A political party shall not be recognized, qualified to participate, or permitted to have the names of its candidates printed on the ballot in any election in this state that:
Either directly or indirectly advocates, teaches, justifies, aids, or abets the overthrow by force or violence, or by any unlawful means, of the government of the United States or this state, or an act of terrorism as described by § 5-54-205; or
Directly or indirectly carries on, advocates, teaches, justifies, aids, or abets a program of sabotage, force and violence, sedition, or treason against the government of the United States or this state.
A newly organized political party shall not be recognized, qualified to participate, or permitted to have the names of its candidates printed on the ballot in any election in this state until it has filed an affidavit, by the officers of the party in this state under oath, that:
It does not either directly or indirectly advocate, teach, justify, aid, or abet the overthrow by force or violence or by any unlawful means of the government of the United States or this state, or an act of terrorism as described by § 5-54-205; or
It does not directly or indirectly carry on, advocate, teach, justify, aid, or abet a program of sabotage, force and violence, sedition, or treason against the government of the United States or this state.
The affidavit shall be filed with the Secretary of State.
Any person who violates any provision of this section shall be guilty of a Class A misdemeanor.
Amendments.
The 2013 amendment, in (a) and (b)(1), substituted “A” for “No” and inserted “not”; and substituted “described” for “defined” in (a)(1) and (b)(1)(A).
Validity, construction, and application of state statutes governing “minor political parties”. 120 A.L.R.5th 1.
Case Notes
Constitutionality.
Former law outlawing the Communist Party was constitutional against contention that it denied the right of suffrage to a person or group of persons and denied them their right of freedom of the speech and freedom of the press. Field v. Hall, 201 Ark. 77, 143 S.W.2d 567 (1940) (decision under prior law).
Discretion of Secretary of State.
Under former law outlawing the Communist Party and imposing the duty upon the Secretary of State to determine whether a political party advocated the overthrow of the government by force or violence or carried on a program of sedition or treason, the discretion of the Secretary of State was subject to control by the courts if exercised arbitrarily and without information to justify his act. Field v. Hall, 201 Ark. 77, 143 S.W.2d 567 (1940) (decision under prior law).
Reviewing court could not say, as a matter of law, that the Secretary of State acted arbitrarily or abused his discretion in refusing to place the names of nominees of the Communist Party on the ballot without giving them a trial. Field v. Hall, 201 Ark. 77, 143 S.W.2d 567 (1940) (decision under prior law).
Sufficiency of Evidence.
In mandamus proceeding to compel Secretary of State to accept the certificates of nomination of the nominees of the Communist Party of Arkansas, evidence that it had adopted the constitution of the Communist Party of the United States which supported revolutionary movement against existing social and political order was sufficient to sustain finding that the party advocated the overthrow of local, state or national government. Field v. Hall, 201 Ark. 77, 143 S.W.2d 567 (1940) (decision under prior law).
Cited:
Republican Party v. Faulkner County, 49 F.3d 1289 (8th Cir. 1995); Independent Party v. Priest, 907 F. Supp. 1276 (E.D. Ark. 1995).
Chapter 4
Boards of Election Commissioners and Other Election Officers
Subchapter 1
— General Provisions
Effective Dates.
Acts 1969, No. 465, Art. 13, § 10: approved Apr. 17, 1969. Emergency clause provided: “It is hereby found and declared by the General Assembly of the State of Arkansas that the present election laws are ancient and outdated in part and have caused and are causing much confusion and controversy, that there are particular problem areas in the present law which need immediate legislation in order to resolve same, that elections are and will continue to be held and conducted in this atmosphere of confusion and controversy until these problem areas are resolved and this Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist and this Act shall be in force and effect from and after its passage.”
Acts 1970 (1st Ex. Sess.), No. 11, § 3: approved Mar. 13, 1970. Emergency clause provided: “It is hereby found and declared by the General Assembly of the State of Arkansas that the error corrected by this act causes great confusion in the preparation for an election; that an election is being prepared for at this time and this act being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist and this act shall be in force and effect from and after its passage.”
