Filling vacancies in elective offices

  1. Law
  2. Arkansas Code
  3. Local Government
  4. County Government
  5. County Government Code
  6. Officers Generally
  7. Filling vacancies in elective offices

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  1. (a)

    1. (1) County Elective Offices. Vacancies in all county elective offices shall be filled by the county quorum court through the process of resolution as prescribed by law.

    2. (2) Eligibility Requirements and Term of Office.

      1. (A) Qualifications. All officers appointed to fill a vacant county elective office shall meet all of the requirements for election to that office.

      2. (B) Requirements. All officers appointed by a quorum court shall subscribe to the oath of office, be commissioned, and be bonded as prescribed by law.

      3. (C)

        1. (i) Persons Ineligible for Appointment. Any member of the quorum court shall be ineligible for appointment to fill any vacancy occurring in any county office, and resignation shall not remove the ineligibility. Husbands and wives of justices of the peace and relatives of the justices or their husbands and wives within the fourth degree of consanguinity or affinity shall likewise be ineligible.

        2. (ii) Any county elected officer who resigns during a term of office shall be ineligible for appointment to any county elective office during the term for which he or she resigned.

      4. (D) Term of Office. All officers so appointed shall serve until their successor is elected and qualified.

      5. (E) Successive Terms of Appointed Officer Prohibited. A person appointed to fulfill a vacant or unexpired term of an elective county office shall not be eligible for appointment or election to succeed himself or herself.

  2. (b) Elective Township Offices. All vacancies in elective township offices, including justice of the peace offices, shall be filled by the Governor.

  3. (c) Emergency Vacancies.

    1. (1)

      1. (A) During a declaration of an emergency or circumstances that warrant a declaration of an emergency under § 12-75-107 or § 12-75-108, a vacancy in the office of county judge due to death or disability to the degree of inability to perform the duties of office shall be temporarily filled by executive order of the county judge issued prior to the incapacity of the county judge, designating three (3) persons in succession to fill the vacancy of the office of county judge on an interim basis until such time as the vacancy is filled by the quorum court as provided by this chapter or the disability of the county judge is abated.

      2. (B) Persons so designated shall be listed in succession and may be identified by title or position.

      3. (C) The death or disability of a person in the line of succession shall result in disqualification of the person and appointment of the next successive person.

    2. (2)

      1. (A) During a declaration of an emergency or circumstances that warrant a declaration of emergency under § 12-75-107 or § 12-75-108, a vacancy in the office of sheriff due to death or disability to the degree of inability to perform the duties of office shall be temporarily filled by a policy statement of the sheriff issued prior to the incapacity of the sheriff and adopted by resolution of the quorum court, designating three (3) persons in succession to fill the vacancy in the office of sheriff on an interim basis until such time as the vacancy is filled by the quorum court as provided by this chapter or the disability of the sheriff is abated.

      2. (B) Persons so designated by the sheriff shall be listed in succession and may be identified by title or position.

      3. (C) The death or disability of a person in the line of succession shall result in disqualification of the person and appointment of the next successive person.

      4. (D) The sheriff shall affix his or her signature to the policy statement and to the resolution of the quorum court to signify that the line of succession for the office of sheriff is in accordance with his or her authority.

    3. (3)

      1. (A) The county judge and the sheriff shall file the executive order and the resolution with policy statement under subdivisions (c)(1) and (2) of this section with the county clerk, and a file-marked copy shall be provided to the Director of the Division of Emergency Management no later than sixty (60) days from the beginning of the elected term of office.

      2. (B) Members of the quorum court are not eligible to fill the vacancy in the office of county judge or sheriff under this section.


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