Signed by Governor Asa Hutchinson

Vote Smart's Synopsis:

Vote to pass a bill that establishes uniform dates for holding special elections.

Highlights:

• Requires the order in which the names of the respective candidates are to appear on the ballot to be determined by lot at the public meeting of the county board of election commissioners held no later than (Sec. 3.k):

• The deadline to conduct the ballot draw for the preferential primary or general election for an annual school election held in even-numbered years;

• The 7th day of March for an annual school election held on the second Tuesday in May of an odd-numbered year; and

• 72 days before an annual school election held on the second Tuesday of November of an odd-numbered year.

• Requires the local board or acting local board to publish a proclamation at least 90 days before the election date (Sec. 5.B).

• Requires all special elections to fill vacancies in office and associated special primary elections to be held on the second Tuesday of (Sec. 8.a-1.A):

• March, May, August, or November in a year when a presidential election is held; and

• February, May, August, or November of all other years.

• Authorizes an emergency special election to be held on the second Tuesday of any month, other than the month following a preferential primary election or general election, when 2/3rds of all the members elected to the governing entity have determined that (Sec. 10-2.D):

• An event has occurred that constitutes a substantial change in circumstances; and

• A delay of the emergency special election until the next date under this section, would cause substantial and undue hardship to the governing entity or a threat to the public peace, health, and safety.

• Authorizes a qualified elector for an emergency special election to file an action in the circuit court of the county in which the document calling for the emergency special election is filed to ask the court to determine if circumstances exist that permit the governing entity to call an emergency special election. The following circumstances apply (Sec. 10-2.E):

• If the court determines circumstances do not exist that permit the governing entity to call an emergency special election:

• The emergency special election will not occur; or

• If the emergency special election has already occurred, any measure approved in the emergency special election shall be void; and

• A challenge may not be filed more than 30 days from the date the document calling for the special election being challenged is filed with the county clerk.

Full Bill Text