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Arkansas General Assembly· HB 1070Died on House Calendar at Sine Die adjournment.

An act TO CREATE THE BALLOT DRAW STANDARDIZATION ACT 10 OF 2025, the official text

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1 State of Arkansas      As Engrossed: H2/27/25 H3/10/25
2 95th General Assembly
                                  A Bill

3 Regular Session, 2025                                        HOUSE BILL 1070

4

5 By: Representatives John Carr, J. Mayberry, Rose, Underwood

6 By: Senator J. Bryant

7

8                        For An Act To Be Entitled

9   AN ACT TO CREATE THE BALLOT DRAW STANDARDIZATION ACT

10  OF 2025; TO AMEND ARKANSAS LAW CONCERNING THE DRAWING

11  OF LOTS TO DETERMINE THE ORDER IN WHICH THE NAMES OF

12  CANDIDATES APPEAR ON THE BALLOT; AND FOR OTHER

13  PURPOSES.

14

15

16                       Subtitle

17                       TO CREATE THE BALLOT DRAW

18                       STANDARDIZATION ACT OF 2025.

19

20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

21

22  SECTION 1. Title. This act shall be known and may be cited as the

23 "Ballot Draw Standardization Act of 2025".

24

25  SECTION 2. Arkansas Code � 6-14-111(j), concerning candidate filing

26 procedures, is amended to read as follows:

27  (j)(1) On the day after the deadline for candidates to file for a

28 position on the board of directors by petition, the county clerk of the

29 county in which the school district is domiciled for administrative purposes

30 shall certify to the county board of election commissioners the names of

31 those candidates who are registered voters in the school district and the

32 electoral zone, if applicable, and who have qualified for the ballot by

33 petition a list of candidates for the board of directors, arranged by

34 contest, with the candidates listed in the order in which they filed their

35 petitions and with the earliest filing candidate listed first.

36  (2) The list under subdivision (j)(1) of this section shall

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1 include the date and time that the candidate's petition was filed.

2

3   SECTION 3. Arkansas Code � 6-14-111(k), concerning candidate filing

4 procedures for school elections, is amended to read as follows:

5   (k)(1) The order in which the names of the respective candidates are

6 to appear on the ballot shall be determined by lot at the public meeting of

7 the county board of election commissioners held not later than:

8                  (1)(A) The deadline to conduct the ballot draw for the

9 preferential primary or general election for an annual school election held

10 in even-numbered years;

11                 (2)(B) The seventh day of March for an annual school

12 election held on the second Tuesday in May of an odd-numbered year; and

13                 (3)(C) Seventy-two (72) days before an annual school

14 election held on the second Tuesday of November of an odd-numbered year.

15              (2)(A) The lot to determine the order in which a candidate's

16 name appears on the ballot shall be drawn by the candidate or his or her

17 designee.

18                 (B)(i) Except as provided in subdivision (k)(2)(B)(ii) of

19 this section, a person shall not be designated to draw by lot for more than

20 one (1) candidate at the public meeting under subdivision (k)(1) of this

21 section to determine the order in which the names of the candidates appear on

22 the ballot.

23                          (ii) If a candidate does not appear in person to

24 draw by lot and does not designate a person to draw by lot on his or her

25 behalf, the lot shall be drawn by a member of the county board of election

26 commissioners or a person designated by the county board of election

27 commissioners.

28                 (C) Lots shall be drawn by contest in the following order

29 as certified to the county board of election commissioners by the Secretary

30 of State or the county clerk:

31                          (i) First, by all candidates who appear in person;

32                          (ii) Second, by all persons designated by a

33 candidate; and

34                          (iii) Third, by members of the county board of

35 election commissioners or persons designated by the county board of election

36 commissioners.

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1

2   SECTION 4. Arkansas Code � 7-5-203(a)(1), concerning the certification

3 of candidate lists, is amended to read as follows:

4   (a)(1)(A) Not less than seventy-five (75) days before each general

5 election day, the Secretary of State shall certify to all county boards of

6 election commissioners full lists of all candidates to be voted for in their

7 respective counties as the nominations have been certified or otherwise

8 properly submitted to him or her, arranged by contest, with the candidates

9 listed in the order in which they filed for office and with the earliest

10 filing candidate listed first.

11                   (B) The list under subdivision (a)(1)(A) of this section

12 shall include the date and time that the candidate filed for office.

13

14  SECTION 5. Arkansas Code � 7-5-203(b)(1), concerning the certification

15 of candidate lists, is amended to read as follows:

16  (b)(1)(A) Not less than seventy-five (75) days before each general

17 election day, the clerk of each county shall certify to the county board of

18 election commissioners of his or her county a full list of all candidates to

19 be voted for in the county as the nominations have been certified or

20 otherwise properly submitted to him or her, arranged by contest, with the

21 candidates listed in the order in which they filed for office and with the

22 earliest filing candidate listed first.

