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1 State of Arkansas As Engrossed: S3/31/25 S4/9/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 HOUSE BILL 1555
4
5 By: Representative Painter
6 By: Senator Hester
7
8 For An Act To Be Entitled
9 AN ACT TO ESTABLISH UNIFORM PROCEDURES FOR FILLING A
10 VACANCY IN A MUNICIPAL OFFICE; AND FOR OTHER
11 PURPOSES.
12
13
14 Subtitle
15 TO ESTABLISH UNIFORM PROCEDURES FOR
16 FILLING A VACANCY IN A MUNICIPAL OFFICE.
17
18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
19
20 SECTION 1. Arkansas Code � 14-42-103 is amended to read as follows:
21 14-42-103. Vacancies in municipal offices generally.
22 (a)(1) Vacancies in municipal offices that are authorized by state law
23 to be filled by appointment by the city or town governing body require a
24 majority vote of the remaining members of the governing body.
25 (2) However, a majority of a quorum of the whole number of the
26 governing body is required to fill the vacancy.
27 (b)(1) The governing body may appoint any qualified elector, including
28 members of a governing body, to fill the vacancy.
29 (2) However, a member of the governing body shall not vote on
30 his or her own appointment.
31 (c) This section does not apply to circumstances prescribed under �
32 14-43-501(a) or � 14-43-411(a) A vacancy of a municipal office in a
33 municipality, regardless of the classification or form of government of the
34 municipality, shall be filled according to one (1) of the following methods:
35 (1)(A) At the first council meeting after the declaration of the
36 vacancy, the governing body of the municipality shall elect by a majority
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1 vote of the governing body of the municipality a person to serve the
2 unexpired term.
3 (B)(i) Except as otherwise provided under subdivision
4 (a)(1)(B)(ii) of this section, if a vacancy is filled under subdivision
5 (a)(1)(A) of this section, a majority of the remaining members of the
6 governing body of the municipality shall fill the vacancy and the governing
7 body of the municipality may appoint any qualified elector of the
8 municipality.
9 (ii) A member of the governing body of the
10 municipality shall not be appointed to fill a vacancy under this section in
11 municipalities with a population of fifty thousand (50,000) or more; or
12 (2)(A) At the first council meeting after the declaration of the
13 vacancy, the governing body of the municipality shall call a special election
14 to be held at the next special election date under � 7-11-101 et seq. to fill
15 the vacant position for the remainder of the term.
16 (B)(i) If the governing body of a municipality calls for a
17 special election to fill the vacancy under subdivision (a)(2)(A) of this
18 section, the governing body may appoint a qualified elector of the
19 muncipality to serve in the office until the office is filled at the special
20 election.
21 (ii) A member of the governing body of the
22 municipality may be appointed under subdivision (a)(2)(B)(i) of this section
23 to serve in the office until the vacancy is filled at a special election.
24 (b) For a vacancy filled under subsection (a) of this section in a
25 municipality having a mayor, the appointment is not subject to veto by the
26 mayor.
27
28 SECTION 2. Arkansas Code � 14-43-304(d), concerning mayors in a city
29 having a mayor-council form of government, is amended to read as follows:
30 (d) If a vacancy occurs in the office of mayor of a city described in
31 this section and the unexpired term is more than one (1) year, the vacancy
32 shall be filled by a special election and special runoff election, if
33 necessary, as provided in subsection (c) of this section under � 14-42-103.
34
35 SECTION 3. Arkansas Code � 14-43-310 is amended to read as follows:
36 14-43-310. Council member ceasing to reside in ward.
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1 If any duly elected council member shall cease to reside in the ward
2 from which he or she was elected, that person shall be disqualified to hold
3 the office and a vacancy shall exist which shall be filled as prescribed by
4 law under � 14-42-103.
5
6 SECTION 4. Arkansas Code � 14-43-401(b), concerning the office of
7 mayor generally in a city of the first class, is amended to read as follows:
8 (b)(1)(A) In case of the mayor's death, disability, resignation, or
9 other vacation of his or her office, the city council, by vote of a majority
10 of all its members, may appoint some other person to act until the expiration
11 of his or her term or disability if the unexpired term of his or her office
12 is less than one (1) year. Otherwise, an election shall be ordered in
13 accordance with the laws of the state vacancy shall be filled under � 14-42-
14 103.
