Ark. Code Ann. » Title 21 Chapter 08
Arkansas Code Annotated

Ark. Code Ann. § 21-8-301 (2026)

Definitions

✓ current as of May 2026
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As used in this subchapter:

  1. “Constitutional office” means the offices of Governor, Lieutenant Governor, Auditor of State, Treasurer of State, Secretary of State, Commissioner of State Lands, the Attorney General, the General Assembly, Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, and district judge;
  2. “Governmental body” means an office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the state, municipality, county, school district, improvement district, or any political district or subdivision thereof;
    1. “Public appointee” means an individual who is appointed to a governmental body.
    2. “Public appointee” does not include an individual appointed to an elective office;
    1. “Public employee” means an individual who is employed by a governmental body or who is appointed to serve a governmental body.
    2. “Public employee” does not include a public official or a public appointee;
    1. “Public official” means a person holding an elective office of any governmental body, whether elected or appointed to the office.
    2. “Public official” includes without limitation:
      1. A person holding an elective office of any governmental body, whether elected or appointed to the office, during the time period between the date he or she is elected or appointed and the date he or she takes office; and
      2. A member of a school district board of directors;
  6. “Public servant” means a:
    1. Public appointee;
    2. Public employee; or
    3. Public official; and
  7. “Public trust crime” means a crime prohibited under Arkansas Constitution, Article 5, § 9.

History. Acts 1979, No. 570, § 1; A.S.A. 1947, § 12-3001; Acts 2005, No. 1284, § 12; 2011, No. 721, § 14; 2017, No. 449, § 1; 2019, No. 894, § 1.

Amendments. The 2005 amendment deleted former (1) and (2) and the subdivision (3) designation, and made related changes.

The 2011 amendment deleted “‘state employee’ means all employees of the State of Arkansas employed on a full-time or part-time basis” from the end of the introductory language; and added (1) through (5).

The 2017 amendment redesignated former (4)(B) as the introductory language of (4)(B) and (4)(B)(i); added “without limitation” in the introductory language of (4)(B); and added (4)(B)(ii).

The 2019 amendment added the definitions for “Constitutional office” and “Public trust crime”.

RESEARCH REFERENCES

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2005 Arkansas General Assembly, Election Law, 28 U. Ark. Little Rock L. Rev. 351.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2020–2026 · leading case: James Winfield Wyatt v. Tyray Carr; Pulaski Cnty. Bd. of Election Commissioners; & John Thurston, in His Off. Capacity as Sec'y of State, 2020 Ark. 21 (Ark. 2020).
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James Winfield Wyatt v. Tyray Carr; Pulaski Cnty. Bd. of Election Commissioners; & John Thurston, in His Off. Capacity as Sec'y of State, 2020 Ark. 21 (Ark. 2020). · cites it 7× “Ark. Code Ann. § 21-8-301 (7). Article 5, § 9 provides that no person convicted of an infamous crime is capable of holding any office of trust or profit in this state.”
John Kyle Day v. Laura "missy" Michelle Wardlaw; Bradley Cnty. Bd. of Election Commissioners; Desha Cnty. Bd. of Election Commissioners; Drew Cnty. Bd. of Election Commissioners; Cole Jester, in His Off. Capacity as Arkansas Sec'y of State; Repub. Party of Arkansas; & Sharon Stuthard, in Her Off. Capacity as Sec'y of the State Comm. of the Repub. Party of Arkansas, 2026 Ark. 21 (Ark. 2026). · cites it 8× “See Ark. Code Ann. § 21-8-301 (1) (Supp. 2019).”
Casey Reed v. Ken Yang; Grant Cnty. Bd. of Election Commissioners; Saline Cnty. Bd. of Election Commissioners; Geral Harrison, in His Capacity as Grant Cnty. & Circuit Clerk; Doug Curtis, in His Capacity as Saline Cnty. Clerk; Joseph Wood, in His Capacity as Chairman of the Repub. Party of Arkansas; & Cole Jester, in His Capacity as Arkansas Sec'y of State, 2026 Ark. 32 (Ark. 2026). · cites it 3× “See Ark. Code Ann. § 21-8-301 (1), (7); Ark. Const.”
— Ark. Code Ann. § 21-8-301(7) — 1 case
John Kyle Day v. Laura "missy" Michelle Wardlaw; Bradley Cnty. Bd. of Election Commissioners; Desha Cnty. Bd. of Election Commissioners; Drew Cnty. Bd. of Election Commissioners; Cole Jester, in His Off. Capacity as Arkansas Sec'y of State; Repub. Party of Arkansas; & Sharon Stuthard, in Her Off. Capacity as Sec'y of the State Comm. of the Repub. Party of Arkansas, 2026 Ark. 21 (Ark. 2026). “See Ark. Code Ann. § 21-8-301 (1) (Supp. 2019).”
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