23                   (B) The list under subdivision (b)(1)(A) of this section

24 shall include the date and time that the candidate filed for office.

25

26  SECTION 6. Arkansas Code � 7-5-207(c), concerning the draw for ballot

27 position, is amended to read as follows:

28  (c)(1)(A) The order in which the names of the candidates shall appear

29 on the ballot shall be determined by lot at a public meeting of the county

30 board of election commissioners not less than seventy-two (72) days before

31 the general election.

32                   (B)(i) The lot to determine the order in which a

33 candidate's name appears on the ballot shall be drawn by the candidate or his

34 or her designee.

35                        (ii) Except as provided in subdivision

36 (c)(1)(B)(iii) of this section, a person shall not be designated to draw by

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1 lot for more than one (1) candidate at the public meeting under subdivision

2 (c)(1)(A) of this section to determine the order in which the names of the

3 candidates appear on the ballot.

4                  (iii) If a candidate does not appear in person to

5 draw by lot and does not designate a person to draw by lot on his or her

6 behalf, the lot shall be drawn by a member of the county board of election

7 commissioners or a person designated by the county board of election

8 commissioners.

9                  (C) Lots shall be drawn by contest in the following order

10 as certified to the county board of election commissioners by the Secretary

11 of State or the county clerk:

12                 (i) First, by all candidates who appear in person;

13                 (ii) Second, by all persons designated by a

14 candidate; and

15                 (iii) Third, by members of the county board of

16 election commissioners or persons designated by the county board of election

17 commissioners.

18          (2) Notice of the public meeting under subdivision (c)(1)(A) of

19 this section shall be given by publication in a newspaper of general

20 circulation in the county at least three (3) days before the drawing.

21          (3) For runoff elections, the ballot order for eligible

22 candidates shall be the same as for the previous election leading to the

23 runoff.

24

25  SECTION 7. Arkansas Code � 7-7-203(d), concerning primary elections,

26 is amended to read as follows:

27  (d)(1)(A) At least seventy-five (75) days before the preferential

28 primary election, the Secretary of State shall certify to the various county

29 committees and to the various county boards of election commissioners a list

30 of the names of all candidates who have filed party certificates with the

31 Secretary of State within the time required by law, arranged by contest, with

32 the candidates listed in the order in which they filed their party

33 certificates and with the earliest filing candidate listed first.

34                 (B) The list under subdivision (d)(1)(A) of this section

35 shall include the date and time that the candidate filed his or her party

36 certificate.

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1          (2)(A) At least seventy-five (75) days before the preferential

2 primary election, the county clerk shall certify to the county committees and

3 to the county board of election commissioners a list of the names of all

4 candidates who have filed party certificates with the county clerk within the

5 time required by law, arranged by contest, with the candidates listed in the

6 order in which they filed their party certificates and with the earliest

7 filing candidate listed first.

8                (B) The list under subdivision (d)(A) of this section

9 shall include the date and time that the candidate filed his or her party

10 certificate.

11

12         SECTION 8. Arkansas Code � 7-7-304(a)(1), concerning names to be

13 included on primary ballots, is amended to read as follows:

14         (a)(1)(A) The Secretary of State shall certify to all county boards of

15 election commissioners full lists of the names of all candidates who have

16 filed party certificates with him or her to be placed on the ballots in their

17 respective counties at the preferential primary election not less than:

18               (A)(i) Seventy-five (75) days before a preferential

19 primary election that is held in May under � 7-7-203; and

20               (B)(ii) Ninety-two (92) days before a preferential

21 primary election that is held in March under � 7-7-203.

22               (B) The list under subdivision (a)(1)(A) of this section

23 shall:

24               (i) Be arranged by contest, with the candidates

25 listed in the order in which they filed their party certificates and with the

26 earliest filing candidate listed first; and

27               (ii) Include the date and time that the candidate

28 filed his or her party certificate.

29

30         SECTION 9. Arkansas Code � 7-7-304(b)(1), concerning names to be

31 included on primary ballots, is amended to read as follows:

32         (b)(1)(A) The county clerk shall certify to the county board of

33 election commissioners full lists of the names of all candidates who have

34 filed party certificates with him or her to be placed on the ballot at the

35 preferential primary election not less than:

36               (A)(i) Seventy-five (75) days before a preferential

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1 primary election that is held in May under � 7-7-203; and

2                  (B)(ii) Ninety-two (92) days before a preferential

3 primary election that is held in March under � 7-7-203.

4                  (B) The list under subdivision (b)(1)(A) of this section

5 shall:

6                  (i) Be arranged by contest, with the candidates

7 listed in the order in which they filed their party certificates and with the

8 earliest filing candidate listed first; and

9                  (ii) Include the date and time that the candidate

10 filed his or her party certificate.

