Ark. Code Ann. § 7-7-203 (2026)
Dates
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The general primary election shall be held:
- For years in which the office of Governor will appear on the ballot at the general election, on the third Tuesday in June preceding the general election; and
- For years in which the office of President of the United States will appear on the ballot at the general election, on the Tuesday four (4) weeks following the preferential primary election.
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The preferential primary election shall be held:
- For years in which the office of Governor will appear on the ballot at the general election, on the Tuesday four (4) weeks before the general primary election; and
- For years in which the office of President of the United States will appear on the ballot at the general election, on the first Tuesday after the first Monday in March.
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The party filing period shall be a one-week period beginning and ending on the following dates and times:
- For years in which the office of Governor will appear on the ballot at the general election, beginning at 12:00 noon one (1) week prior to the first day in March and ending at 12:00 noon on the first day in March; and
- For years in which the office of President of the United States will appear on the ballot at the general election, beginning at 12:00 noon on the first Monday in November preceding the general primary election and ending at 12:00 noon on the seventh day thereafter.
- Party pledges, if any, and affidavits of eligibility shall be filed, any filing fees of a political party, if any, shall be paid, and party certificates shall be issued by the party during regular office hours during the party filing period.
- A party certificate and the political practices pledge shall be filed with the county clerk or the Secretary of State, as the case may be, during regular office hours during the party filing period.
- The name of a candidate who fails to file a party certificate and political practices pledge by the filing deadline with the Secretary of State or county clerk, as the case may be, shall not appear on the ballot.
- Party pledges, if any, shall be filed, filing fees, if any, shall be paid, and party certificates and political practices pledges shall be filed for special primary elections on or before the deadline established by proclamation of the Governor or other entity authorized to call a special primary election.
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The party filing period shall be a one-week period beginning and ending on the following dates and times:
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- At least seventy-five (75) days before the preferential primary election, the Secretary of State shall certify to the various county committees and to the various county boards of election commissioners a list of the names of all candidates who have filed party certificates with the Secretary of State within the time required by law.
- At least seventy-five (75) days before the preferential primary election, the county clerk shall certify to the county committees and to the county board of election commissioners a list of the names of all candidates who have filed party certificates with the county clerk within the time required by law.
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- The county board of election commissioners shall convene, at the time specified in the notice to the members given by the chair of the board, no later than the tenth day after each primary election for the purpose of canvassing the returns and certifying the election results.
- If no time is specified for the meeting of the county board of election commissioners, the meeting shall be at 5:00 p.m.
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The county convention of a political party holding a primary election shall be held:
- No sooner than the day after the general primary election is held or, if no general primary election is held, no sooner than the day after the preferential primary election is held; and
- No later than one hundred (100) days before the general election.
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- The county board of election commissioners shall certify to the county clerk and the county committee a list of all candidates who received the most votes or are unopposed on the ballot for county, township, and municipal offices, and the political parties' county committee members and delegates.
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The list under subdivision (g)(1)(A) of this section shall be provided no later than:
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Ten (10) days after certification of the:
- General primary election; or
- If no general primary election will be held, the preferential primary election; and
- One hundred (100) days before the general election.
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Ten (10) days after certification of the:
- At the same time, the county board of election commissioners shall certify to the Secretary of State and the secretary of the state committee the results of the contests for all United States, state, and district offices. Immediately after ascertaining the results for all United States, state, and district offices, the Secretary of State shall certify to the state committee a list of all nominated candidates for the offices.
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- The Secretary of State shall at least one hundred (100) days before the date of the general election notify by registered mail the chair and secretary of the state committee of the respective political parties that a certificate of nomination is due for all nominated candidates for United States, state, and district offices in order that the candidates' names be placed on the ballot of the general election.
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- The state committee shall issue certificates of nomination to all nominated candidates for United States, state, and district offices, who shall file the certificates with the Secretary of State at least ninety (90) days before the general election.
- However, if the chair and secretary of the state committee of the respective political parties are not properly notified as directed by subdivision (h)(1)(A) of this section, the failure of a candidate to file a certificate of nomination by the deadline shall not prevent that candidate's name from being placed on the ballot of the general election.
