Ark. Code Ann. » Title 7 Chapter 07

Ark. Code Ann. § 7-7-103

Filing as an independent — Petitions — Disqualification

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    1. A person desiring to have his or her name placed upon the ballot as an independent candidate without political party affiliation for any United States office other than President of the United States or Vice President of the United States or state, county, township, or district office in any general election in this state shall file, during the party filing period for the year in which the election is to be held, a political practices pledge, an affidavit of eligibility, and a notice of candidacy stating the name and title the candidate proposes to appear on the ballot and identifying the elective office sought, including the position number, if any.
      1. An independent candidate shall state the same position, including the position number, if any, on his or her petition.
      2. When a candidate has identified the position sought on the notice of candidacy, the candidate shall not be allowed to change the position but may withdraw a notice of candidacy and file a new notice of candidacy designating a different position before the deadline for filing.
      1. The person shall furnish by 12:00 noon on May 1 of the year in which the general election is to be held petitions signed by not less than three percent (3%) of the qualified electors in the county, township, or district in which the person is seeking office, but in no event shall more than two thousand (2,000) signatures be required for a district, county, or township office.
      2. If the person is a candidate for state office or for United States Senator in which a statewide race is required, the person shall file petitions signed by not less than three percent (3%) of the qualified electors of the state or which contain ten thousand (10,000) signatures of qualified electors, whichever is the lesser.
    2. Each elector signing the petition shall be a registered voter, and the petition shall be directed to the official with whom the person is required by law to file the petition to qualify as a candidate and shall request that the name of the person be placed on the ballot for election to the office mentioned in the petition.
      1. A petition shall be on a form prescribed by the Secretary of State that includes without limitation a designated space for:
        1. The signature of the qualified elector;
        2. The printed name of the qualified elector;
        3. The date of the signature of the qualified elector; and
        4. The address of the qualified elector.
      2. A petition shall be circulated not earlier than ninety (90) calendar days before the deadline for filing petitions to qualify as an independent candidate unless the number of days is reduced by a proclamation, ordinance, resolution, order, or other authorized document for a special election under § 7-11-101 et seq.
        1. The person filing for office as an independent candidate shall submit with the petition an affidavit that swears:
          1. The signatures were not collected for a period over ninety (90) days;
          2. The beginning and ending dates for collection of signatures on the petition are those as indicated on the affidavit; and
          3. The signatures were collected and the petition was executed and submitted in compliance with the law.
        2. The affidavit under subdivision (b)(3)(C)(i) of this section shall be on a form prescribed by the Secretary of State.
    4. In determining the number of qualified electors in any county, township, or district or in the state, the total number of votes cast therein for all candidates in the preceding general election for the office of Governor shall be conclusive of the number of qualified electors therein for the purposes of this section.
    5. If the number of days in which the petition for independent candidacy may be circulated is reduced by a proclamation, ordinance, resolution, order, or other authorized document for a special election under § 7-11-101 et seq., the number of signatures required on the petition shall be reduced proportionately.
  3. Signatures that are incorrectly obtained or submitted under this section shall not be counted.

History. Acts 1969, No. 465, Art. 1, § 5; 1971, No. 261, § 3; 1972 (1st Ex. Sess.), No. 42, §§ 1, 2; 1975, No. 700, § 1; 1977, No. 731, § 1; 1981, No. 960, § 1; 1985, No. 1055, § 3; A.S.A. 1947, §§ 3-105, 3-105.1; Acts 1989, No. 591, §§ 1, 2; 1993, No. 512, § 7; 1997, No. 886, § 2; 1999, No. 77, § 1; 2001, No. 472, § 1; 2001, No. 1553, § 19; 2001, No. 1789, § 6; 2003, No. 1165, § 6; 2003, No. 1731, § 3; 2005, No. 67, § 16; 2007, No. 1020, § 13; 2007, No. 1049, § 21; 2009, No. 188, § 1; 2009, No. 1480, § 41; 2013, No. 1356, § 1; 2015, No. 340, §§ 1, 2; 2019, No. 68, §§ 1, 2.

Amendments. The 2007 amendment by No. 1020 inserted “12:00 noon on” in (b)(1)(A); and substituted “the petition” for “nomination certificates” in (b)(2).

