§ 7-11-302 — Special procedures for vacancies filled under Arkansas Constitution, Amendment 29

Whenever a vacancy in office is to be filled under Arkansas Constitution, Amendment 29, the following shall apply: (1) The Governor shall issue a proclamation calling an election to fill a vacancy; (2) If the vacancy occurs less than one hundred eighty (180) days before a general election at which the vacancy is to be filled and the position is one that may be filled by partisan election, the political parties shall choose their nominees at a convention of delegates held in accordance with the party rules for the convention; (3) If the vacancy occurs more than one hundred eighty (180) days before the general election and is a position that may be filled by partisan election, the Governor shall certify in writing to the state committees of the respective political parties the fact of vacancy and shall request the respective state committees to make a determination and notify him or her in writing within ten (10) days with respect to whether the political parties desire to hold a special primary election or a convention of delegates under party rules to choose nominees; (4) If the state committee of any political party shall timely notify the Governor that it chooses to hold a special primary election, it is mandatory that any political party desiring to choose a nominee shall choose the nominee at a special primary election, and the Governor's proclamation shall set dates for both the special primary election and for any runoff primary election to be held if no candidate receives a majority of the vote at the special primary election; and (5) If no state committee of any political party timely notifies the Governor of the desire to hold either a primary election or convention of delegates, the Governor, in issuing his or her proclamation calling for the special election, shall declare that the nominee of any political party shall be chosen at a convention of delegates.

Legislative History

Acts 2009, No. 1480, § 47.