AR
Arkansas Senate Bill SJR12

Arkansas 2025 Regular Session

Arkansas Senate Bill SJR12 Compare Versions

Only one version of the bill is available at this time.
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11 Stricken language would be deleted from and underlined language would be added to the Arkansas
22 Constitution.
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44 State of Arkansas 1
55 95th General Assembly 2
66 Regular Session, 2025 SJR 12 3
77 4
88 By: Senator C. Tucker 5
99 6
1010 7
1111 SENATE JOINT RESOLUTION 8
1212 AN AMENDMENT TO THE ARKANSAS CONSTITUTION REQUIRING 9
1313 THE GENERAL ASSEMBLY TO ESTABLISH BY LAW A REVISED 10
1414 ELECTION PROCESS; REQUIRING THE GENERAL ASSEMBLY TO 11
1515 ESTABLISH BY LAW AN ELECTION PROCESS IN WHICH 12
1616 CANDIDATES AT A PRIMARY ELECTION, SPECIAL PRIMARY 13
1717 ELECTION, OR ELECTION FOR NONPARTISAN OFFICE APPEAR 14
1818 ON A SINGLE BALLOT REGARDLESS OF POLITICAL PARTY 15
1919 AFFILIATION AND THE TOP TWO CANDIDATES FOR EACH 16
2020 OFFICE ADVANCE TO THE GENERAL ELECTION OR SPECIAL 17
2121 ELECTION; AND REQUIRING THE GENERAL ASSEMBLY TO 18
2222 ESTABLISH BY LAW A PROCESS BASED ON PARTY AFFILIATION 19
2323 FOR SELECTING DELEGATES TO ATTEND A QUADRENNIAL 20
2424 NATIONAL NOMINATING CONVENTION OF A POLITICAL PARTY 21
2525 TO SELECT A NOMINEE FOR THE OFFICE OF PRESIDENT OF 22
2626 THE UNITED STATES AND A PROCESS FOR CHOOSING AND 23
2727 ELECTING ELECTORS FOR PRESIDENT OF THE UNITED STATES 24
2828 AND VICE PRESIDENT OF THE UNITED STATES. 25
2929 26
3030 27
3131 Subtitle 28
3232 AN AMENDMENT TO THE ARKANSAS 29
3333 CONSTITUTION REQUIRING THE GENERAL 30
3434 ASSEMBLY TO ESTABLISH BY LAW A REVISED 31
3535 ELECTION PROCESS. 32
3636 33
3737 BE IT RESOLVED BY THE SENATE OF THE NINETY -FIFTH GENERAL ASSEMBLY OF THE 34
3838 STATE OF ARKANSAS, AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL 35
3939 MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO: 36 SJR12
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4242 1
4343 THAT the following is proposed as an amendment to the Constitution of 2
4444 the State of Arkansas, and upon being submitted to the electors of the state 3
4545 for approval or rejection at the next general election for Representatives 4
4646 and Senators, if a majority of the electors voting thereon at the election 5
4747 adopt the amendment, the amendment shall become a part of the Constitution of 6
4848 the State of Arkansas, to wit: 7
4949 8
5050 SECTION 1. The Arkansas Constitution is amended to add an additional 9
5151 amendment to read as follows: 10
5252 § 1. Election process for general elections, special elections, and 11
5353 elections for nonpartisan office. 12
5454 (a) The General Assembly shall enact laws establishing an election 13
5555 process for general elections, special elections, and elections for 14
5656 nonpartisan office in which: 15
5757 (1)(A) The names of all persons who have filed as candidates for 16
5858 a primary election, special primary election, or election for nonpartisan 17
5959 office shall be listed on a single ballot, regardless of political party. 18
6060 (B) The political party affiliation, if any, of each 19
6161 candidate shall appear on the ballot beside the name of each candidate at an 20
6262 election for partisan office. 21
6363 (C)(i) A candidate who is unaffiliated with a political 22
6464 party shall appear on the primary election ballot or special primary election 23
6565 ballot. 24
6666 (ii) The word "Independent" shall appear on the 25
6767 ballot beside the name of an unaffiliated candidate; 26
6868 (2)(A) The two (2) candidates receiving the greatest number of 27
6969 votes cast for each office at the primary election, special primary election, 28
7070 or election for nonpartisan office shall advance to the general election or 29
7171 special election, regardless of each candidate's political party affiliation, 30
7272 if any. 31
7373 (B) If only one (1) or two (2) persons file as candidates 32
7474 for an office at a primary election, special primary election, or election 33
7575 for nonpartisan office, the candidate or candidates shall automatically 34
7676 advance to the general election or special election. 35
7777 (C) The General Assembly may provide by law that if one 36 SJR12
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8080 (1) candidate receives a specified percentage of the vote for an office at a 1
8181 special primary election, only that one (1) candidate shall advance to the 2
8282 special election; and 3
8383 (3)(A) The candidate receiving the greatest number of votes for 4
8484 the office at the general election or special election shall be declared the 5
8585 winner of the general election or special election. 6
8686 (B)(i) If only one (1) candidate for an office will be 7
8787 listed on the general election ballot or special election ballot, the 8
8888 candidate shall be declared elected, his or her name shall not appear on the 9
8989 general election or special election ballot, and the name of the candidate 10
9090 declared elected shall be certified as elected in the same manner as if the 11
9191 candidate had been voted upon at the general election or special election. 12
9292 (ii) If subdivision (a)(3)(B)(i) of this section 13
9393 applies, the general election or special election shall not be held if no 14
9494 other office or issue is on the general election ballot or special election 15
9595 ballot. 16
9696 (b)(1) The election process under subsection (a) of this section shall 17
9797 apply to all elections for: 18
9898 (A) Federal congressional office; 19
9999 (B) State office; 20
100100 (C) County office; and 21
101101 (D) Nonpartisan office, including without limitation: 22
102102 (i) A judicial office; and 23
103103 (ii) The office of prosecuting attorney. 24
104104 (2) The election process under subsection (a) of this section 25
105105 does not apply to elections for: 26
106106 (A) Municipal office; and 27
107107 (B) Local office. 28
108108 (c)(1) The election process under subsection (a) of this section shall 29
109109 not apply to primary elections and general elections for President of the 30
