Arkansas Code Annotated

Ark. Code Ann. § 14-14-1306 (2026)

Residence required

✓ current as of May 2026

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All county, county quorum court district, and township officers shall reside within their respective townships, districts, and counties.
An office shall be deemed vacant if a county officer removes his or her legal residence from the county or if a district or township officer removes his or her legal residence from the district township from which elected.
For purposes of this section, legal residence shall be defined as the domicile of the officer evidenced by the intent to make such residence a fixed and permanent home.

History. Acts 1977, No. 742, § 45; 1979, No. 413, § 9; A.S.A. 1947, § 17-3605.

Case Notes

Construction.

This section does not alter Ark. Const., Art. 19, § 3, as interpreted by the Supreme Court. Davis v. Holt, 304 Ark. 619, 804 S.W.2d 362 (1991).

Determination of Residency.

In determining the residency of a candidate and whether he is qualified to run for office from a certain district, the conduct and actions of the candidate regarding his residency must be in conformity with his stated intent, and both the intent and conduct of the candidate must be considered as factors in determining his residency. Brick v. Simonetti, 279 Ark. 446, 652 S.W.2d 23 (1983).

Where, in an action challenging the residency qualifications of a candidate who had won an election for justice of the peace in District No. 11, the evidence showed that the candidate had resided in District No. 11 for many years until her place of residence was changed to District No. 10 by a quirk of redistricting that occurred shortly before her election, and that the candidate, after learning of the change, moved into an apartment within District No. 11, set up housekeeping, changed her voter registration to the new address, obtained a telephone at the apartment, ate most of her meals at the apartment, and began making the apartment her home, the evidence supported the finding that the candidate was a resident of District No. 11. Brick v. Simonetti, 279 Ark. 446, 652 S.W.2d 23 (1983).

Cited: State ex rel. Robinson v. Craighead County Bd. of Election Comm'rs, 300 Ark. 405, 779 S.W.2d 169 (1989).

Notes of Decisions

Cited in 3 cases, 1989–2011 · leading case: State ex rel. Robinson v. Craighead Cnty. Bd. of Election Commissioners, 779 S.W.2d 169 (Ark. 1989).

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State ex rel. Robinson v. Craighead Cnty. Bd. of Election Commissioners, 779 S.W.2d 169 (Ark. 1989). · cites it 4× “The appellant alleged that two justices of the peace candidates, Hugh Atwood and Tom Cureton, did not reside in the districts for which they were seeking election, as required by Ark. Code Ann. § 14-14-1306 (a) (1987). She claimed that candidate Bill Webster was not eligible to…”

Davis v. Holt, 804 S.W.2d 362 (Ark. 1991). · cites it 4× “This pronouncement is complicated somewhat by Ark. Code Ann. § 14-14-1306 (1987) which provides: (a) All county, county quorum court district, and township officers shall reside within their respective townships, districts, and counties.”

State v. Jernigan, 385 S.W.3d 776 (Ark. 2011). · cites it 4× “Or, the legislature could have defined the term in the statute to include domiciliary intent, as it did in Arkansas Code Annotated section 14-14-1306 (Repl.1998), 2 the statute governing the residency requirements for county government officers.”

— Ark. Code Ann. § 14-14-1306(c) — 1 case

Davis v. Holt, 804 S.W.2d 362 (Ark. 1991). “This pronouncement is complicated somewhat by Ark. Code Ann. § 14-14-1306 (1987) which provides: (a) All county, county quorum court district, and township officers shall reside within their respective townships, districts, and counties.”

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