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3-8-502. Local option elections in certain annexed areas.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-8-502. Local option elections in certain annexed areas.
(a)(1)(A) If an area meets the qualifications provided in subdivision (a)(1)(B) of this section, the residents of the area may petition the county clerk of the county for a local option election to determine whether off-premises retail beer permits and off-premises Arkansas native wine retail permits shall be issued within the annexed area.
(B) An area qualifies to hold a local option election under this subchapter if:
(i) The area has been annexed from a dry township into a wet contiguous and adjoining city or incorporated town;
(ii) The annexed area is separated from the remainder of the dry township by a four-lane divided highway; and
(iii) A nonbinding election was held between November 1, 2004, and January 1, 2005, in the annexed area on the issue of whether intoxicating liquors may be manufactured, sold, bartered, loaned, or given away within the annexed area.
(2) The petition requesting a local option election shall be prepared in the manner provided by § 3-8-205.
(3)(A) When thirty-eight percent (38%) of the qualified electors of the annexed area, as shown on county voter registration records, sign a petition requesting a local option election, the county clerk shall determine the sufficiency of the petition within ten (10) days of the filing of the petition.
(B) If the county clerk verifies that thirty-eight percent (38%) of the qualified electors of the annexed area have signed the petition, the county clerk shall certify that finding to the county board of election commissioners.
(C) The question shall be placed upon the ballot in the annexed area at the next biennial November general election, as provided in § 3-8-101.
(D) Any appeal of the order of the county court shall be taken
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-8-502
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:3-8-502
Source file: gov.ar.code.title.03.odt
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Source location: content.xml paragraph 6643
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3-8-502. Local option elections in certain annexed areas.
(a)(1)(A) If an area meets the qualifications provided in subdivision (a)(1)(B) of this section, the residents of the area may petition the county clerk of the county for a local option election to determine whether off-premises retail beer permits and off-premises Arkansas native wine retail permits shall be issued within the annexed area.
(B) An area qualifies to hold a local option election under this subchapter if:
(i) The area has been annexed from a dry township into a wet contiguous and adjoining city or incorporated town;
(ii) The annexed area is separated from the remainder of the dry township by a four-lane divided highway; and
(iii) A nonbinding election was held between November 1, 2004, and January 1, 2005, in the annexed area on the issue of whether intoxicating liquors may be manufactured, sold, bartered, loaned, or given away within the annexed area.
(2) The petition requesting a local option election shall be prepared in the manner provided by § 3-8-205.
(3)(A) When thirty-eight percent (38%) of the qualified electors of the annexed area, as shown on county voter registration records, sign a petition requesting a local option election, the county clerk shall determine the sufficiency of the petition within ten (10) days of the filing of the petition.
(B) If the county clerk verifies that thirty-eight percent (38%) of the qualified electors of the annexed area have signed the petition, the county clerk shall certify that finding to the county board of election commissioners.
(C) The question shall be placed upon the ballot in the annexed area at the next biennial November general election, as provided in § 3-8-101.
(D) Any appeal of the order of the county court shall be taken in the manner provided by § 3-8-205(c)-(e).
(4)(A) The election shall be conducted in the manner provided by § 3-8-206(a) and (b).
(B) Upon petition of fifteen percent (15%) of the interested legal voters in the annexed area, within ten (10) days after the date of the election, the county board of election commissioners shall immediately recount the votes and declare the result of the election as determined by the recount.
(C) Within twenty (20) days after the election, the county court shall make and enter of record its order declaring the result of the election.
(D) The costs of any elections held under this subchapter shall be paid by the county in the same manner as other costs of general elections.
(5) Upon petition of fifteen percent (15%) of the interested legal voters in the annexed area filed with the circuit clerk of the county in which proceedings are pending, the circuit court shall immediately by mandamus compel the county court or other officials to perform the duties imposed upon them under this section.
(b)(1) If, at the local option election, a majority of the electors of the annexed area vote for the issuance of off-premises retail beer permits and off-premises Arkansas native wine retail permits within the annexed area, the Director of the Alcoholic Beverage Control Division may issue off-premises retail beer permits and off-premises Arkansas native wine retail permits within the annexed area.
(2) If a majority of the electors of the annexed area vote against the issuance of off-premises retail beer permits and off-premises Arkansas native wine retail permits, it shall be unlawful for the director or any county or municipal officer to issue any off-premises retail beer permit or off-premises Arkansas native wine retail permit until the prohibition shall be repealed by a majority vote as provided in this section.
(3) At least four (4) years shall elapse before another local option election may be held in the annexed area.
(c) Except as provided in this section, a petition for local option election shall be governed by § 7-9-101 et seq. and § 3-8-801 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
3-8-205. 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. The source passage cites 3-8-205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-8-206. Conduct of election.
(a)(1) The county board of election commissioners of the particular county shall cause the question to be placed on the ballot at the general election in the following form:
“[ ] FOR the Manufacture or Sale of Intoxicating Liquors
[ ] AGAINST the Manufacture or Sale of Intoxicating Liquors”.
(2) Each elector shall be instructed on the ballot to vote FOR or AGAINST the question by placing an appropriate mark.
(b) The county board of election commissioners shall count the votes cast on the question of the manufacture and sale of alcoholic beverages in the designated area and shall deliver its certificate declaring the result of the election, together with the election returns, within three (3) days after the date of the election, to the county clerk of the county.
(c) Upon petition of twenty-five (25) interested legal voters in the territory affected, within ten (10) days after the date of the election, the county board of election commissioners shall immediately recount the votes and declare the result of the election as determined by such recount.
(d) Within twenty (20) days after the election, the county court shall make and have entered of record its order declaring the result of the election.
(e) The costs of any elections held under the provisions of this subchapter shall be paid by the county in the same manner as other costs of general elections.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-8-206
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 3-8-206. 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.