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- Each county clerk shall at least one hundred (100) days before the date of the general election notify by registered mail the chairs and secretaries of the county committees of the respective political parties that a certified list of all nominated candidates for county, township, and municipal offices is due and shall be filed with the county clerk in order that the candidates' names be placed on the ballot for the general election.
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- Each county political party committee shall issue the certified list on behalf of those nominated candidates and submit the certified list to the county clerk and county board of election commissioners at least ninety (90) days before the general election.
- However, if the chairs and secretaries of the county committees of the respective political parties are not properly notified as directed by subdivision (h)(2)(A) of this section, the failure of a certified list to be filed by the deadline shall not prevent any candidate's name from being placed on the ballot of the general election.
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History. Acts 1969, No. 465, Art. 1, § 13; 1971, No. 261, § 23; 1971, No. 347, §§ 5-7; 1971, No. 829, §§ 1-3; 1972 (1st Ex. Sess.), No. 37, §§ 1, 2; 1975, No. 601, §§ 1, 2; 1977, No. 888, §§ 1, 2; 1981, No. 448, § 1; A.S.A. 1947, § 3-113; Acts 1987, No. 123, §§ 13, 14; 1987, No. 248, §§ 2, 16; 1993, No. 966, § 2; 1995, No. 723, § 2; 1995, No. 724, § 2; 1995, No. 901, § 4; 1997, No. 886, § 3; 2001, No. 1475, § 3; 2003, No. 1165, § 7; 2003, No. 1731, § 4; 2007, No. 1020, § 14; 2007, No. 1049, § 25; 2009, No. 959, § 36; 2011, No. 1185, § 9; 2015 (1st Ex. Sess.), No. 4, § 1; 2017, No. 1088, § 1; 2019, No. 545, § 2; 2019, No. 649, §§ 1-3.
A.C.R.C. Notes. Acts 2015, (1st Ex. Sess.), No. 4, § 6, provided:
“(a) To ensure that independent candidates are provided the maximum number of days allowed by law to circulate petitions to qualify as an independent candidate, the provisions of this act are retroactive to August 1, 2015.
“(b) Signatures on a petition to have the name of a person placed upon the ballot as an independent candidate under § 7-7-103 collected between August 11, 2015, and the effective date of this act shall be counted if:
“(1) The signatures are not otherwise collected in violation of Arkansas law;
“(2) The signatures otherwise comply with applicable Arkansas law; and
“(3) The petition is lawfully filed.”
Acts 2015, (1st Ex. Sess.), No. 4, § 7, provided:
“(a) This act is cumulative of existing laws and shall not repeal but merely suspend any law in conflict with the act.
“(b) The provisions of this act are temporary and expire on December 31, 2016.
“(c) On and after December 31, 2016, the provisions of law suspended by this act shall be in full force and effect.
“(d) The expiration of this act shall not affect rights acquired under it or affect suits then pending.”
Amendments. The 2007 amendment by No. 1020 deleted former (b)(5); deleted former (e) and redesignated the remaining subsections accordingly; substituted “(i)(1)(A)” for “(j)(1)(A)” in (i)(1)(B)(ii); and substituted “(i)(1)(A)” for “(j)(2)(A)” in (i)(2)(B)(ii).
The 2007 amendment by No. 1049, in (c), substituted “first weekday” for “third Tuesday” and “seventh” for “fourteenth” in (1) and (2), and deleted former (5); in (d), substituted “At least seventy (70)” for “No later than forty (40)” and “Secretary of State” for “chairman and secretary of the state committee of the political party”; deleted former (f), and redesignated the following subdivisions accordingly; in present (i), substituted “one hundred (100)” for “seventy (70)” in (1)(A), “ninety (90)” for “sixty (60)” in (1)(B)(i) and (2)(A), “(i)(1)(A)” for “(j)(1)(A)” in (1)(B)(ii), “eighty (80)” for “forty-five (45) days but not more than fifty-five (55)” in (2)(B)(i), and “(i)(2)(A)” for “(j)(2)(A)” in (2)(B)(ii).
