of registered voters, the designated 18
363363 number of signatures required by the Arkansas Constitution and this 19
364364 subchapter in order to call an election. 20
365365 (b) A petition part and all signatures appearing on the petition part 21
366366 shall not be counted for any purpose by the official charged with verifying 22
367367 the signatures, including the initial count of signatures, if one (1) or more 23
368368 of the following is true: 24
369369 (1) The petition is not an original petition, including without 25
370370 limitation a petition that is a photocopy or a fax; 26
371371 (2) The petition lacks the signature, printed name, and 27
372372 residence address of the canvasser or is signed by more than one (1) 28
373373 canvasser; 29
374374 (3) The canvasser is a paid canvasser whose name and the 30
375375 information required under § 14 -116-904 were not submitted by the sponsor to 31
376376 the county clerk before the petitioner signed the petition; 32
377377 (4) The canvasser verification is not notarized, is notarized by 33
378378 more than one (1) notary, or lacks a notary signature or a notary seal; 34
379379 (5) The canvasser verification is dated earlier than the date on 35
380380 which a petitioner signed the petition; 36 SB613
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383383 (6) The petition part clearly contains signatures of petitioners 1
384384 from more than one (1) county unless each signature of a petitioner from 2
385385 another county is clearly stricken before the filing of the petition with the 3
386386 county clerk; or 4
387387 (7) The petition part has a material defect that, on its face, 5
388388 renders the petition part invalid. 6
389389 (c) The following signatures shall not be counted by the official 7
390390 charged with verifying the signatures, including the initial count of 8
391391 signatures: 9
392392 (1) A signature that is not an original signature; 10
393393 (2) A signature that is obviously not that of the purported 11
394394 petitioner; 12
395395 (3) A signature that is illegible and is accompanied by no 13
396396 personally identifying information; 14
397397 (4) A signature for which the corresponding printed name, 15
398398 address, or birthdate is written by someone other than the petitioner except 16
399399 under circumstances of disability of the signer; 17
400400 (5) A signature that has any other material defect that, on its 18
401401 face, renders the signature invalid; and 19
402402 (6) A signature submitted by a canvasser who has not filed a 20
403403 true affidavit with the county clerk as required under subdivision (d)(1) of 21
404404 this section certifying that the canvasser has complied with the Arkansas 22
405405 Constitution and all Arkansas laws regarding canvassing, perjury, forgery, 23
406406 and fraudulent practices in the procurement of petition signatures during the 24
407407 current election cycle. 25
408408 (d)(1) Except as provided under subdivision (d)(4) of this section, a 26
409409 canvasser shall file a true affidavit with the county clerk certifying that 27
410410 the canvasser has complied with the Arkansas Constitution and all Arkansas 28
411411 laws regarding canvassing, perjury, forgery, and fraudulent practices in the 29
412412 procurement of petition signatures during the current election cycle. 30
413413 (2) The county clerk shall not count the signatures submitted by 31
414414 a canvasser until a true affidavit is submitted by the canvasser under 32
415415 subdivision (d)(1) of this section. 33
416416 (3) A true affidavit submitted under subdivision (d)(1) of this 34
417417 section shall have no bearing to establish the genuineness or falsity of the 35
418418 signatures obtained by the canvasser. 36 SB613
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421421 (4)(A) The inability of a canvasser to submit an affidavit due 1
422422 to death or medical disability shall not disqualify the signatures gathered 2
423423 by the canvasser. 3
424424 (B) Subdivision (d)(4)(A) of this section does not excuse 4
425425 a canvasser from filing the affidavit required under § 14 -116-908. 5
426426 (e) A canvasser who has filed a true affidavit under subsection (d) of 6
427427 this section shall not collect additional signatures unless the county clerk 7
428428 determines that the sponsor of the fluoridation election petition is eligible 8
429429 to solicit and add additional signatures to the petition under § 14 –14–9
430430 915(e). 10
431431 11
432432 14-116-912. Notification of election. 12
433433 (a) Notice of an election under this subchapter shall be given by the 13
434434 secretary of the board of directors of the public water system at least 14
435435 thirty (30) days before the date fixed for the election by publication of a 15
436436 notice for at least two (2) consecutive weekly insertions in a newspaper 16
437437 published and having a bona fide circulation in each of the counties supplied 17
438438 by the public water system. 18
