AAC
LEGAL CORNER
Arkansas lawmakers focus on elections in 2019 General Session
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hile the Arkansas General Session of 2019 issue on the ballot; mere political saw several headliner legislative topics, rhetoric is not included in the defsuch as transformation, transportation, inition of prohibited electioneertax reform, and public safety, one area ing. The United States Supreme in which numerous bills were filed, but largely flew under Court has recently said that such LINDSEY BAILEY the public’s radar, was elections. In addition to the defeat broad prohibitions infringed on General Counsel of various elections-related bills that would have resulted in First Amendment rights, and Act unfunded mandates to the counties and inefficient or unsus533 brings Arkansas in complitainable voting procedures, this session brought more than ance with that decision. Acts 207 a handful of successful bills to make elections in Arkansas and 642 also provide clarification and uniformity, estabmore uniform, efficient, and transparent. lishing that all city and county runoff elections are to be Act 597, effective July 1, 2019, was the County Clerks held four weeks after the general election. Association’s legislative package condensed into one bill, One of the major objectives for the counties in electionsled by Rep. Jusrelated legislation tin Boyd and Sen. was to increase effiBob Ballinger. For ciency. Act 199 prohile the Arkansas General Session of 2019 saw the sake of uniforvides that if a county mity and efficiency, has more than 15 several headliner legislative topics, such as transthis bill eliminated sample ballots, they different and conformation, transportation, tax reform, and public safety, one no longer have to fusing candidate post all of the sample area in which numerous bills that would have resulted in filing periods and ballots on the wall of signature petition every polling place. unfunded mandates to the counties and inefficient or unsuscirculation periRather, the county ods in the county may post the sample tainable voting procedures, this session brought more than a clerk’s office. Now, ballots online, and all candidates who handful of sucessful bills to make elections in Arkansas more then have at each file for office with polling site accessible the county clerk to voters either two uniform, efficient, and transparent. will file during the bound volumes of same one-week filthe sample ballots or ing period, either one bound volume one week designated before the primary or one week desigand one version of the sample ballots that is available on nated before the general election. Additionally, all signature an electronic device. Other acts that will save taxpayer dolpetitions filed in the county clerk’s office will have a 91-day lars are Acts 328, which allows high school students to be circulation period. Act 597 also clarified that unopposed trained and perform election official duties, and Act 539, school board candidates do not have to be placed on the which allows poll workers to work on a voluntary basis if ballot and requires a school district wishing to change their they waive their right to payment. annual school election date to provide a 100-day notice to Act 1013 was the result of a smart compromise on a bill the county clerk prior to the primary filing period before that would have cost the counties unnecessary dollars, and doing so. the voter unnecessary time in the voting booth. Formerly There were also several acts passed this session that proHB1460, the bill sought to add all unopposed candidates vide clarification in the elections process. Act 533 clarifies back on the ballot, going against what the people voted on what is and is not considered prohibited “electioneering” in Amendment 95, and what the General Assembly nearly at or within 100 feet of a polling site. Prohibited electionunanimously passed in Act 730 of 2017. An end of session eering must specifically reference a particular candidate or compromise resulted in Act 1013 putting only statewide
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COUNTY LINES, SPRING 2019