110110 United States. 31
111111 (2)(A) The General Assembly shall provide by law for a 32
112112 presidential primary election to select delegates to attend a quadrennial 33
113113 national nominating convention of a political party to select nominees for 34
114114 President of the United States and Vice President of the United States. 35
115115 (B) Voting at the presidential primary election shall be 36 SJR12
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118118 based on party affiliation. 1
119119 (3)(A) The General Assembly shall provide by law for a process 2
120120 to choose and elect electors for President of the United States and Vice 3
121121 President of the United States. 4
122122 (B) The choice and election of electors for President of 5
123123 the United States and Vice President of the United States may appear on the 6
124124 general election ballot. 7
125125 (d) The General Assembly shall enact all laws necessary to implement 8
126126 this amendment, including without limitation laws concerning: 9
127127 (1) The process for filing as a candidate for a primary 10
128128 election, special primary election, and election for nonpartisan office, 11
129129 including without limitation the process for filing as an unaffiliated 12
130130 candidate; 13
131131 (2) Procedures for conducting primary elections, general 14
132132 elections, elections for nonpartisan office, and special elections, including 15
133133 without limitation a process for: 16
134134 (A) Resolving tie votes; and 17
135135 (B) Determining when and if candidate vacancies may be 18
136136 filled at primary elections, general elections, elections for nonpartisan 19
137137 office, and special elections; 20
138138 (3) When primary elections, general elections, elections for 21
139139 nonpartisan office, and special elections shall occur; 22
140140 (4) The process for filing as a candidate at a presidential 23
141141 primary election; 24
142142 (5) The date a presidential primary election shall occur; 25
143143 (6) Procedures for conducting a presidential primary election; 26
144144 (7) The process for electors for President of the United States 27
145145 and Vice President of the United States to file for inclusion on the ballot; 28
146146 (8) When the choice and election of electors for President of 29
147147 the United States and Vice President of the United States shall occur; 30
148148 (9) Procedures for conducting an election to choose and elect 31
149149 electors for President of the United States and Vice President of the United 32
150150 States; 33
151151 (10) The process for filing as a write -in candidate; and 34
152152 (11) Other matters deemed necessary by the General Assembly for 35
153153 the implementation of this amendment. 36 SJR12
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156156 1
157157 SECTION 2. Arkansas Constitution, Article 3, § 13, is repealed. 2
158158 § 13. Procedures for elections with one candidate. 3
159159 (a) As used in this section, “election” means: 4
160160 (1) A primary election; 5
161161 (2) A special primary election; 6
162162 (3) A general election; and 7
163163 (4) A special election. 8
164164 (b) The General Assembly may enact laws providing that if there is 9
165165 only one (1) person qualified as a candidate for an office after all 10
166166 deadlines for filing as a candidate have passed so that there will be only 11
167167 one (1) name listed on the election ballot for the office and no write -in 12
168168 candidates qualify to appear as candidates for the office on the election 13
169169 ballot: 14
170170 (1) The one (1) candidate for the office shall be declared 15
171171 elected and his or her name shall not appear on the election ballot; 16
172172 (2) The name of the candidate declared elected shall be 17
173173 certified as elected in the same manner as if the candidate had been voted 18
174174 upon at the election; and 19
175175 (3) The election shall not be held if no other office or issue 20
176176 is on the election ballot. 21
177177 22
178178 SECTION 3. Arkansas Constitution, Amendment 29, Section 5, is amended 23
179179 to read as follows: 24
180180 § 5. Election to fill — Placing names on ballots. 25
181181 Only the names of candidates for office nominated by an organized 26
182182 political party at a convention of delegates, or by a majority of all the 27
183183 votes cast for candidates for the office in a primary election, or by 28
184184 petition of electors as provided by law, shall be placed on the ballots in 29
185185 any election. 30
186186 31
187187 SECTION 4. EFFECTIVE DATE. This amendment is effective on and after 32
188188 January 1, 2027, and shall be applicable to elections occurring on and after 33
189189 January 1, 2028. 34
190190 35
191191 SECTION 5. BALLOT TITLE AND POPULAR NAME. When this proposed 36 SJR12
192192
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194194 amendment is submitted to the electors of this state on the general election 1
195195 ballot: 2
196196 (1) The title of this joint resolution shall be the ballot 3
197197 title; and 4
198198 (2) The popular name shall be "A Constitutional Amendment 5
199199 Requiring the General Assembly to Establish by Law a Revised Election 6
200200 Process; Requiring the General Assembly to Establish by Law an Election 7
201201 Process in which Candidates at a Primary Election, Special Primary Election, 8
202202 or Election for Nonpartisan Office Appear on a Single Ballot Regardless of 9
203203 Political Party Affiliation and the Top Two Candidates Advance to the General 10
204204 Election or Special Election; and Requiring the General Assembly to Establish 11
205205 by Law a Process Based on Party Affiliation for Selecting Delegates to Attend 12
206206 a Quadrennial National Nominating Convention of a Political Party to Select a 13
207207 Nominee for the Office of President of the United States and a Process for 14
208208 Choosing and Electing Electors for President of the United States and Vice 15
209209 President of the United States.". 16
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