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7-7-106. Filling vacancies in candidacy for nomination — Preferential primary.
Arkansas Code — all titles (historical 2020) · legal_authorities
7-7-106. Filling vacancies in candidacy for nomination — Preferential primary.
(a) A political party may fill a vacancy if:
(1) A person is running unopposed in a preferential primary and cannot accept the nomination due to death; or
(2) A person is running unopposed in a preferential primary and notifies the party that he or she will not accept the nomination due to a serious illness.
(b) The vacancy shall be filled in accordance with respective political party rules.
(c) If the vacancy is filled more than sixty-six (66) days before the preferential primary election, the name of the person filling the vacancy shall be printed on the ballot instead of the name of the person who vacated the candidacy.
(d) If the vacancy is filled less than sixty-six (66) days before the date of the preferential primary election, the name of the person subsequently elected to fill the vacancy in candidacy shall be declared the nominee even if the name of the person who vacated the candidacy appears on the preferential primary ballot.
(e) If the vacancy in candidacy is not filled before the date of the preferential primary election, a vacancy in nomination shall be deemed to exist on the date of the preferential primary election and the vacancy in nomination shall be filled under § 7-7-104.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-7-106
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:7-7-106
Source file: gov.ar.code.title.07.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9ff9b88078990fdf7a39306741c7309895b201f86723b7f6c6d132420132299e
Source location: content.xml paragraph 5760
Stored source content
7-7-106. Filling vacancies in candidacy for nomination — Preferential primary.
(a) A political party may fill a vacancy if:
(1) A person is running unopposed in a preferential primary and cannot accept the nomination due to death; or
(2) A person is running unopposed in a preferential primary and notifies the party that he or she will not accept the nomination due to a serious illness.
(b) The vacancy shall be filled in accordance with respective political party rules.
(c) If the vacancy is filled more than sixty-six (66) days before the preferential primary election, the name of the person filling the vacancy shall be printed on the ballot instead of the name of the person who vacated the candidacy.
(d) If the vacancy is filled less than sixty-six (66) days before the date of the preferential primary election, the name of the person subsequently elected to fill the vacancy in candidacy shall be declared the nominee even if the name of the person who vacated the candidacy appears on the preferential primary ballot.
(e) If the vacancy in candidacy is not filled before the date of the preferential primary election, a vacancy in nomination shall be deemed to exist on the date of the preferential primary election and the vacancy in nomination shall be filled under § 7-7-104.
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Arkansas Code — all titles (historical 2020) · legal_authorities
7-7-104. Vacancy in nomination — Alternative methods for filling — Tie vote.
(a) Except as provided in subsection (b) of this section, nominees of a political party to fill a vacancy in nomination, as defined in § 7-1-101, shall be declared by:
(1) Certificate of the chair and secretary of any convention of delegates held following receipt of the Governor's letter certifying vacancy; or
(2)(A) A special primary election called, held, and conducted in accordance with the rules of the party.
(B) A special primary election may be called only if the special primary election can be called, held, conducted, and certified and certificates of nomination filed at least seventy (70) days before the general election.
(b)(1) In case of a tie vote for the same office at a general primary election, a vacancy in nomination for that office shall exist.
(2)(A) Nominees of a political party to fill a vacancy in nomination resulting from a tie vote for the same office at a general primary election shall be declared by certificate of the chair and secretary of an appropriate convention of delegates held following receipt of the Governor's letter certifying a vacancy.
(B) A convention of delegates shall be conducted in accordance with the rules of the party.
(c)(1) When a vacancy in nomination occurs as a result of death or when the person who received the majority of votes cast at the preferential primary election or the general primary election notifies the state committee of the political party of his or her intent to refuse nomination due to serious illness, moving out of the area from which elected as the party's nominee, or filing for another office, the state committee of the political party shall notify the Governor within ten (10) calendar days after the date of dea
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-7-104
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 7-7-104. This identifies an authority to review, not proof of applicability.