Tuesday, July 15, 2008

ARKANSAS LAW ON ALCOHOLIC BEVERAGES 7-5-103

A.C.A. § 7-5-103

West's Arkansas Code Annotated Currentness 
Title 7. Elections 
+ Chapter 5. Election Procedure Generally (Refs & Annos) 
+ Subchapter 1. General Provisions
>" title="Current Section" border="0">§ 7-5-103. Special elections


(a)(1) All special elections to fill vacancies in an office shall be called by proclamation, ordinance, resolution, or order of the appropriate constituted authority.

(2) The proclamation, ordinance, resolution, or order shall be published as soon as practicable in a newspaper of general circulation in which the special election is held and the proclamation, ordinance, resolution, or order shall establish:
(A) The date of the election;
(B) The date of the primary election, if any;
(C) The deadline for filing party certificates and political practices pledges, if required, with the county clerk or Secretary of State, as the case may be, if applicable;
(D) The deadline for party conventions to select nominees, if applicable;
(E) The deadline for parties to issue certificates of nomination, if applicable;
(F) The deadline for candidates to file certificates of nomination, if applicable, and political practices pledges with the county clerk or Secretary of State, as the case may be;
(G) The deadline for filing as an independent candidate and the period in which petitions for independent candidacy may be circulated;
(H) The deadline for filing as a write-in candidate, if applicable;
(I) The deadline for drawing for ballot position by the appropriate committee or election commission, as the case may be; and
(J) The date the election shall be certified by the county board of election commissioners in each county in which the election takes place and, if applicable, by the Secretary of State.
(3)(A) All special elections to fill vacancies in office shall be held on the second Tuesday of any month.
(B)(i) Special elections under this section in which a presidential preferential primary election, preferential primary election, general primary election, or general election is scheduled to occur shall be held on the date of the presidential preferential primary election, preferential primary election, general primary election, or general election.
(ii) If a special election to fill a vacancy in office is held on the date of the presidential preferential primary election, preferential primary election, or general primary election, the names of the candidates in the special election shall be included on the ballot of each political party, and the portion of the ballot on which the special election appears shall be labeled with a heading stating "SPECIAL ELECTION FOR .........." with the name of the office set out in the heading.
(iii) However, separate ballots containing the names of the candidates to be voted on at the special election, nonpartisan judicial elections, if applicable, and any other measures or questions that may be presented for a vote shall be prepared and made available to voters requesting a separate ballot.
(iv) No voter shall be required to vote in a political party's presidential preferential primary, preferential primary, or general primary in order to be able to vote in the special election.
(C)(i) If the special election is held at the same time as the general election, the names of the candidates in the special election shall be included on the general election ballot, and the portion of the ballot on which the special election appears shall be labeled with a heading stating "SPECIAL ELECTION FOR .........." with the name of the office set out in the heading.
(ii) The county board of election commissioners may include the special election on a separate ballot if the special election is held at the same time as the general election and if the commission determines that a separate ballot is necessary to avoid voter confusion.
(D) A special election to fill a vacancy in office shall be held not less than sixty-five (65) days following the date in the proclamation, ordinance, resolution, or order for drawing for ballot position when the special election is to be held on the date of the presidential preferential primary election, preferential primary election, general primary election, or general election.
(4) If the special election is not held at the same time as a presidential preferential primary election, preferential primary election, general primary election, or general election, the special election shall be held not less than fifty (50) days following the date in the proclamation, ordinance, resolution, or order for drawing for ballot position.
(5)(A) All special primary elections required for an election to fill a vacancy in office shall be held on the second Tuesday of any month, and special primary elections held under this section in months in which a presidential preferential primary election, preferential primary election, general primary election, or general election is scheduled to occur shall be held on the date of the presidential preferential primary election, preferential primary election, general primary election, or general election.
(B) If a special primary election in conjunction with an election to fill a vacancy in office is held on the date of the presidential preferential primary election, preferential primary election, general primary election, or general election, the candidates to be voted upon at the special election shall be included on the ballot of each political party or the general election ballot, as the case may be, and the portion of the ballot on which the special primary election appears shall be labeled with a heading stating "SPECIAL PRIMARY ELECTION FOR.........." with the name of the party for which nomination is sought and the office set out in the heading.
(C) The county board of election commissioners may include the special primary election on a separate ballot if the special primary election is held at the same time as a presidential preferential primary election, preferential primary election, general primary election, or general election and if the commission determines that a separate ballot is necessary to avoid voter confusion.
(6) A special primary election shall be held not less than sixty-five (65) days following the date in the proclamation, ordinance, resolution, or order for drawing for ballot position when the special election is to be held on the date of the presidential preferential primary election, preferential primary election, general primary election, or general election.
(7)(A) If the special primary election is not held at the same time as a presidential preferential primary election, preferential primary election, general primary election, or general election, the special election shall be held not less than fifty (50) days following the date in the proclamation, ordinance, resolution, or order for drawing for ballot position.
(B) When a special primary election is called to select nominees for a special election to fill a vacancy in office, the nominee shall be the person who receives the highest number of votes in the special primary election. There shall be no runoff after a special primary election.
(8) In addition to the publication of the proclamation, ordinance, resolution, or order required by the provisions of this section, notice of special elections to fill vacancies called under this section shall be published and posted under §§ 7-5-202 and 7-5-206.

(b)(1) Except for special school elections held under § 6-14-102(d), all special elections on measures or questions referred to the voters shall be called by proclamation, ordinance, resolution, or order of the properly constituted authority.

(2) The proclamation, ordinance, resolution, or order shall set forth:
(A) The date of the special election;
(B) The full text of any measure or question for which the election is called;
(C) Any ballot title for the measure or question for which the election is called; and
(D) Any other information as may be required by law.
(3) All special elections on measures or questions shall be held on the second Tuesday of any month, except special elections held under this section in a month in which a presidential preferential primary election, preferential primary election, general primary election, or general election is scheduled to occur shall be held on the date of the presidential preferential primary election, preferential primary election, general primary election, or general election. Special elections scheduled to occur in a month in which the second Tuesday is a legal holiday shall be held on the third Tuesday of the month.
(4)(A) If a special election is held on the date of the presidential preferential primary election, preferential primary election, or general primary election, the issue or issues to be voted upon at the special election shall be included on the ballot of each political party. The portion of the ballot containing the special election shall be labeled with a heading stating "SPECIAL ELECTION ON .........." with a brief description of the measure or question to be decided in the election.
(B) However, separate ballots containing the issue or issues or candidates to be voted on at the special election and candidates for nonpartisan judicial office shall be prepared and made available to voters requesting a separate ballot.
(C) No voter shall be required to vote in a political party's presidential preferential primary, preferential primary, or general primary in order to be able to vote in the special election.
(5) A special election shall be held not less than sixty-five (65) days following the date that the ordinance or resolution is adopted or the date the proclamation or order is issued when the special election is to be held on the date of the presidential preferential primary election, preferential primary election, general primary election, or general election.
(6) If the special election is not held at the same time as a presidential preferential primary election, preferential primary election, general primary election, or general election, the special election shall be held not less than fifty (50) days following the date that the proclamation, ordinance, resolution, or order is published.
(7) Notice of the election shall be published and posted in accordance with § 7-5-202§ 7-5-206, or as may be otherwise provided by Arkansas law.

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