Ark. Code Ann. » Title 7 Chapter 07
Arkansas Code Annotated

Ark. Code Ann. § 7-7-102 (2026)

Party nominees certified at primary election

✓ current as of May 2026
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
  1. Except as provided in subsection (b) of this section, nominees of any political party for United States Senate, United States House of Representatives, or state, district, county, township, or applicable municipal office to be voted upon at a general election shall be certified as having received a majority of the votes cast for the office, or as an unopposed candidate, at a primary election held by the political party in the manner provided by law.
  2. A new political party established by petition shall nominate any candidate by convention for the first general election after certification of a sufficient petition.

History. Acts 1969, No. 465, Art. 1, § 5; 1971, No. 261, § 3; 1972 (1st Ex. Sess.), No. 42, § 1; 1975, No. 700, § 1; A.S.A. 1947, § 3-105; Acts 2009, No. 959, § 34; 2011, No. 1036, § 1.

Amendments. The 2009 amendment deleted (b); and inserted “township, or applicable municipal” and made related changes.

The 2011 amendment added (b); and added “Except as provided in subsection (b) of this section” in (a).

Research References

ALR.

Constitutionality of candidate participation provisions for primary elections. 121 A.L.R.5th 1.

Case Notes

Constitutionality.

Requiring that political parties both conduct and pay for primary elections as a condition of access to the general election ballot is unconstitutional; the combined effect of § 7-7-102(a) and former § 7-3-101(4) impermissibly burdens the First and Fourteenth Amendment associational rights of voters. Republican Party v. Faulkner County, 49 F.3d 1289 (8th Cir. 1995).

Construction.

Section 7-7-101 largely is a restatement of language found in Acts 1957, No. 205, § 1, the 1957 Compulsory Primary Act; this section also tracks that act's language. Lewis v. West, 318 Ark. 334, 885 S.W.2d 663 (1994).

Election Contest.

In election contest suit where unsuccessful candidate in preferential primary contested certification of vote and certification of nomination, his cause did not become moot even though contestee was elected alderman in general election. Porter v. Hesselbein, 235 Ark. 379, 360 S.W.2d 499 (1962) (decision under prior law).

Vacancies.

This title, through §§ 7-1-101, 7-7-101, and this section, requires political parties to hold primary elections (rather than conventions) except where a vacancy in nomination or vacancy in office exists. Lewis v. West, 318 Ark. 334, 885 S.W.2d 663 (1994).

Cited: Smith v. Clinton, 687 F. Supp. 1310 (E.D. Ark. 1988); Tittle v. Woodruff, 322 Ark. 153, 907 S.W.2d 734 (1995).

Notes of Decisions
Cited in 5 cases, 1988–1998 · leading case: Smith v. Clinton, 687 F. Supp. 1310 (E.D. Ark. 1988).
Sort: Relevance Newest Treatment
Smith v. Clinton, 687 F. Supp. 1310 (E.D. Ark. 1988). · cites it 2× “Ark.Code Ann. §§ 7-7-102(a), 7-7-304(a)(2) (1987).”
Indep. Party of Arkansas v. Sec'y of State Priest, 907 F. Supp. 1276 (E.D. Ark. 1995). · cites it 6× “In light of the Arkansas Supreme Court’s decision, the circuit court subsequently entered an order denying Cook’s cross-complaint for mandamus and declaratory relief. The court concluded that: (1) the IPA was a qualified political party; (2) however, the IPA was required to…”
Brooks v. Miller, 158 F.3d 1230 (11th Cir. 1998). “Code § 17-16-36 (1995); Ark.Code Ann. § 7-7-102 (Michie 1993); Fla.”
Tittle v. Woodruff, 907 S.W.2d 734 (Ark. 1995). “See § 7-7-102. On the first Monday following the general primary election held on June 14, 1994, the Washington County party conventions were required to meet, and immediately following the conventions, the respective party county committee members were mandated by law to…”
Brooks v. Miller, 158 F.3d 1230 (11th Cir. 1998). “Code § 17-16-36 (1995); Ark. Code Ann. § 7-7-102 (Michie 1993); Fla.”
— Ark. Code Ann. § 7-7-102(a) — 2 cases
Smith v. Clinton, 687 F. Supp. 1310 (E.D. Ark. 1988). “Ark.Code Ann. §§ 7-7-102(a), 7-7-304(a)(2) (1987).”
Indep. Party of Arkansas v. Sec'y of State Priest, 907 F. Supp. 1276 (E.D. Ark. 1995). “In light of the Arkansas Supreme Court’s decision, the circuit court subsequently entered an order denying Cook’s cross-complaint for mandamus and declaratory relief. The court concluded that: (1) the IPA was a qualified political party; (2) however, the IPA was required to…”
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.