Acts 1972 (1st Ex. Sess.), No. 41, § 4: Feb. 18, 1972. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present requirements that primary election officials reside in the ward or voting precinct in which such official is appointed to serve is unreasonably restrictive and may result in it being very difficult to obtain election officials to conduct primary elections in this state and that it is essential to the proper and efficient conduct of such election that this requirement be removed immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1973, No. 157, § 10: Feb. 20, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that under the present laws of the state, that separate or common polling places cannot be established by county committees in counties using voting machines without attendant substantial costs; that it is essential to the proper and economical administration of the election laws of this state that legislation be enacted immediately to provide that respective county committees or county elections commissions in counties using voting machines may designate separate and/or common polling places where all elections can be held and to provide for a minimum number of election officials to serve at such polling places so that substantial economies can be realized in the conduct of such elections. Therefore, an emergency is declared to exist and this act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1977, No. 783, § 6: Mar. 28, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that the efficient and proper conduct of elections in this state is essential to our form of representative government, and that the immediate passage of this act is necessary to reorganize the membership of the State Board of Election Commissioners and to establish a Citizens Election Advisory Council to plan and supervise the conduct of elections and to recommend laws to strengthen the state's election process. Therefore, an emergency is hereby declared to exist, and this act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1987, No. 403, § 4: Mar. 25, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present per diem prescribed by law for the county board of election commissioners was established in 1969 and there has been some difference of opinion concerning whether the per diem prescribed in Section 7 of Article 5 of Act 465 of 1969 was intended as a fixed per diem or merely a minimum per diem to be paid members of the county board of election commissioners; that it is the purpose of this act to permit the increase of the per diem prescribed by law for members of the county board of election commissioners and to ratify and confirm the payment of a per diem in excess of fifteen dollars ($15.00) per day to county boards of election commissioners prior to the effective date of this act, and that this act should be given effect immediately to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1989, No. 522, § 5: Mar. 14, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that by law the county chairman of the county committee of the majority party and the minority party are members of the county board of election commissioners; that in some instances these persons are also elected officials; that it constitutes at least the appearance of a conflict of interest for the county chairmen, when also elected officials, to serve on the county board of election commissioners; that this Act will prohibit them from serving and therefore avoid the appearance of a conflict of interest; and that until this Act becomes effective the possibility of the conflict of interest will continue. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1993, No. 760, § 5: Mar. 26, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that present law does not allow a member of the County Board of Election Commissioners to fill a vacancy in an elective office without vacating his seat on the commission; that such law is inequitable and denies the citizens of this state the service of highly qualified people; that this act corrects the inequity; and that this act should go into effect immediately in order to allow the citizens the service of qualified people who are otherwise unable to serve. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Identical Acts 1995, Nos. 349 and 352, § 7: Feb. 17, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that there now exists a vacancy on the Ethics Commission due to a decision by the Arkansas Supreme Court that invalidated the Chief Justice's appointment of a member of the commission; that this vacancy should be filled as soon as possible; and that this act establishes the mechanism for filling that vacancy and therefore should be placed into effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1995, No. 709, § 21: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”
Acts 1995, No. 1217, § 12: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”
Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer [sic], it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”
Acts 2001, No. 1174, § 2: Mar. 29, 2001. Emergency clause provided: “It is found and determined by the General Assembly that four of the terms will expire prior to the implementation of this act and as a result the State Board of Election Commissioners will lose a majority of its current membership, resulting in a loss of continuity and experience. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”
Acts 2019, No. 376, § 14: Mar. 8, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act amends the process for circulating initiative petitions and referendum petitions; and that the provisions of this act should become effective immediately so that its provisions apply to all petitions circulated after the passage of the act to avoid confusion in petition circulation. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto”. The emergency clause for Acts 2019, No. 376 was held to be defective in Safe Surgery Ark. v. Thurston, 2019 Ark. 403.
Research References
Am. Jur.
25 Am. Jur. 2d, Elections, § 83 et seq.
Ark. L. Notes.
Cihak and Springman, HAVA and Arkansas Election Law Reform: Compliance and Promise, 2006 Arkansas L. Notes 1.
C.J.S.
29 C.J.S., Elections, § 108 et seq.
Case Notes
Performance of Official Duties.
The presumption that officers, absent proof to the contrary, have performed their official duties applies also to election officers. McKenzie v. City of DeWitt, 196 Ark. 1115, 121 S.W.2d 71 (1938) (decision under prior law).
Indep. Party of Arkansas v. Sec'y of State Priest, 907 F. Supp. 1276 (E.D. Ark. 1995). · cites it 8דHowever, the Attorney General determined that the IPA would not be “qualified” as a political party until it filed its “anti-communist oath” pursuant to Ark.Code Ann. § 7-3-108. In August of 1994, the IPA selected Skip Cook as its gubernatorial nominee.”
In re Arkansas Code of Jud. Conduct, Canon 5, 347 Ark. 1014 (Ark. 2001). · cites it 4ד” In the case of a newly organized political party, the term “political party” shall mean a party that satisfies the requirements contained in Ark. Code Ann. § 7-3-108 (b). CANON 5 A JUDGE OR JUDICIAL CANDIDATE SHALL REFRAIN FROM INAPPROPRIATE POLITICAL ACTIVITY.”
Lewis v. West, 885 S.W.2d 663 (1994). · cites it 2ד(3) The IPA did not become a qualified political party until September 19, 1994, at which time it filed the “anticommunist” affidavit required by Ark. Code Ann. § 7-3-108 (b). (4) The IPA, as a recognized and qualified political party, was not required to hold a primary election…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.