11

12        SECTION 10. Arkansas Code � 7-7-305(b), concerning the draw for ballot

13 position in primary elections, is amended to read as follows:

14        (b)(1) The order in which the names of the respective candidates are

15 to appear on the ballots at all preferential and general primary elections

16 shall be determined by lot at the public meeting of the county board of

17 election commissioners held not later than:

18                 (A) Seventy-two (72) days before a preferential primary

19 election that is held in May under � 7-7-203; and

20                 (B) Eighty-nine (89) days before a preferential primary

21 election that is held in March under � 7-7-203.

22              (2)(A) The lot to determine the order in which a candidate's

23 name appears on the ballot shall be drawn by the candidate or his or her

24 designee.

25                 (B)(i) Except as provided in subdivision (b)(2)(B)(ii) of

26 this section, a person shall not be designated to draw by lot for more than

27 one (1) candidate at the public meeting under subdivision (b)(1) of this

28 section to determine the order in which the names of the candidates appear on

29 the ballot.

30                 (ii) If a candidate does not appear in person to

31 draw by lot and does not designate a person to draw by lot on his or her

32 behalf, the lot shall be drawn by a member of the county board of election

33 commissioners or a person designated by the county board of election

34 commissioners.

35                 (C) Lots shall be drawn by contest in the following order

36 as certified to the county board of election commissioners by the Secretary

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1 of State or the county clerk:

2                  (i) First, by all candidates who appear in person;

3                  (ii) Second, by all persons designated by a

4 candidate; and

5                  (iii) Third, by members of the county board of

6 election commissioners or persons designated by the county board of election

7 commissioners.

8             (2)(3) The county board of election commissioners shall give at

9 least ten (10) days' written notice of the time and place of the meeting to

10 the chairs of the county committees if the chairs are not members of the

11 county board of election commissioners, and at least three (3) days before

12 the meeting, shall publish notice of the time and place of holding the

13 meeting in some newspaper of general circulation in the county.

14

15  SECTION 11. Arkansas Code � 14-42-206(a)(4), concerning municipal

16 primary elections, is amended to read as follows:

17            (4)(A) Candidates nominated for municipal office by political

18 primaries under this section shall be certified by the county party

19 committees to the county board of election commissioners and shall be placed

20 on the ballot at the general election.

21                 (B) The certification under subdivision (a)(4)(A) of this

22 section shall:

23                 (i) Be arranged by contest, with the candidates

24 listed in the order in which they filed their party certificates and with the

25 earliest filing candidate listed first; and

26                 (ii) Include the date and time that the candidate

27 filed his or her party certificate.

28

29  SECTION 12. Arkansas Code � 14-42-206(b)(3)(C), concerning municipal

30 primary elections, is amended to read as follows:

31                 (C) The county clerk promptly shall:

32                 (i) notify Notify the candidate of the result; and

33                 (ii)(a) Certify to the county board of election

34 commissioners the names of those candidates who have qualified for the ballot

35 by petition and the date and time that each candidate filed his or her

36 petition.

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1   (b) The certification under subdivision

2 (b)(3)(C)(ii(a) of this section shall:

3                                       (1) Be arranged by contest, with the

4 candidates listed in the order in which they filed their petitions and with

5 the earliest filing candidate listed first; and

6                                       (2) Include the date and time that the

7 petition naming the candidate was filed.

8

9   SECTION 13. Arkansas Code � 14-47-110(a)(3)(D)(i), concerning the

10 election of directors, is amended to read as follows:

11  (D)(i)(a) The name of the candidate mentioned in each

12 petition, together with a copy of the election proclamation if the election

13 is a special election, shall be certified by the city clerk or recorder to

14 the county board of election commissioners not less than seventy-five (75)

15 days before the election unless the city clerk or recorder finds that the

16 petition fails to meet the requirements of this chapter.

17  (b) The certification under subdivision

18 (a)(3)(D)(i)(a) of this section shall:

19                                      (1) Be arranged by contest, with the

20 candidates listed in the order in which they filed their petitions and with

21 the earliest filing candidate listed first; and

22                                      (2) Include the date and time that the

23 petition naming the candidate was filed.

24

25  SECTION 14. Arkansas Code � 14-48-109(a)(6)(C), concerning the

26 election of the mayor and directors in a city with the city administrator

27 form of government, is amended to read as follows:

28  (C)(i) The name of the candidate mentioned in each

29 petition, together with a copy of the election proclamation if the election

30 is a special election, shall be certified by the city clerk or recorder to

31 the county board of election commissioners not less than seventy-five (75)

32 days before the election unless the city clerk or recorder finds that the

33 petition fails to meet with the requirements of this chapter.

34  (ii) The certification under subdivision

35 (a)(6)(C)(i) of this section shall:

36  (a) Be arranged by contest, with the

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1 candidates listed in the order in which they filed their petitions and with

2 the earliest filing candidate listed first; and

3   (b) Include the date and time that the

4 candidate filed his or her petition.

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6                                    /s/John Carr

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