The 2007 amendment by No. 1049, in (b), added “unless the number of days is reduced by a proclamation, ordinance, resolution, or order of special election under § 7-5-103” in (3), and added (5); in (c)(2)(A), substituted “ninety (90)” for “eighty (80)” and “seventy (70)” for “sixty (60)”; and inserted “or she” in (e).

The 2009 amendment by No. 188 substituted “ninety (90)” for “sixty (60)” in (b)(3), and made a minor stylistic change.

The 2009 amendment by No. 1480 rewrote (a); substituted “order, or other authorized document for a special election under § 7-11-101 et seq.” for “or order of special election under § 7-5-103” or variants in (b)(3) and (b)(5); and deleted (c) through (f).

The 2013 amendment inserted “the petition under this section” in (a)(1); substituted “file” for “furnish by 12:00 noon on May 1 of the year in which the election is to be held” in (b)(1)(A).

The 2015 amendment added present (b)(3)(A); redesignated (b)(3) as (b)(3)(B); substituted “A petition” for “Petitions” in (b)(3)(B); added (b)(3)(C): and added (c).

The 2019 amendment deleted “the petition under this section” following “affidavit of eligibility” in (a)(1); and substituted “furnish by 12:00 noon on May 1 of the year in which the general election is to be held” for “file” in (b)(1)(A).

Research References

ALR.

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

Validity, Construction, and Application of State Requirements for Placement of Independent Candidates for United States Senate on Ballot. 59 A.L.R.6th 111.

U. Ark. Little Rock L. Rev.

Ballot Access Restrictions in Representative Government: An Ode to the Wasted Vote, 26 U. Ark. Little Rock L. Rev. 703.

Case Notes

Constitutionality.

Subsection (e) of this section, even if construed to apply to all petitions filed under the election laws rather than to those specifically mentioned in this section, would violate the constitutional provisions related to the jurisdiction of the Supreme Court under Ark. Const., Art. 7, §§ 4 and 11. American Party v. Brandon, 253 Ark. 123, 484 S.W.2d 881 (1972) (decision prior to 1993 amendment).

The deadline provision and former 15% requirement of this section, taken together, were overbroad, excessively restricted access of independents to the ballot and were unconstitutional as applied to independent candidates for state, district, county and township offices. Lendall v. Bryant, 387 F. Supp. 397 (E.D. Ark. 1975) (decision prior to 1975 amendment).

Former requirement in this section that a person seeking to run as an independent candidate for a state, county, township, or district office file a 15% petition was unconstitutional since reasonably diligent candidates could not be expected to satisfy such a requirement within the period allowed and since such a high percentage was not necessary to protect any compelling state interest. Lendall v. Jernigan, 424 F. Supp. 951 (E.D. Ark.), aff'd, 433 U.S. 901, 97 S. Ct. 2963, 53 L. Ed. 2d 1086 (1977).

Deadline provisions in this section are constitutional in view of administrative necessity, the state's interest in excluding frivolous candidates and achieving a manageable ballot and the fact that reasonably diligent candidates could be expected to satisfy the requirements with some regularity. Rock v. Byrant, 459 F. Supp. 64 (E.D. Ark.), aff'd without op., 590 F.2d 340 (8th Cir. 1978).

State may reasonably require independent candidates seriously seeking statewide office to have concluded their qualifying procedures by the time of the preferential primary, at which the political parties' nominees may be selected. Rock v. Byrant, 459 F. Supp. 64 (E.D. Ark.), aff'd without op., 590 F.2d 340 (8th Cir. 1978).

Construction.

The 1972 amendment to this section did little more than clarify the existing statutes as to the procedure to be followed in qualifying as an independent candidate for municipal offices at general elections. Stillinger v. Rector, 253 Ark. 982, 490 S.W.2d 109 (1973).

The provisions of elections laws are mandatory if enforcement is sought before the election and directory if not raised until after the election. Donn v. McCuen, 303 Ark. 415, 797 S.W.2d 455 (1990).

Purpose.

The statutory requirements for qualifying as candidates are designed so that other pertinent election procedures can be timely met. Donn v. McCuen, 303 Ark. 415, 797 S.W.2d 455 (1990).

Applicability.

A municipal corporation court judge vacancy filled by a countywide election is a municipal office, so former provision of this section applied. Oliver v. Simons, 318 Ark. 402, 885 S.W.2d 859 (1994).

Discrimination.

