Ark. Code Ann. § 14-43-411 (2026)
Council member vacancy in mayor-council form of government
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- Whenever a vacancy occurs in the office of council member in a city of the first class having a population of less than twenty thousand (20,000) according to the most recent federal decennial census, at the first regular meeting after the occurrence of the vacancy, the city council shall proceed to elect by a majority vote of the remaining members elected to the council a council member to serve for the unexpired term.
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- However, at least a quorum of the whole number of the city council shall remain in order to fill a vacancy.
- The election by the remaining members of the city council is not subject to veto by the mayor.
- The person elected by the council shall be a resident of the ward where the vacancy occurs at the time of the vacancy.
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When a vacancy occurs in any position of council member in a city having a population of twenty thousand (20,000) or more according to the most recent federal decennial census, a new council member shall be chosen in the following manner:
- If the unexpired portion of the term of a council member exceeds one (1) year, at the first regular meeting after the occurrence of the vacancy, the city council shall proceed to either elect by a majority vote of the remaining members elected to the council a council member to serve for the unexpired term or call for a special election to be held in accordance with § 7-11-101 to fill the vacancy; or
- If the unexpired portion of the term of a council member is one (1) year or less, a successor shall be chosen by a majority vote of the members of the council.
History. Acts 1943, No. 154, § 1; 1981, No. 303, § 1; A.S.A. 1947, § 19-1026; Acts 1997, No. 202, § 1; 2005, No. 2145, § 28; 2007, No. 1049, § 47; 2009, No. 185, § 2; 2009, No. 385, § 2; 2009, No. 1480, § 65.
Publisher's Notes. This section is being set out to correct references throughout from “alderman” to “council member”, for consistency with Acts 2017, No. 879.
Amendments. The 2009 amendment by No. 185 redesignated (a)(1), added (a)(1)(C), and made minor stylistic changes.
The 2009 amendment by No. 385 inserted “in mayor-council form of government” in the section heading; inserted “having a population of less than twenty thousand (20,000) according to the most recent federal decennial census” and substituted “the first” for “any” in (a)(1)(A), and redesignated (a)(1)(B) and (C); in (b), in the introductory language, substituted “twenty thousand (20,000)” for “fifty thousand (50,000)” and deleted “and having a mayor-council form of government in which the electors of each ward elect one (1) or more aldermen” following “census,” and rewrote (b)(1); and made related changes.
The 2009 amendment by No. 1480 substituted “§ 7-11-101 et seq.” for “§ 7-5-103(a)” in (b)(1).
Case Notes
Reinstatement of Former Alderman.
Where an alderman was regularly elected in a city of the first class to fill the office of an alderman convicted of a crime, he was elected for the unexpired term and, in the absence of a statute providing for reinstatement or restoration to office under the circumstances, the former alderman could not be reinstated to office upon reversal of his conviction, since the public interest must be considered paramount. May v. Edwards, 255 Ark. 1041, 505 S.W.2d 13 (1974).