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3-8-205. Determination of sufficiency of petition — Calling of election.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-8-205. Determination of sufficiency of petition — Calling of election.
(a) If the petition is determined to be sufficient under § 3-8-801 et seq., the county clerk shall certify that finding to the county board of election commissioners, and the question shall be placed on the ballot in the county, township, municipality, ward, or precinct at the next biennial general election as provided in § 3-8-101.
(b)(1) If an appeal is taken from the certification of the county clerk, it shall be taken within ten (10) days and shall be considered by the circuit court within ten (10) days, or as soon as practicable, after the appeal is lodged with the court.
(2) The circuit court shall render its decision within thirty (30) days thereafter.
(c) If an appeal is taken, the election shall be had no sooner than sixty-five (65) days after the appeal is determined, if the decision is in favor of the petitioners.
(d)(1)(A) The decision shall be certified immediately to the county board of election commissioners, and the day for the election shall be fixed by the county board of election commissioners for not earlier than sixty-five (65) days nor later than ninety (90) days after the certification of the decision of the circuit court.
(B) Any appeal from the final decision of the circuit court shall be taken within ten (10) days and shall be advanced and immediately determined by the Supreme Court.
(2) In that event, the county board of election commissioners may, in its discretion, delay the election until after the final decision of the Supreme Court.
(3) If the decision is in favor of the petitioners, then the county board of election commissioners shall set the day for the election, which shall be not earlier than sixty-five (65) days nor later than ninety (90) days a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-8-205
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:3-8-205
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c85c009f58b7f62b15b2695c7db17ad3f075687d700a3480d852b4ddfcb95d2a
Source location: content.xml paragraph 6156
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3-8-205. Determination of sufficiency of petition — Calling of election.
(a) If the petition is determined to be sufficient under § 3-8-801 et seq., the county clerk shall certify that finding to the county board of election commissioners, and the question shall be placed on the ballot in the county, township, municipality, ward, or precinct at the next biennial general election as provided in § 3-8-101.
(b)(1) If an appeal is taken from the certification of the county clerk, it shall be taken within ten (10) days and shall be considered by the circuit court within ten (10) days, or as soon as practicable, after the appeal is lodged with the court.
(2) The circuit court shall render its decision within thirty (30) days thereafter.
(c) If an appeal is taken, the election shall be had no sooner than sixty-five (65) days after the appeal is determined, if the decision is in favor of the petitioners.
(d)(1)(A) The decision shall be certified immediately to the county board of election commissioners, and the day for the election shall be fixed by the county board of election commissioners for not earlier than sixty-five (65) days nor later than ninety (90) days after the certification of the decision of the circuit court.
(B) Any appeal from the final decision of the circuit court shall be taken within ten (10) days and shall be advanced and immediately determined by the Supreme Court.
(2) In that event, the county board of election commissioners may, in its discretion, delay the election until after the final decision of the Supreme Court.
(3) If the decision is in favor of the petitioners, then the county board of election commissioners shall set the day for the election, which shall be not earlier than sixty-five (65) days nor later than ninety (90) days after the final decision of the Supreme Court.
(e) Except as provided in this section, a petition for local option election shall be governed by § 7-9-101 et seq. and the Disclosure Act for Initiative Proceedings, § 3-8-701 et seq.
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-8-101. When elections held.
Local option elections to determine the legality or illegality of the manufacture, sale, bartering, loaning, or giving away of intoxicating liquors shall be held only on the regular biennial November general election days.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-8-101
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 3-8-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-8-701. Title.
This subchapter shall be known and may be cited as the “Disclosure Act for Initiative Proceedings”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-8-701
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 3-8-701. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-8-801. Definitions.
As used in this subchapter:
(1) “Canvasser” means a person who circulates a local option election petition or a part or parts of a local option election petition to obtain the signatures of petitioners thereto;
(2) “Intoxicating liquor” means any beverage containing more than one-half of one percent (0.5%) of alcohol by weight;
(3) “Paid canvasser” means a person who is paid or with whom there is an agreement to pay money or anything of value before or after a signature on a local option election petition is solicited in exchange for soliciting or obtaining a signature on a petition;
(4) “Petition part” means a petition signature sheet containing the information required under this subchapter;
(5) “Petitioner” means a person who signs a petition requesting a local option election;
(6) “Registered voter” means a person who is registered at the time of signing the petition pursuant to Arkansas Constitution, Amendment 51; and
(7) “Sponsor” means a person who arranges for the circulation of a local option election petition or who files a local option election petition with the official charged with verifying the signatures.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-8-801
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 3-8-801. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
7-9-101. Definitions.
As used in this subchapter:
(1) “Act” means an act having general application throughout the state, whether originating in the General Assembly or proposed by the people;
(2) “Amendment” means an amendment to the Arkansas Constitution that is proposed by the people;
(3) “Canvasser” means a person who circulates an initiative or referendum petition or a part or parts of an initiative or referendum petition to obtain the signatures of petitioners thereto;
(4) “Election” means a regular general election at which state and county officers are elected for regular terms;
(5) “Measure” means an amendment, an act, or an ordinance;
(6) “Ordinance” means an ordinance of a municipality or county, whether originating in the legislative body of the municipality or county or proposed by the people;
(7) “Petition part” means a petition signature sheet containing the information required under § 7-9-104 or § 7-9-105;
(8) “Petitioner” means a person who signs an initiative or referendum petition ordering a vote on a measure;
(9) “Registered voter” means a person who is registered at the time of signing the petition pursuant to Arkansas Constitution, Amendment 51; and
(10) “Sponsor” means a person who arranges for the circulation of an initiative or referendum petition or who files an initiative or referendum petition with the official charged with verifying the signatures.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-9-101
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 7-9-101. This identifies an authority to review, not proof of applicability.