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21-2-115. Persons in armed forces — Oath — Bond.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-2-115. Persons in armed forces — Oath — Bond.
(a)(1) Any person in the armed forces of the United States who has been granted leave of absence under §§ 21-4-301 — 21-4-304 and 21-4-306 — 21-4-313 may take and subscribe the official oath of office required by the Arkansas Constitution and statutes of this state at any time after his or her election and before he or she enters upon the duties of his or her office.
(2) The oath may be administered by any officer of this state or of any other state or of the United States or of any foreign country who may administer oaths.
(b) The person taking and subscribing the official oath of office under the terms of this section must cause the oath of office, together with the attestation of the oath or office, to be filed with the Secretary of State before entering upon the duties of his or her office.
(c)(1) Any person enumerated in subsection (a) of this section who is required by law to enter into a bond for the faithful performance of the duties of the office may execute and file the bond at any time within thirty (30) days after he or she shall have taken the official oath of office.
(2) If the bond is not executed and filed within that time, the office shall be deemed and considered vacant.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-2-115
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:21-2-115
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e35ab5e544555645d1d51d926d28acc8b388d360528087423b0607234e5cf179
Source location: content.xml paragraph 1059
Stored source content
21-2-115. Persons in armed forces — Oath — Bond.
(a)(1) Any person in the armed forces of the United States who has been granted leave of absence under §§ 21-4-301 — 21-4-304 and 21-4-306 — 21-4-313 may take and subscribe the official oath of office required by the Arkansas Constitution and statutes of this state at any time after his or her election and before he or she enters upon the duties of his or her office.
(2) The oath may be administered by any officer of this state or of any other state or of the United States or of any foreign country who may administer oaths.
(b) The person taking and subscribing the official oath of office under the terms of this section must cause the oath of office, together with the attestation of the oath or office, to be filed with the Secretary of State before entering upon the duties of his or her office.
(c)(1) Any person enumerated in subsection (a) of this section who is required by law to enter into a bond for the faithful performance of the duties of the office may execute and file the bond at any time within thirty (30) days after he or she shall have taken the official oath of office.
(2) If the bond is not executed and filed within that time, the office shall be deemed and considered vacant.
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Arkansas Code — all titles (historical 2020) · legal_authorities
21-4-301. Definitions.
As used in this subchapter:
(1) “Active service” or “active duty” shall include the period during which a person in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause;
(2) “Military service” shall signify federal service on active duty with any branch of service referred to in subdivision (4) of this section as well as training or education under the supervision of the United States preliminary to induction into the military service;
(3)(A) “Period of military service” shall include the time between the following dates:
(i) For persons in active service as of March 18, 1943, it shall begin with the date of their induction into active service; and
(ii) For persons entering active service, it shall begin with the date of their induction into active service.
(B) It shall terminate with death or a date thirty (30) days immediately next succeeding the date of release or discharge from active military service, or upon return from active military service, whichever shall occur first; and
(4) “Person in military service” and “persons in the military service of the United States” shall include the following persons and no others:
(A) All members of the United States Army, United States Navy, United States Marine Corps, and United States Coast Guard; and
(B) All officers of the United States Public Health Service detailed by proper authority for duty with either the United States Army or the United States Navy.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-4-301
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 21-4-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-4-304. Officers — Deputy appointed by Governor.
(a)(1) Any elected officer who is not authorized by law to appoint deputies to perform the duties of the office which he or she holds, except circuit judges and members of the General Assembly, shall select a competent and qualified person to perform the duties of the office during the time the officer is on leave and certify to the Governor, or the person or persons who would be authorized to fill a vacancy if one should occur in the office, the selection of such person.
(2) The Governor shall confirm the selection by appointment unless he or she shall determine that the person is unfit and not qualified to fill the office.
(3) After it is determined that the person so selected is not qualified, the Governor shall make a statement in writing setting out his or her specific objections to the person selected, and the officer applying for a leave shall certify the selection of a person who is found to be qualified before the leave of absence may be granted.
(4) However, if the officer fails or refuses to appoint or select a person qualified, the Governor, or person who would have the authority to appoint a qualified person to fill the office during the leave, shall make such appointment.
(b) When the officer terminates his or her military service and appears and offers to resume the duties of his or her office, the person appointed to fill the office shall relinquish the same to him or her.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-4-304
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 21-4-304. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-4-306. Circuit court judges.
(a) Whenever a judge of a circuit court shall volunteer or be called into the military service of the United States, the office shall be filled during such leave of absence by the election of an emergency circuit judge by a majority of all regular licensed and practicing attorneys of the judicial district in attendance at a meeting to be called by the circuit judge, after due notice to the attorneys.
(b) The emergency circuit judge shall hold and discharge the duties of the office until such time as the regularly elected circuit judge shall reassume the office and shall be vested with all the powers and charged with all the duties incident to the office.
(c) The emergency circuit judge shall be compensated in the same manner and amount as provided by law to the regularly elected circuit judge holding such office.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-4-306
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 21-4-306. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-4-313. Commission, oath of deputy, or substitute.
(a) It shall not be required that a commission issue to any person appointed to fill any office or position of one who has been granted a leave of absence under the provisions of this subchapter.
(b) Every person so appointed shall be required to take and subscribe to the same oath as the officer or employer was required to take before he or she entered upon the performance of the duties of the office or position.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-4-313
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 21-4-313. This identifies an authority to review, not proof of applicability.