§ Ark. Code § 7-11-205(untitled)

Dates of special elections on measures and questions — Exceptions —
Separate ballots — Definition.
(a)(1) Except as provided in subdivision (a)(2) of this section, all special elections on measures
or questions referred to the voters by governmental entities as authorized by law shall be held on
the:
(A) First Tuesday after the first Monday in March; or
(B) Second Tuesday of November.
(2)(A) Special elections scheduled to occur on a legal holiday:
(i) In March on the first Tuesday after the first Monday shall be held on the second Tuesday
of the month; and
(ii) In November on the second Tuesday shall be held on the third Tuesday of the month.
(B) Special elections held in months in which a preferential primary election or general
election is scheduled to occur shall be held on the date of the preferential primary election or
general election.
(C) A special election on a measure or question may be scheduled on the second Tuesday of
a month, other than the months provided in subdivision (a)(1) of this section, if necessary to
comply with the requirements of Arkansas Constitution, Article 5, § 1.
(b)(1) An emergency special election may be held on a date other than the dates specified under
subsection (a) of this section.
(2) An emergency special election may be held on the second Tuesday of any month, other than
the month following a preferential primary election or general election, when two-thirds (2⁄3) of all
the members elected to the governing entity have determined that an emergency exists.
Previous
Next Page
SPECIAL ELECTIONS
7-11-301
(3) As used in this subsection, “emergency” means that:
(A) A substantial change has occurred in:
(i) The interpretation of the law by the federal or state courts which if not addressed by an
election will render the governing entity incapable of performing its lawful duties and
obligations;
(ii) Circumstances due to a fire, flood, tornado, or other natural disaster which if not
addressed by an election will render the governing entity financially incapable of performing
its lawful duties and obligations; or
(iii) Circumstances that the governing body of the entity requesting the election has
determined to be an imminent danger to public health and safety; and
(B) A delay of the emergency special election until the next date under this section would
cause a substantial and undue hardship to the governing entity or a threat to the public peace,
health, and safety.
(4)(A) A qualified elector for an emergency special election may 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 under this subsection.
(B) If the court determines circumstances do not exist that permit the governing entity to
call an emergency special election:
(i) The emergency special election shall not occur; or
(ii) If the emergency special election has already occurred, any measure approved in the
emergency special election shall be void.
(C) A challenge filed under subdivision (b)(4)(A) of this section may not be filed more than
thirty (30) days from the date the document calling for the special election being challenged is
filed with the county clerk.
(c)(1) If a special election is held on the date of the preferential primary election, the issue or
issues to be voted upon at the special election shall be included on the ballot of each political
party.
(2) 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.
(d) Separate ballots containing the issue or issues 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.
(e) A voter shall not be required to vote in a political party’s preferential primary in order to
be able to vote in the special election.
(f) A special election shall be held not less than seventy (70) days following the date that the
proclamation, ordinance, resolution, order, or other authorized document is filed with the county
clerk.