Ark. Code Ann. » Title 3 Chapter 08
Arkansas Code Annotated

Ark. Code Ann. § 3-8-101 (2026)

When elections held

✓ current as of May 2026
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Local option elections to determine the legality or illegality of the manufacture, sale, bartering, loaning, or giving away of intoxicating liquors shall be held only on the regular biennial November general election days.

History. Acts 1955, No. 15, § 1; A.S.A. 1947, § 48-824.

Research References

U. Ark. Little Rock L. Rev.

Justin Wayne Harper, Note: A Spirited Revolution: Local Option Elections and the Impending Death of Prohibition in Arkansas, 38 U. Ark. Little Rock L. Rev. 527 (2016).

Case Notes

Construction.

This section and Acts 1955, No. 15, § 2 prohibit special local option elections, but they do not repeal any part of Initiated Act No. 1 of 1942 or change local option elections into initiative acts. Brown v. Davis, 226 Ark. 843, 294 S.W.2d 481 (1956).

Cited: Grubbs v. Rowland, 226 Ark. 874, 296 S.W.2d 201 (1956); Countz v. Roe, 231 Ark. 108, 328 S.W.2d 353 (1959); Armstrong v. Sturch, 235 Ark. 571, 361 S.W.2d 77 (1962); Glover v. Russell, 260 Ark. 609, 542 S.W.2d 751 (1976).

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2008–2024 · leading case: Keep Our Dollars in Indep. Cnty. v. Mitchell, 2017 Ark. 154 (Ark. 2017).
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Keep Our Dollars in Indep. Cnty. v. Mitchell, 2017 Ark. 154 (Ark. 2017). “, the county clerk shall certify that finding to the county board of election commissioners, and the question shall be placed on the ballot in the county, township, municipality, ward, or precinct at the next biennial general election as provided in § 3-8-101. (b)(1) If an…”
Becky Lewallen, in Her Off. Capacity as Washington Cnty. Clerk v. Progress for Cane Hill, a Local-Option Ballot Question Comm., 2024 Ark. 167 (Ark. 2024). · cites it 4× “1 Local-option ballot initiatives are generally governed by Arkansas Code Annotated section 3-8-101 et seq. (the “Local Option Code”).”
Mays v. Cole, 289 S.W.3d 1 (Ark. 2008). “(b) If it is found that thirty-eight percent (38%) of the qualified electors have signed the petition, the county clerk shall certify that finding to the county board of election commissioners, and the question shall be placed on the ballot in the county, township, municipality,…”
Stay Strong, Status Quo, a Local Option Ballot Question Comm., & Bevans Fam. Ltd. P'ship v. Pam Bradford in Her Off. Capacity as Cnty. Clerk of Van Buren Cnty., Arkansas, 2020 Ark. 331 (Ark. 2020). · cites it 5× “2 Section 205(c) states, in that case, “the election shall be had no sooner than sixty-five (65) days after the appeal is determined, if the decision is in favor of the petitioners.”
Barnes v. Arkansas Dep't of Fin. & Admin., 419 S.W.3d 20 (Ark. Ct. App. 2012). · cites it 2× “§ 3-9-202(10)(A)(i)— is a limited exception to the dry-county designation.”
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