§ 7-6-102 — Political practices pledge - Penalty for falsification

(a) (1) Candidates for political party nominations for state or district offices shall file with the Secretary of State and candidates for county, municipal, or township offices shall file with the county clerk of the county during the filing period set out in § 7-7-203 for the preferential primary election a pledge in writing stating that they are familiar with the requirements of §§ 7-1-103 , 7-1-104 , 7-3-108 , 7-6-101 , 7-6-103 , 7-6-104 , and this section and will comply in good faith with their terms. (2) An independent candidate or school district candidate shall file the political practices pledge at the time of filing the petition for nomination. (3) Independent candidates for municipal office shall file the political practices pledge with the county clerk at the time of filing the petition for nomination. (4) Write-in candidates shall file the political practices pledge at the time of filing the notice to be a write-in candidate. (5) A nonpartisan candidate paying filing fees in accordance with § 7-10-103(b) shall file the political practices pledge at the time of filing for office. (6) A nonpartisan candidate filing by petition according to § 7-10-103(c) shall file the political practices pledge at the time of filing the petition. (b) All political practices pledge forms for state or district offices and county, municipal, or township offices shall contain the following additional pledge: "I hereby certify that I have never been convicted of a felony in Arkansas or in any other jurisdiction outside of Arkansas." (c) Any person who has been convicted of a felony and signs the pledge stating that he or she has not been convicted of a felony shall be guilty of a Class D felony. (d) For purposes of this section, a person shall be qualified to be a candidate for a state, district, county, municipal, and township office and may certify that he or she has never been convicted of a felony if his or her record was expunged in accordance with §§ 16-93-301 - 16-93-303 , or a similar expunction statute in another state if the candidate presents a certificate of expunction from the court that convicted the candidate. (e) (1) The name of a candidate who fails to sign and file the pledge shall not appear on the ballot. (2) (A) Within two (2) days of the date the pledge is required to be filed, the Secretary of State or the county clerk shall notify by certified mail that requires a return receipt signed by the candidate those candidates who have failed to file a signed political practice pledge and include a copy of the written pledge required by this section. (B) Failure of the state or district candidate to file with the Secretary of State or of the county, municipal, or township candidate to file with the county clerk within five (5) days of receipt or refusal of this notice shall prevent the candidate's name from appearing on the ballot.

Legislative History

Amended by Act 2013, No. 1110,§ 6, eff. 8/16/2013. Acts 1969, No. 465, Art. 11, § 3; 1970 (Ex. Sess.), No. 27, § 1; 1972 (Ex. Sess.), No. 37, § 3; 1972 (Ex. Sess.), No. 42, § 3; 1983, No. 244, § 1; A.S.A. 1947, §§ 3-1103, 3-1103.1; Acts 1987, No. 248, § 10; 1989, No. 755, § 1; 1989, No. 912, § 3; 1995, No. 665, § 2; 1997, No. 886, § 1; 2003, No. 542, § 1; 2003, No. 1731, § 2; 2005, No. 67, § 15; 2007, No. 222, § 1; 2007, No. 1049, § 20.