Ark. Code Ann. § 7-7-201 (2026)
Law governing primary elections
- The cost of political party primaries shall be borne by the State of Arkansas and shall be paid from an appropriation made to the State Board of Election Commissioners for that purpose.
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- Within each county, the political party primary elections shall be conducted by the county board of election commissioners.
- The State Board of Election Commissioners shall have authority to adopt rules for the administration of primary elections consistent with the provisions of this chapter.
- The State Board of Election Commissioners may withhold reimbursement of funds to the counties for state-funded elections for failure to comply with the rules developed by the State Board of Election Commissioners for the administration of primary elections or applicable state election laws until all requirements are met to the satisfaction of the State Board of Election Commissioners.
- Each political party shall be responsible for determining the qualifications of candidates seeking nomination by the political party, provide necessary applications for candidacy, accept and process the applications, and determine the order of its ballot.
- All political party primary elections shall be conducted in conformity with the provisions of this act, and these elections are declared to be legal elections.
- In cases of circumstances or procedures which may arise in connection with any primary election for which there is no provision of this act governing the circumstances or procedures, they shall be governed by the general election laws of this state or by party rules if there is no applicable general election law.
History. Acts 1969, No. 465, Art. 1, § 7; A.S.A. 1947, § 3-107; Acts 1995, No. 901, § 2; 2001, No. 1175, § 1; 2007, No. 987, § 2.
Amendments. The 2007 amendment deleted former (b)(1) and redesignated the remaining subsections accordingly; and deleted “under the direction of the state board” following “commissioners” in present (b)(1).
Meaning of “this act”. Acts 1969, No. 465, codified as §§ 7-1-101, 7-1-103 — 7-1-105, 7-3-101 — 7-3-108, 7-4-101 — 7-4-105, 7-4-107 — 7-4-112, 7-5-101, 7-5-102, 7-5-103 [repealed], 7-5-202 — 7-5-209, 7-5-210 [repealed], 7-5-211, 7-5-301, 7-5-302 [repealed], 7-5-303 [repealed], 7-5-304 — 7-5-306, 7-5-307 [repealed], 7-5-308, 7-5-309, 7-5-312, 7-5-313 [repealed], 7-5-314 — 7-5-319, 7-5-401 — 7-5-403, 7-5-405 — 7-5-417, 7-5-501 [repealed], 7-5-502 — 7-5-504, 7-5-505 [repealed], 7-5-506 [repealed], 7-5-507, 7-5-508 [repealed], 7-5-509, 7-5-511 [repealed], 7-5-512, 7-5-513, 7-5-514 [repealed], 7-5-515 — 7-5-518, 7-5-519 [repealed], 7-5-520 — 7-5-522, 7-5-524 — 7-5-531, 7-5-701 — 7-5-706, 7-5-801 — 7-5-809, 7-6-101 — 7-6-105, 7-7-101 — 7-7-105, 7-7-201 — 7-7-203, 7-7-301 — 7-7-307, 7-7-309, 7-7-310 [repealed], 7-7-401, 7-7-402, 7-7-403 [repealed], 7-8-101 — 7-8-104, 7-8-301, 7-8-302, 7-8-304 — 7-8-307, 25-16-801.
RESEARCH REFERENCES
ALR.
Effect of irregularities or defects in primary petitions—State cases. 14 A.L.R.6th 543.
Case Notes
General Election Laws.
In the absence of a declaration to that effect, the general election laws have no application to legalized primary elections. State v. Simmons, 117 Ark. 159, 174 S.W. 238 (1915) (decision under prior law).
Qualification of Candidate.
Where a candidate brought a suit against a political party because his name was struck from the ballot after he had been certified by the party, the trial court erred in relying on subdivision (b)(5) [now subdivision (b)(4)] of this section to dismiss the case; the candidate's recourse, pre-election and after certification as completing the steps to file as a candidate by the Democratic Party, was to file suit for declaratory judgment and mandamus on his eligibility. Hill v. Carter, 357 Ark. 597, 184 S.W.3d 431 (2004).
Cited: Williams v. State, 254 Ark. 799, 496 S.W.2d 395 (1973); Republican Party v. Faulkner County, 49 F.3d 1289 (8th Cir. 1995).