Stricken language would be deleted from and underlined language would be added to the Arkansas
Constitution.
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State of Arkansas 1
95th General Assembly 2
Regular Session, 2025 SJR 12 3
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By: Senator C. Tucker 5
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SENATE JOINT RESOLUTION 8
AN AMENDMENT TO THE ARKANSAS CONSTITUTION REQUIRING 9
THE GENERAL ASSEMBLY TO ESTABLISH BY LAW A REVISED 10
ELECTION PROCESS; REQUIRING THE GENERAL ASSEMBLY TO 11
ESTABLISH BY LAW AN ELECTION PROCESS IN WHICH 12
CANDIDATES AT A PRIMARY ELECTION, SPECIAL PRIMARY 13
ELECTION, OR ELECTION FOR NONPARTISAN OFFICE APPEAR 14
ON A SINGLE BALLOT REGARDLESS OF POLITICAL PARTY 15
AFFILIATION AND THE TOP TWO CANDIDATES FOR EACH 16
OFFICE ADVANCE TO THE GENERAL ELECTION OR SPECIAL 17
ELECTION; AND REQUIRING THE GENERAL ASSEMBLY TO 18
ESTABLISH BY LAW A PROCESS BASED ON PARTY AFFILIATION 19
FOR SELECTING DELEGATES TO ATTEND A QUADRENNIAL 20
NATIONAL NOMINATING CONVENTION OF A POLITICAL PARTY 21
TO SELECT A NOMINEE FOR THE OFFICE OF PRESIDENT OF 22
THE UNITED STATES AND A PROCESS FOR CHOOSING AND 23
ELECTING ELECTORS FOR PRESIDENT OF THE UNITED STATES 24
AND VICE PRESIDENT OF THE UNITED STATES. 25
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Subtitle 28
AN AMENDMENT TO THE ARKANSAS 29
CONSTITUTION REQUIRING THE GENERAL 30
ASSEMBLY TO ESTABLISH BY LAW A REVISED 31
ELECTION PROCESS. 32
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BE IT RESOLVED BY THE SENATE OF THE NINETY -FIFTH GENERAL ASSEMBLY OF THE 34
STATE OF ARKANSAS, AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL 35
MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO: 36 SJR12
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1
THAT the following is proposed as an amendment to the Constitution of 2
the State of Arkansas, and upon being submitted to the electors of the state 3
for approval or rejection at the next general election for Representatives 4
and Senators, if a majority of the electors voting thereon at the election 5
adopt the amendment, the amendment shall become a part of the Constitution of 6
the State of Arkansas, to wit: 7
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SECTION 1. The Arkansas Constitution is amended to add an additional 9
amendment to read as follows: 10
§ 1. Election process for general elections, special elections, and 11
elections for nonpartisan office. 12
(a) The General Assembly shall enact laws establishing an election 13
process for general elections, special elections, and elections for 14
nonpartisan office in which: 15
(1)(A) The names of all persons who have filed as candidates for 16
a primary election, special primary election, or election for nonpartisan 17
office shall be listed on a single ballot, regardless of political party. 18
(B) The political party affiliation, if any, of each 19
candidate shall appear on the ballot beside the name of each candidate at an 20
election for partisan office. 21
(C)(i) A candidate who is unaffiliated with a political 22
party shall appear on the primary election ballot or special primary election 23
ballot. 24
(ii) The word "Independent" shall appear on the 25
ballot beside the name of an unaffiliated candidate; 26
(2)(A) The two (2) candidates receiving the greatest number of 27
votes cast for each office at the primary election, special primary election, 28
or election for nonpartisan office shall advance to the general election or 29
special election, regardless of each candidate's political party affiliation, 30
if any. 31
(B) If only one (1) or two (2) persons file as candidates 32
for an office at a primary election, special primary election, or election 33
for nonpartisan office, the candidate or candidates shall automatically 34
advance to the general election or special election. 35
(C) The General Assembly may provide by law that if one 36 SJR12
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(1) candidate receives a specified percentage of the vote for an office at a 1
special primary election, only that one (1) candidate shall advance to the 2
special election; and 3
(3)(A) The candidate receiving the greatest number of votes for 4
the office at the general election or special election shall be declared the 5
winner of the general election or special election. 6
(B)(i) If only one (1) candidate for an office will be 7
listed on the general election ballot or special election ballot, the 8
candidate shall be declared elected, his or her name shall not appear on the 9
general election or special election ballot, and the name of the candidate 10
declared elected shall be certified as elected in the same manner as if the 11
candidate had been voted upon at the general election or special election. 12
(ii) If subdivision (a)(3)(B)(i) of this section 13
applies, the general election or special election shall not be held if no 14
other office or issue is on the general election ballot or special election 15
ballot. 16
(b)(1) The election process under subsection (a) of this section shall 17
apply to all elections for: 18
(A) Federal congressional office; 19
(B) State office; 20
(C) County office; and 21
(D) Nonpartisan office, including without limitation: 22
(i) A judicial office; and 23
(ii) The office of prosecuting attorney. 24
(2) The election process under subsection (a) of this section 25
does not apply to elections for: 26
(A) Municipal office; and 27
(B) Local office. 28
(c)(1) The election process under subsection (a) of this section shall 29
