Ark. Code Ann. » Title 14 Chapter 42
Arkansas Code Annotated

Ark. Code Ann. § 14-42-201 (2026)

Election of municipal officers generally

✓ current as of May 2026
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  1. The general election for the election of municipal officials in all cities and incorporated towns shall be held on the Tuesday following the first Monday in November.
  2. All municipal officials of the cities and towns of the State of Arkansas shall take office January 1 of the year following their election.
    1. In addition to other residency requirements imposed by state law for municipal office holders, candidates for the positions of mayor, clerk, recorder, or treasurer must reside within the corporate municipal limits at the time they file as candidates and must continue to reside within the corporate limits to retain elective office.
    2. In cities of the first class and cities of the second class, candidates for the position of council member shall reside within the corporate limits and their respective wards at the time they file as candidates for council member and when holding that office.

History. Acts 1949, No. 307, §§ 1-3; A.S.A. 1947, §§ 19-902.1 — 19-902.3; Acts 1995, No. 555, § 1; 1995, No. 671, § 1; 1999, No. 642, § 1; 2001, No. 1833, § 1; 2017, No. 879, § 12.

Publisher's Notes. The former last part of subsection (c) provided that all officials elected at general municipal elections then serving four-year terms should continue in office until their successors are elected at the first general election following the expiration of their terms and assume the offices on January 1 of the year after the date of the general election, to be elected every four years thereafter.

Subsection (d) was redesignated as (c) at the direction of the Arkansas Code Revision Commission. Former subsection (c) was repealed prior to the 2001 amendment.

Amendments. The 2017 amendment, in (c)(2), substituted “council member” for “alderman” twice.

Case Notes

Residency Requirements.

Where a mayor-elect owned a home outside of the city limits, but rented a residence within the city limits, the circuit court did not clearly err when it found that the state failed to meet its burden of proving that the mayor-elect did not reside within the city limits, as required under subdivision (c)(1) of this section. For the purposes of subsection (c)(1), the legislature intended for “reside” to mean live or be physically present. State v. Jernigan, 2011 Ark. 487, 385 S.W.3d 776 (2011).

In determining the residency of voters and public officials, the Supreme Court of Arkansas considers (1) whether a person is physically present in a particular location, or (2) whether a person intends to establish a domicile in a particular location. In other words, if a candidate is unable to establish residency by showing physical presence in the requisite location, the court allows a candidate to establish residency by showing domiciliary intent in the requisite location. State v. Jernigan, 2011 Ark. 487, 385 S.W.3d 776 (2011).

Cited: Whittaker v. Carter, 238 Ark. 1074, 386 S.W.2d 498 (1965).

Notes of Decisions
Cited in 2 cases, 2011–2020 · leading case: State v. Jernigan, 385 S.W.3d 776 (Ark. 2011).
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State v. Jernigan, 385 S.W.3d 776 (Ark. 2011). · cites it 12× “The State further claims that, because the evidence in this case made clear that Jernigan had no intention of residing in Lepanto, the circuit court clearly erred in finding that he had [¿fulfilled the residency requirements of section 14-42-201(c)(1). Jernigan responds that he…”
Stephanie Potter Barrett v. John Thurston, in His Off. Capacity as Sec'y of State, 2020 Ark. 36 (Ark. 2020). · cites it 2× “” Ark. Code Ann. § 14-42-201 (c)(1) (Supp. 2019).”
Ark. Code Ann. § 14-42-201(c)(1): 1 case
State v. Jernigan, 385 S.W.3d 776 (Ark. 2011). “The State further claims that, because the evidence in this case made clear that Jernigan had no intention of residing in Lepanto, the circuit court clearly erred in finding that he had [¿fulfilled the residency requirements of section 14-42-201(c)(1). Jernigan responds that he…”
Ark. Code Ann. § 14-42-201(c)(l): 1 case
State v. Jernigan, 385 S.W.3d 776 (Ark. 2011). “The State further claims that, because the evidence in this case made clear that Jernigan had no intention of residing in Lepanto, the circuit court clearly erred in finding that he had [¿fulfilled the residency requirements of section 14-42-201(c)(1). Jernigan responds that he…”
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