Ballots — Names included — Draw for ballot position

  1. Law
  2. Arkansas Code
  3. Elections
  4. Election Procedure Generally
  5. Preelection Proceedings
  6. Ballots — Names included — Draw for ballot position

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  1. (a)

    1. (1) Except as provided in subdivision (a)(2) of this section, all election ballots provided by the county board of election commissioners of any county in this state for any election shall contain in the proper place the name of every candidate whose nomination for any office to be filled at that election has been certified to the county board of election commissioners and shall not contain the name of any candidate or person who has not been certified.

    2. (2)

      1. (A) Except as provided in subdivision (a)(2)(B) of this section, unopposed candidates for all offices, including school board positions, shall be declared and certified elected without the necessity of including those names on the general election ballot.

      2. (B)

        1. (i) In an election in which one (1) or more candidates are unopposed, the phrase “unopposed candidates” shall appear on the ballot, adjacent to a place in which the voter may cast a vote for all unopposed candidates by placing an appropriate mark.

        2. (ii) Votes received by an unopposed candidate in any election in this state may be counted or tabulated by the election officials for administrative purposes, but shall not be certified unless otherwise provided by law.

        3. (iii) Votes received by an unopposed candidate for the office of Governor, Mayor, Circuit Clerk, City Clerk, or the office of a nonjudicial state elected official shall be counted or tabulated by the election officials and certified according to law.

        4. (iv) The names of all unopposed candidates for the office of Mayor, Governor, Circuit Clerk, City Clerk, and the office of a nonjudicial state elected official shall be separately placed on the general election ballot, and the votes for Mayor, Governor, Circuit Clerk, City Clerk, and a nonjudicial state elected official shall be tabulated as in all contested races.

        5. (v) All unopposed candidates, other than for the offices of Mayor, Governor, Circuit Clerk, City Clerk, and the office of a nonjudicial state elected official, shall be declared and certified as elected in the same manner as if the candidate had been voted upon at the election.

  2. (b) No person's name shall be placed upon the ballot as a candidate for any public office in this state at any election unless the person is qualified and eligible at the time of filing, or as otherwise may be provided by law, as a candidate for the office to hold the public office for which he or she is a candidate, except if a person is not qualified to hold the office at the time of filing because of age alone, the name of the person shall be placed on the ballot as a candidate for the office if the person will qualify to hold the office at the time prescribed by law for taking office.

  3. (c)

    1. (1) The order in which the names of the candidates shall appear on the ballot shall be determined by lot at a public meeting of the county board of election commissioners not less than seventy-two (72) days before the general election.

    2. (2) Notice of the public meeting shall be given by publication in a newspaper of general circulation in the county at least three (3) days before the drawing.

    3. (3) For runoff elections, the ballot order for eligible candidates shall be the same as for the previous election leading to the runoff.

  4. (d)

    1. (1) Adjacent to the name of each candidate in the general election shall be:

      1. (A) His or her party designation; or

      2. (B) The term “INDEPENDENT” if he or she represents no officially recognized party.

    2. (2) Subdivision (d)(1) of this section does not apply to a:

      1. (A) Nonpartisan election; or

      2. (B) Nonpartisan municipal election.


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