15 (B)(2) A removal from the city shall be deemed a vacation
16 of his or her office.
17 (2)(A) In all cases in which the unexpired term has one (1) year
18 or more to run and a special election has been called to fill the vacancy in
19 the office of mayor, the city governing body may appoint a qualified elector
20 of the city, including any member of the city council, to serve as acting
21 mayor until the office is filled at the special election.
22 (B) A member of the council shall not vote on his or her
23 own appointment.
24
25 SECTION 5. Arkansas Code � 14-43-411 is amended to read as follows:
26 14-43-411. Council member vacancy in mayor-council form of government.
27 (a)(1)(A) Whenever a vacancy occurs in the office of council member in
28 a city of the first class having a population of less than twenty thousand
29 (20,000) according to the most recent federal decennial census, at the first
30 regular meeting after the occurrence of the vacancy, the city council shall
31 proceed to elect by a majority vote of the remaining members elected to the
32 council a council member to serve for the unexpired term vacancy shall be
33 filled under � 14-42-103.
34 (B)(i) However, at least a quorum of the whole number of
35 the city council shall remain in order to fill a vacancy.
36 (ii) The election by the remaining members of the
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1 city council is not subject to veto by the mayor.
2 (2) The person elected by the council shall be a resident of the
3 ward where the vacancy occurs at the time of the vacancy.
4 (b) When a vacancy occurs in any position of council member in a city
5 having a population of twenty thousand (20,000) or more according to the most
6 recent federal decennial census, a new council member shall be chosen in the
7 following manner:
8 (1) If the unexpired portion of the term of a council member
9 exceeds one (1) year, at the first regular meeting after the occurrence of
10 the vacancy, the city council shall proceed to either elect by a majority
11 vote of the remaining members elected to the council a council member to
12 serve for the unexpired term or call for a special election to be held in
13 accordance with � 7-11-101 to fill the vacancy; or
14 (2) If the unexpired portion of the term of a council member is
15 one (1) year or less, a successor shall be chosen by a majority vote of the
16 members of the council the vacancy shall be filled under � 14-42-103.
17
18 SECTION 6. Arkansas Code � 14-43-412 is amended to read as follows:
19 14-43-412. Vacancies in other elected offices.
20 (a) In case any office of an elected officer, except council members
21 of the ward, becomes vacant before the expiration of the regular term, then
22 the vacancy shall be filled by the city council until a successor is duly
23 elected and qualified.
24 (b) The successor shall be elected for the unexpired term at the first
25 general election that occurs after the vacancy has happened under � 14-42-
26 103.
27
28 SECTION 7. Arkansas Code � 14-44-103(b)(2), concerning the filling of
29 vacancies for council members in a city of the second class, is amended to
30 read as follows:
31 (2) If any duly elected council member shall cease to reside in
32 the ward from which he or she was elected, that person shall be disqualified
33 to hold the office and a vacancy shall exist, which shall be filled as
34 prescribed by law under � 14-42-103.
35
36 SECTION 8. Arkansas Code � 14-44-104 is amended to read as follows:
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1 14-44-104. Vacancy in council member's office.
2 (a) If a vacancy occurs in the office of council member in any city of
3 the second class, at the first regular meeting after the occurrence of the
4 vacancy, the city council shall proceed to elect, by a majority vote of the
5 council, a council member to serve for the unexpired term.
6 (b) The election to fill the vacancy under subsection (a) of this
7 section is not subject to veto by the mayor vacancy shall be filled under �
8 14-42-103.
9
10 SECTION 9. Arkansas Code � 14-44-106 is amended to read as follows:
11 14-44-106. Vacancy in office.
12 If a vacancy occurs in the office of mayor, marshal, recorder,
13 treasurer, or recorder-treasurer in any city of the second class, at the
14 first regular meeting after the occurrence of the vacancy the city council
15 shall proceed to elect a person to fill the vacancy either by a majority vote
16 of the council members or by a call for a special election to be held in
17 accordance with � 7-11-101 et seq under � 14-42-103.
18
19 SECTION 10. Arkansas Code � 14-45-103 is amended to read as follows:
20 14-45-103. Vacancies.
