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14-14-1310. Filling vacancies in elective offices.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-14-1310. Filling vacancies in elective offices.
(a)(1) County Elective Offices. Vacancies in all county elective offices shall be filled by the county quorum court through the process of resolution as prescribed by law.
(2)Eligibility Requirements and Term of Office.
(A) Qualifications. All officers appointed to fill a vacant county elective office shall meet all of the requirements for election to that office.
(B) Requirements. All officers appointed by a quorum court shall subscribe to the oath of office, be commissioned, and be bonded as prescribed by law.
(C)(i) Persons Ineligible for Appointment. Any member of the quorum court shall be ineligible for appointment to fill any vacancy occurring in any county office, and resignation shall not remove the ineligibility. Husbands and wives of justices of the peace and relatives of the justices or their husbands and wives within the fourth degree of consanguinity or affinity shall likewise be ineligible.
(ii) Any county elected officer who resigns during a term of office shall be ineligible for appointment to any county elective office during the term for which he or she resigned.
(D) Term of Office. All officers so appointed shall serve until their successor is elected and qualified.
(E) Successive Terms of Appointed Officer Prohibited. A person appointed to fulfill a vacant or unexpired term of an elective county office shall not be eligible for appointment or election to succeed himself or herself.
(b) Elective Township Offices. All vacancies in elective township offices, including justice of the peace offices, shall be filled by the Governor.
(c)Emergency Vacancies.
(1)(A) During a declaration of an emergency or circumstances that warrant a declaration of an emergency under § 12-75
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-14-1310
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-14-1310
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 217e6bc37cd6125b8fbfe0bb7b25550dae830dc6ab11d94d91df9c388a7279fd
Source location: content.xml paragraph 3351
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14-14-1310. Filling vacancies in elective offices.
(a)(1) County Elective Offices. Vacancies in all county elective offices shall be filled by the county quorum court through the process of resolution as prescribed by law.
(2)Eligibility Requirements and Term of Office.
(A) Qualifications. All officers appointed to fill a vacant county elective office shall meet all of the requirements for election to that office.
(B) Requirements. All officers appointed by a quorum court shall subscribe to the oath of office, be commissioned, and be bonded as prescribed by law.
(C)(i) Persons Ineligible for Appointment. Any member of the quorum court shall be ineligible for appointment to fill any vacancy occurring in any county office, and resignation shall not remove the ineligibility. Husbands and wives of justices of the peace and relatives of the justices or their husbands and wives within the fourth degree of consanguinity or affinity shall likewise be ineligible.
(ii) Any county elected officer who resigns during a term of office shall be ineligible for appointment to any county elective office during the term for which he or she resigned.
(D) Term of Office. All officers so appointed shall serve until their successor is elected and qualified.
(E) Successive Terms of Appointed Officer Prohibited. A person appointed to fulfill a vacant or unexpired term of an elective county office shall not be eligible for appointment or election to succeed himself or herself.
(b) Elective Township Offices. All vacancies in elective township offices, including justice of the peace offices, shall be filled by the Governor.
(c)Emergency Vacancies.
(1)(A) During a declaration of an emergency or circumstances that warrant a declaration of an emergency under § 12-75-107 or § 12-75-108, a vacancy in the office of county judge due to death or disability to the degree of inability to perform the duties of office shall be temporarily filled by executive order of the county judge issued prior to the incapacity of the county judge, designating three (3) persons in succession to fill the vacancy of the office of county judge on an interim basis until such time as the vacancy is filled by the quorum court as provided by this chapter or the disability of the county judge is abated.
(B) Persons so designated shall be listed in succession and may be identified by title or position.
(C) The death or disability of a person in the line of succession shall result in disqualification of the person and appointment of the next successive person.
(2)(A) During a declaration of an emergency or circumstances that warrant a declaration of emergency under § 12-75-107 or § 12-75-108, a vacancy in the office of sheriff due to death or disability to the degree of inability to perform the duties of office shall be temporarily filled by a policy statement of the sheriff issued prior to the incapacity of the sheriff and adopted by resolution of the quorum court, designating three (3) persons in succession to fill the vacancy in the office of sheriff on an interim basis until such time as the vacancy is filled by the quorum court as provided by this chapter or the disability of the sheriff is abated.
(B) Persons so designated by the sheriff shall be listed in succession and may be identified by title or position.
(C) The death or disability of a person in the line of succession shall result in disqualification of the person and appointment of the next successive person.
(D) The sheriff shall affix his or her signature to the policy statement and to the resolution of the quorum court to signify that the line of succession for the office of sheriff is in accordance with his or her authority.
(3)(A) The county judge and the sheriff shall file the executive order and the resolution with policy statement under subdivisions (c)(1) and (2) of this section with the county clerk, and a file-marked copy shall be provided to the Director of the Division of Emergency Management no later than sixty (60) days from the beginning of the elected term of office.
(B) Members of the quorum court are not eligible to fill the vacancy in the office of county judge or sheriff under this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-75-107. Declaration of disaster emergencies.
(a)(1) A disaster emergency shall be declared by executive order or proclamation of the Governor if he or she finds a disaster has occurred or that the occurrence or the threat of disaster is imminent.
(2) When time is critical because of rapidly occurring disaster emergency events, the Governor may verbally declare for immediate response and recovery purposes until the formalities of a written executive order or proclamation can be completed in the prescribed manner.
(b)(1) The state of disaster emergency shall continue until:
(A) The Governor finds that the threat or danger has passed and terminates the state of disaster emergency by executive order or proclamation; or
(B) The disaster has been dealt with to the extent that emergency conditions no longer exist and the employees engaged in the restoration of utility services have returned to the point of origin.
(2) No state of disaster emergency may continue for longer than sixty (60) days unless renewed by the Governor.
(c)(1) The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time.
(2) Thereupon, the Governor shall issue an executive order or proclamation ending the state of disaster emergency.
(d)(1) All executive orders or proclamations issued under this section shall indicate the nature of the disaster, the area or areas threatened, and the conditions which have brought it about or which make possible termination of the state of disaster emergency.
(2) In the case of a disaster, each provider of utility services whose services were interrupted shall prepare a report describing:
(A) The type of disaster emergency;
(B) The duration of the disaster emergency, which includes the time the utility perso
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-75-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-75-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-75-108. Local disaster emergencies — Declaration.
(a)(1) A local disaster emergency may be declared only by the chief executive or his or her designee of a political subdivision.
(2) If time is critical because of a rapidly occurring disaster emergency event, the chief executive verbally may declare a local disaster emergency for immediate response and recovery purposes until the formalities of a written declaration can be completed in the prescribed manner.
(3) A declaration of a local disaster emergency shall not be continued or renewed for a period in excess of one hundred twenty (120) days except by or with the consent of the governing body of the political subdivision.
(4) Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the city or county clerk, as applicable.
(b)(1) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans, to authorize the furnishing of aid and assistance thereunder, and to initiate emergency management functions under this chapter.
(2)(A) In addition to other powers conferred on the chief executive declaring a local disaster emergency, the chief executive may suspend the provisions of any local regulatory ordinances or regulations for up to thirty (30) days if strict compliance with the ordinance provisions would prevent, hinder, or delay necessary actions to cope with the disaster emergency.
(B) Local regulatory ordinances include, but are not limited to:
(i) Zoning ordinances;
(ii) Subdivision regulations;
(iii) Regulations controlling the development of land;
(iv) Building
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-75-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-75-108. This identifies an authority to review, not proof of applicability.