An act TO AMEND ARKANSAS LAW CONCERNING RUNOFF 10 ELECTIONS, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas        As Engrossed: H1/23/25
2 95th General Assembly
                                 A Bill

3 Regular Session, 2025                                             HOUSE BILL 1078

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5 By: Representative Long

6 By: Senator J. Payton

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8                          For An Act To Be Entitled

9   AN ACT TO AMEND ARKANSAS LAW CONCERNING RUNOFF

10  ELECTIONS; TO PROVIDE FOR A RUNOFF ELECTION FOR

11  CANDIDATES FOR THE SENATE AND THE HOUSE OF

12  REPRESENTATIVES; AND FOR OTHER PURPOSES.

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15                         Subtitle

16                       TO AMEND ARKANSAS LAW CONCERNING RUNOFF

17                       ELECTIONS; AND TO PROVIDE FOR A RUNOFF

18                       ELECTION FOR CANDIDATES FOR THE SENATE

19                       AND THE HOUSE OF REPRESENTATIVES.

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

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23  SECTION 1. Arkansas Code � 7-5-704 is amended to read as follows:

24  7-5-704. Votes for legislative, judicial, and executive officers -- Tie

25 vote Runoff election.

26  (a)(1) It shall be the duty of the Secretary of State, in the presence

27 of the Governor, within thirty (30) days after the time allowed in this

28 subchapter to make returns of elections by the county board of election

29 commissioners, or sooner, if all the returns have been received, to cast up

30 and arrange the votes from the several counties for each person who received

31 votes for any legislative, judicial, or executive office, except the offices

32 named in Arkansas Constitution, Article 6, � 3.

33  (2) The persons who have received the greatest number of legal

34 votes for Justice of the Supreme Court and Commissioner of State Lands,

35 within the state; judges Judges of the Court of Appeals and of the circuit

36 courts, and prosecuting attorneys, in their respective districts or circuits;

    *MBM047*                                                      01-23-2025 09:26:30 MBM047
    As Engrossed: H1/23/25                                                HB1078

1 judges of the county and probate courts, circuit clerk, county clerk,

2 sheriff, coroner, surveyor, and assessor, in their respective counties; and

3 all other officers required by law, shall be commissioned by the Governor.

4   (b)(1) If two (2) or more persons have an equal number of votes for

5 the same office and a higher number than any other person If there are more

6 than two (2) candidates for election as a member of the Senate or the House

7 of Representatives at a general election held in this state and no candidate

8 for the Senate or the House of Representatives receives a majority of the

9 votes cast for the office, the names of the two (2) candidates receiving the

10 highest number of votes for any legislative or executive the office, except

11 those offices named in Arkansas Constitution, Article 6, � 3, and constables,

12 shall be certified to a special runoff election which shall be held four (4)

13 weeks from the day on which the general election is held.

14  (2)(A) The Except as provided in subdivision (b)(2)(B) of this

15 section, the special runoff election shall be conducted in the same manner as

16 is now provided by law, and the election results thereof shall be canvassed

17 and certified in the manner provided by law.

18  (B) All polling sites in the district of the two (2)

19 candidates for election as a member of the General Assembly that are

20 designated for the general election preceding the special runoff election

21 shall be used for the special runoff election.

22  (3) If at the conclusion of the special runoff election the two

23 (2) candidates for election as a member of the Senate or the House of

24 Representatives have an equal number of votes, the State Board of Election

25 Commissioners shall determine the winner of the special runoff election by

26 lot at an open public meeting and in the presence of the two (2) candidates.

27  (c) Subsection (b) of this section shall not apply to the offices of:

28  (1) Governor;

29  (2) Lieutenant Governor;

30  (3) Secretary of State;

31  (4) Treasurer of State;

32  (5) Auditor of State;

33  (6) Attorney General;

34  (7) Commissioner of State Lands;

35  (8) Justice of the Supreme Court,;

36  (9) Judge of the Court of Appeals,;

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    As Engrossed: H1/23/25                                                HB1078

1   (10) circuit Circuit judge,; or

2   (11) district District judge;

3   (12) Prosecuting attorney; or

4   (13) Constable.

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6   SECTION 2. Arkansas Code � 7-5-705(a), concerning votes for

7 constitutional officers, is amended to read as follows:

8   (a) During the first week of the session after each election for

9 Governor, Lieutenant Governor, Secretary of State, Treasurer of State,

10 Auditor of State, and Attorney General, and Commissioner of State Lands, and

11 in the presence of both houses of the General Assembly, the Speaker of the

12 House of Representatives shall open and publish the votes cast and given for

13 each of the respective officers previously mentioned.

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15                          /s/Long

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