21 (a) When a vacancy occurs in the office of council member in an
22 incorporated town, at the first regular meeting after the occurrence of the
23 vacancy, the town council shall elect by a majority vote of the town council
24 a council member to serve for the unexpired term the vacancy shall be filled
25 under � 14-42-103.
26 (b) When a vacancy occurs in the office of recorder-treasurer in an
27 incorporated town, at the first regular meeting after the occurrence of the
28 vacancy, the town council shall elect by a majority vote of the town council
29 a recorder-treasurer to serve for the unexpired term the vacancy shall be
30 filled under � 14-42-103.
31 (c) When a vacancy occurs in the office of mayor in an incorporated
32 town, at the first regular meeting after the occurrence of the vacancy, the
33 town council shall:
34 (1) Elect by a majority vote of the council members a mayor to
35 serve the unexpired term; or
36 (2)(A) Call for a special election to be held under � 7-11-101
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1 et seq. to fill the vacancy.
2 (B) At the special election, a mayor shall be elected to
3 complete the unexpired term the vacancy shall be filled under � 14-42-103.
4 (d) When a vacancy occurs in the office of marshal in an incorporated
5 town and the marshal was elected under � 14-45-109, at the first regular
6 meeting after the occurrence of the vacancy the town council shall elect by a
7 majority vote of the town council a marshal to serve for the unexpired term
8 vacancy shall be filled under � 14-42-103.
9
10 SECTION 11. Arkansas Code � 14-47-113 is amended to read as follows:
11 14-47-113. Director Mayor or director vacancy.
12 Whenever a vacancy shall occur by any reason in the office of a
13 director, the board of directors shall elect a person by majority vote to
14 fill the vacancy and serve for the unexpired term thereof If a vacancy occurs
15 in the office of mayor or the office of a member of the board of directors,
16 the board of directors shall fill the vacancy under � 14-42-103 at the first
17 regular meeting after the vacancy occurs.
18
19 SECTION 12. Arkansas Code � 14-47-117(b)(2)(A), concerning a vacancy
20 in the office of assistant mayor in a city manager form of government, is
21 amended to read as follows:
22 (2)(A) If a vacancy in the office of mayor occurs, the assistant
23 mayor shall perform the duties of mayor until a successor mayor is elected or
24 appointed under � 14-42-103.
25
26 SECTION 13. Arkansas Code � 14-47-117(b)(2)(B)(i), concerning a
27 vacancy in the office of assistant mayor in a city manager form of
28 government, is amended to read as follows:
29 (B)(i) If the mayor shall be continuously absent or
30 disabled for more than six (6) months, his or her office will automatically
31 become vacant and a successor mayor shall be elected or appointed under � 14-
32 42-103.
33
34 SECTION 14. Arkansas Code � 14-48-112(b)(2)(A), concerning a vacancy
35 in the office of assistant mayor or vice mayor in a city administrator form
36 of government, is amended to read as follows:
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1 (2)(A) If a vacancy in the office of mayor occurs, the assistant
2 mayor or vice mayor shall perform the duties of mayor until a successor mayor
3 is elected or appointed under � 14-42-103.
4
5 SECTION 15. Arkansas Code � 14-48-112(b)(2)(B)(i), concerning a
6 vacancy in the office of assistant mayor or vice mayor in a city
7 administrator form of government, is amended to read as follows:
8 (B)(i) If the mayor is continuously absent or disabled for
9 more than six (6) months, his or her office will automatically become vacant,
10 and a successor mayor shall be elected or appointed under � 14-42-103.
11
12 SECTION 16. Arkansas Code � 14-48-115 is amended to read as follows:
13 14-48-115. Mayor or director vacancy.
14 In the case of a vacancy in the office of mayor or in the office of a
15 member of the board of directors, the board, at the first regular meeting
16 after the occurrence of the vacancy and by majority vote, shall appoint a
17 person or call for a special election to be held in accordance with � 7-11-
18 101 et seq. to fill the vacancy for the remainder of the unexpired term fill
19 the vacancy under � 14-42-103.
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7 04-09-2025 18:26:22 SSS175Every fact on this page links to its source, starting with the official bill record.