The court could not find that one who paid his filing fee as an independent candidate for justice of the peace to the wrong treasurer, but otherwise fully complied with the requirements of this subchapter, was denied a place on the ballot because of racial discrimination without evidence that other candidates paying their fees in the wrong place had been placed on the ballot. Bynum v. Burns, 379 F.2d 229 (8th Cir. 1967) (decision under prior law).

Power of Election Commissioners.

The election commissioners have power to determine whether a prima facie showing of a sufficient petition has been made, but they have no other function. Carroll v. Schneider, 211 Ark. 538, 201 S.W.2d 221 (1947) (decision under prior law).

Where a petition bearing a sufficient number of signers was filed, the election commissioners were without authority to refuse to place the name of a candidate on the ballot because some of the signers of the petition were not properly assessed for their full taxes. Carroll v. Schneider, 211 Ark. 538, 201 S.W.2d 221 (1947) (decision under prior law).

Signature Requirement.

If 10,000 signatures are sufficient to demonstrate a modicum of support for an independent candidate under this section, then 10,000 signatures are also sufficient to demonstrate a modicum of support for a new political party. Citizens to Establish a Reform Party v. Priest, 970 F. Supp. 690 (E.D. Ark. 1996) (decision under prior law).

Sufficiency of Petition.

The board of election commissioners has the right to determine the prima facie sufficiency of a petition to have the name of an independent candidate for county office placed on the ballot by counting the number of signers and comparing the total with the number required by law and the county clerk cannot by mandamus compel the board to turn the petition over to him so he can compare the petition with voter registration list to determine their adequacy. Swiderski v. Goggins, 257 Ark. 164, 514 S.W.2d 705 (1974).

Under this section challenges to the sufficiency of an independent candidate's petition are treated the same as challenges to initiative and referendum petitions. Donn v. McCuen, 303 Ark. 415, 797 S.W.2d 455 (1990).

Time of Filing.

Where candidate filed a petition for qualification as an independent candidate for the Arkansas House of Representatives, was notified that his petition was not certified in a letter from the Elections Division of the Secretary of State dated May 2, 2006, but the candidate did not file his verified complaint against the Arkansas Secretary of State until May 31, 2006, which was nine days late, the circuit court did not have subject matter jurisdiction to hear the complaint. Daniels v. Weaver, 367 Ark. 327, 240 S.W.3d 95 (2006).

Cited: Republican Party v. Faulkner County, 49 F.3d 1289 (8th Cir. 1995).