not apply to primary elections and general elections for President of the 30
United States. 31
(2)(A) The General Assembly shall provide by law for a 32
presidential primary election to select delegates to attend a quadrennial 33
national nominating convention of a political party to select nominees for 34
President of the United States and Vice President of the United States. 35
(B) Voting at the presidential primary election shall be 36 SJR12
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based on party affiliation. 1
(3)(A) The General Assembly shall provide by law for a process 2
to choose and elect electors for President of the United States and Vice 3
President of the United States. 4
(B) The choice and election of electors for President of 5
the United States and Vice President of the United States may appear on the 6
general election ballot. 7
(d) The General Assembly shall enact all laws necessary to implement 8
this amendment, including without limitation laws concerning: 9
(1) The process for filing as a candidate for a primary 10
election, special primary election, and election for nonpartisan office, 11
including without limitation the process for filing as an unaffiliated 12
candidate; 13
(2) Procedures for conducting primary elections, general 14
elections, elections for nonpartisan office, and special elections, including 15
without limitation a process for: 16
(A) Resolving tie votes; and 17
(B) Determining when and if candidate vacancies may be 18
filled at primary elections, general elections, elections for nonpartisan 19
office, and special elections; 20
(3) When primary elections, general elections, elections for 21
nonpartisan office, and special elections shall occur; 22
(4) The process for filing as a candidate at a presidential 23
primary election; 24
(5) The date a presidential primary election shall occur; 25
(6) Procedures for conducting a presidential primary election; 26
(7) The process for electors for President of the United States 27
and Vice President of the United States to file for inclusion on the ballot; 28
(8) When the choice and election of electors for President of 29
the United States and Vice President of the United States shall occur; 30
(9) Procedures for conducting an election to choose and elect 31
electors for President of the United States and Vice President of the United 32
States; 33
(10) The process for filing as a write -in candidate; and 34
(11) Other matters deemed necessary by the General Assembly for 35
the implementation of this amendment. 36 SJR12
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1
SECTION 2. Arkansas Constitution, Article 3, § 13, is repealed. 2
§ 13. Procedures for elections with one candidate. 3
(a) As used in this section, “election” means: 4
(1) A primary election; 5
(2) A special primary election; 6
(3) A general election; and 7
(4) A special election. 8
(b) The General Assembly may enact laws providing that if there is 9
only one (1) person qualified as a candidate for an office after all 10
deadlines for filing as a candidate have passed so that there will be only 11
one (1) name listed on the election ballot for the office and no write -in 12
candidates qualify to appear as candidates for the office on the election 13
ballot: 14
(1) The one (1) candidate for the office shall be declared 15
elected and his or her name shall not appear on the election ballot; 16
(2) The name of the candidate declared elected shall be 17
certified as elected in the same manner as if the candidate had been voted 18
upon at the election; and 19
(3) The election shall not be held if no other office or issue 20
is on the election ballot. 21
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SECTION 3. Arkansas Constitution, Amendment 29, Section 5, is amended 23
to read as follows: 24
§ 5. Election to fill — Placing names on ballots. 25
Only the names of candidates for office nominated by an organized 26
political party at a convention of delegates, or by a majority of all the 27
votes cast for candidates for the office in a primary election, or by 28
petition of electors as provided by law, shall be placed on the ballots in 29
any election. 30
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SECTION 4. EFFECTIVE DATE. This amendment is effective on and after 32
January 1, 2027, and shall be applicable to elections occurring on and after 33
January 1, 2028. 34
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SECTION 5. BALLOT TITLE AND POPULAR NAME. When this proposed 36 SJR12
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amendment is submitted to the electors of this state on the general election 1
ballot: 2
(1) The title of this joint resolution shall be the ballot 3
title; and 4
(2) The popular name shall be "A Constitutional Amendment 5
Requiring the General Assembly to Establish by Law a Revised Election 6
Process; Requiring the General Assembly to Establish by Law an Election 7
Process in which Candidates at a Primary Election, Special Primary Election, 8
or Election for Nonpartisan Office Appear on a Single Ballot Regardless of 9
Political Party Affiliation and the Top Two Candidates Advance to the General 10
Election or Special Election; and Requiring the General Assembly to Establish 11
by Law a Process Based on Party Affiliation for Selecting Delegates to Attend 12
a Quadrennial National Nominating Convention of a Political Party to Select a 13
Nominee for the Office of President of the United States and a Process for 14
Choosing and Electing Electors for President of the United States and Vice 15
President of the United States.". 16
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