439439 (b) The notice of election shall be in substantially the following 19
440440 form: 20
441441 “NOTICE OF ELECTION 21
442442 Notice is hereby given that an election will be held in ............. County, 22
443443 Arkansas, on the ............. day of ............., 20............., for the 23
444444 purpose of determining whether the Board of Directors of the ............. 24
445445 Public Water System shall be authorized to change the status of water 25
446446 fluoridation in the public water system, and whether the Board of Directors 26
447447 of the public water system shall be authorized to exercise the powers 27
448448 conferred on the public water system under Arkansas Code § 14 -116-901 et seq. 28
449449 to carry out the results of the election. The voting places in ............. 29
450450 County, Arkansas, for this election shall be as follows: (Here will be 30
451451 inserted the various voting places of the county in which the particular 31
452452 notice is published.)”. 32
453453 (c) The notice required under this section shall be dated and signed 33
454454 by the secretary of the board of directors of the public water system. 34
455455 35
456456 14-116-913. Conduct of election. 36 SB613
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459459 (a)(1)(A) The county board of election commissioners of the particular 1
460460 county shall cause the question of a change in status of the water 2
461461 fluoridation in a public water system to be placed on the ballot: 3
462462 (i) In even-numbered years, at the general election 4
463463 or preferential primary election; or 5
464464 (ii) In odd-numbered years, at the special election 6
465465 that shall be held on the second Tuesday of March or November. 7
466466 (B) An election held under subdivision (a)(1)(A)(ii) of 8
467467 this section that is scheduled to occur in a month in which the second 9
468468 Tuesday is a legal holiday shall be held on the third Tuesday of the month. 10
469469 (2) The question shall be presented in the following form: 11
470470 " FOR THE FLUORIDATION OF WATER IN [DESCRIPTION OF THE 12
471471 PUBLIC WATER SYSTEM] 13
472472 AGAINST THE FLUORIDATION OF WATER IN [DESCRIPTION OF 14
473473 THE PUBLIC WATER SYSTEM].". 15
474474 (3) Each elector shall be instructed on the ballot to vote "FOR" 16
475475 or "AGAINST" the question by placing an appropriate mark. 17
476476 (b) The county board of election commissioners shall count the votes 18
477477 cast on the question submitted to the voters under this section to determine 19
478478 the fluoridation of water in the public water system and shall deliver its 20
479479 certificate declaring the result of the election, together with the election 21
480480 returns, within three (3) days after the date of the election to the county 22
481481 clerk of the county. 23
482482 (c) Upon petition of twenty -five (25) interested registered voters in 24
483483 the territory affected, within ten (10) days after the date of an election 25
484484 under this section, the county board of election commissioners shall 26
485485 immediately recount the votes and declare the result of the election as 27
486486 determined by the recount. 28
487487 (d) Within twenty (20) days after an election under this section, the 29
488488 county court shall make and have entered on record its order declaring the 30
489489 result of the election. 31
490490 (e)(1) The costs of an election held under this subchapter shall be 32
491491 paid by the board of directors of the public water system. 33
492492 (2) The county clerk of each county holding an election to 34
493493 determine the fluoridation of the water in the public water system shall 35
494494 provide an invoice to the board of directors of the public water system for 36 SB613
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497497 any expenses incurred by the county in connection with an election under this 1
498498 subchapter. 2
499499 3
500500 14-116-914. Results of election. 4
501501 (a) If a majority of the registered voters supplied by the public 5
502502 water system elect to prohibit fluoridation of water under this subchapter, 6
503503 the public water system shall cease fluoridation of the water within thirty 7
504504 (30) days of the certification of the election results. 8
505505 (b) A subsequent election in the public water system under this 9
506506 subchapter shall not be held earlier than four (4) years after an election is 10
507507 held under this subchapter. 11
508508 12
509509 SECTION 2. Arkansas Code § 20 -7-136(b), concerning a statewide 13
510510 fluoridation program, is amended to read as follows: 14
511511 (b) The Unless prohibited by the results of an election under § 14-15
512512 116-901 et seq., the company, corporation, municipality, county, government 16
513513 agency, or other entity that owns or controls a water system shall control 17
514514 the quantity of fluoride in the water so as to maintain a fluoride content 18
515515 established by the Department of Health. 19
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