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1990–2022 · leading case: Mark Moore v. Mark Martin
Sort: Relevance Newest Treatment
Mark Moore v. Mark Martin (2017) ca8 · cites it 6× “Ark. Code Ann. § 7-7-103 (a)(1). Petitions for statewide office must be signed by the lesser of three percent of the qualified electors of the state or ten thousand qualified electors.”
Mark Moore v. John Thurston (2019) ca8 · cites it 7× “Acts 1356 , codified as amended at Ark. Code Ann. § 7-7-103 . Petitions may not be circulated for signatures earlier than ninety days prior to this deadline.”
Oliver v. Simons (1994) ark · cites it 19× “Ark. Code Ann. § 7-7-103 (b), (c)(1), and (d) (Repl.”
Arkansas Educational Television Commission v. Forbes (1998) scotus · cites it 2× “Two months later, after obtaining the 2,000 signatures required by Arkansas law, see Ark. Code Ann. § 7-7-103 (c)(l) (Supp. 1993), respondent Ralph Forbes was certified as an independent candidate qualified to appear on the ballot for the seat.”
CITIZENS TO ESTABLISH REFORM PARTY v. Priest (1996) ared · cites it 6× “With regard to filing a petition to have one’s name placed on the ballot as an independent candidate without political party affiliation for state office or for which a statewide race is required, Ark.Code Ann. § 7-7-103(c)(2) requires such person to file with the Secretary of…”
Green Party of Arkansas v. Martin (2011) ca8 · cites it 2× “” ArkCode Ann. § 7-7-103(b)(l)(A). A candidate that gains access to the ballot through independent petition may not list his or her preferred party affiliation on the ballot.”
Green Party of Arkansas v. Daniels (2006) ared · cites it 8× “§ 7-7-205 and the number of signatures (10,000) required to recognize an independent candidate under Ark.Code Ann. § 7-7-103. 2. Certification gives a political party access to the ballot.”
Daniels v. Weaver (2006) ark · cites it 5× “Ark. Code Ann. § 7-7-103 (d) (Supp. 2005).”
Populist Party of Arkansas v. Chesterfield (2004) ark · cites it 8× “Thus, when looking at section 7-8-302 in connection with section 7-7-103 (dealing with the placement of independent candidates on the ballot), it follows that section 7-7-103 requires significantly more signatures.”
Green Party of Arkansas v. Priest (2001) ared · cites it 2× “1996), that the Equal Protection Clause of the Fourteenth Amendment requires that the number of signatures required of new parties seeking recognition be the same as the number (10,000) required of independent candidates seeking ballot access under Section 7-7-103(c)(2) of the…”
Whitfield v. Thurston (2020) ared · cites it 26× “See Ark. Code Ann. § 7-7-103 . 4. At all times relevant to this litigation, Secretary Thurston and his agents were acting under color of state law (Dkt.”
Charles Blackburn v. the Lonoke County Board of Election Commissioners Matthew Brown, Mickey \stubby\" Stumbaugh (2022) · cites it 2× “” Ark. Code Ann. § 7-7-103 (b)(1)(A).1 Blackburn contacted Kristen Shipp, an employee in the Clerk’s office, for assistance in determining the number of signatures he needed to comply with the statutory requirement.”
Show all 14 citing cases →
— Ark. Code Ann. § 7-7-103(b) — 1 case
Oliver v. Simons (1994) ark “Ark. Code Ann. § 7-7-103 (b), (c)(1), and (d) (Repl.”
— Ark. Code Ann. § 7-7-103(b)(1)(A) — 1 case
Whitfield v. Thurston (2020) ared “See Ark. Code Ann. § 7-7-103 . 4. At all times relevant to this litigation, Secretary Thurston and his agents were acting under color of state law (Dkt.”
— Ark. Code Ann. § 7-7-103(b)(l)(A) — 1 case
Green Party of Arkansas v. Martin (2011) ca8 “” ArkCode Ann. § 7-7-103(b)(l)(A). A candidate that gains access to the ballot through independent petition may not list his or her preferred party affiliation on the ballot.”
— Ark. Code Ann. § 7-7-103(b)(l)(B) — 1 case
Green Party of Arkansas v. Martin (2011) ca8 “” ArkCode Ann. § 7-7-103(b)(l)(A). A candidate that gains access to the ballot through independent petition may not list his or her preferred party affiliation on the ballot.”
— Ark. Code Ann. § 7-7-103(c)(2) — 3 cases
CITIZENS TO ESTABLISH REFORM PARTY v. Priest (1996) ared “With regard to filing a petition to have one’s name placed on the ballot as an independent candidate without political party affiliation for state office or for which a statewide race is required, Ark.Code Ann. § 7-7-103(c)(2) requires such person to file with the Secretary of…”
Green Party of Arkansas v. Daniels (2006) ared “§ 7-7-205 and the number of signatures (10,000) required to recognize an independent candidate under Ark.Code Ann. § 7-7-103. 2. Certification gives a political party access to the ballot.”
Green Party of Arkansas v. Priest (2001) ared “1996), that the Equal Protection Clause of the Fourteenth Amendment requires that the number of signatures required of new parties seeking recognition be the same as the number (10,000) required of independent candidates seeking ballot access under Section 7-7-103(c)(2) of the…”
— Ark. Code Ann. § 7-7-103(d) — 2 cases
Oliver v. Simons (1994) ark “Ark. Code Ann. § 7-7-103 (b), (c)(1), and (d) (Repl.”
Daniels v. Weaver (2006) ark “Ark. Code Ann. § 7-7-103 (d) (Supp. 2005).”
— Ark. Code Ann. § 7-7-103(d)(2) — 1 case
Oliver v. Simons (1994) ark “Ark. Code Ann. § 7-7-103 (b), (c)(1), and (d) (Repl.”
— Ark. Code Ann. § 7-7-103(d)(l) — 1 case
Oliver v. Simons (1994) ark “Ark. Code Ann. § 7-7-103 (b), (c)(1), and (d) (Repl.”
— Ark. Code Ann. § 7-7-103(e) — 1 case
CITIZENS TO ESTABLISH REFORM PARTY v. Priest (1996) ared “With regard to filing a petition to have one’s name placed on the ballot as an independent candidate without political party affiliation for state office or for which a statewide race is required, Ark.Code Ann. § 7-7-103(c)(2) requires such person to file with the Secretary of…”
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