The 2009 amendment inserted (d)(2); in (d)(1), deleted “the ballot” following “shall certify” and substituted “filed party certificates with the Secretary of State” for “qualified with the state committee for election by filing the party pledge and paying the filing fees of the political party”; inserted “by the deadline” in (h)(1)(B)(ii) and (h)(2)(B)(ii); deleted “the county board of election commissioners and” preceding “the county clerk” in (h)(2)(A) and (h)(2)(B)(i); and made minor stylistic changes.
The 2011 amendment rewrote (c); substituted “seventy-five (75)” for “seventy (70)” in (d)(1) and (d)(2); substituted “one hundred (100)” for “ninety (90)” in (h)(2)(A); and substituted “ninety (90)” for “eighty (80)” in (h)(2)((B)(i).
The 2015 (1st Ex. Sess.) amendment substituted “fourth Tuesday in March before” for “second Tuesday in June preceding” in (a); and rewrote (c)(1).
The 2017 amendment substituted “third Tuesday” for “second Tuesday” in (a); and substituted “four (4) weeks” for “three (3) weeks” in (b).
The 2019 amendment by No. 545 rewrote (a), (b), and (c)(1).
The 2019 amendment by No. 649 rewrote (f); added the (g)(1)(A) designation; in (g)(1)(A), deleted “nominated” preceding “candidates”, and inserted “who received the most votes or are unopposed on the ballot”; added (g)(1)(B); and, in (h)(2)(B)(i), inserted “political party”, and inserted “and county board of election commissioners”.
Research References
U. Ark. Little Rock L.J.
Survey of Arkansas Law, Constitutional Law, 1 U. Ark. Little Rock L.J. 140.
Survey of Legislation, 2001 Arkansas General Assembly, Election Law, 24 U. Ark. Little Rock L. Rev. 465.
Case Notes
Constitutionality.
Deadlines for filing petitions to establish political parties previously set forth in this section and § 7-1-101 were unconstitutional as the petition provisions were too vague and indefinite to be enforced and to judicially supply the needed definiteness would have improperly involved the court in exercising legislative prerogatives. American Party v. Jernigan, 424 F. Supp. 943 (E.D. Ark. 1977) (decision prior to 1981 amendment).
Former version of this section was void for vagueness and violated the First and Fourteenth Amendments. Citizens to Establish a Reform Party v. Priest, 970 F. Supp. 690 (E.D. Ark. 1996) (decision under prior law).
The conflict between the deadline provisions in former definition of “political party” in § 7-1-101 and former version of this section rendered both statutes unconstitutionally vague. Citizens to Establish a Reform Party v. Priest, 970 F. Supp. 690 (E.D. Ark. 1996) (decision under prior law).
The combined effect of the early deadline formerly in this section in conjunction with the 3% requirement in former definition of “political party” in § 7-1-101 placed an unreasonable burden on federally protected constitutional rights. Citizens to Establish a Reform Party v. Priest, 970 F. Supp. 690 (E.D. Ark. 1996) (decision under prior law).
The individual statutory provisions set forth in former subsection (g) of this section and former definition of “political party” in § 7-1-101, as well as the combined effect of the statutes, placed unreasonable burdens on plaintiffs seeking to establish a new political party, and those burdens were sufficiently severe to violate plaintiffs' rights under First Amendment guarantees of freedom of speech and freedom of association and Fourteenth Amendment guarantee of equal protection and the right to due process. Citizens to Establish a Reform Party v. Priest, 970 F. Supp. 690 (E.D. Ark. 1996) (decision under prior law).
Ballot Fee.
Candidate who sent in his check for ballot fee on last permissible day but whose check did not clear the bank when presented some days later did not pay ballot fee within designated period, though candidate tendered the cash for check as soon as he was informed that check had not cleared. Fletcher v. Ray, 220 Ark. 844, 250 S.W.2d 734 (1952) (decision under prior law).
Certification of Nomination.
Subsection (l) [now (h)] of this section serves the administrative purpose of verifying for the Secretary of State's office, after the primaries have been held, the names of the parties' respective nominees who will be candidates in the general election. Rock v. Byrant, 459 F. Supp. 64 (E.D. Ark.), aff'd without op., 590 F.2d 340 (8th Cir. 1978).
Filing Deadline.
Under former definition of “political party” in § 7-1-101, the effective filing deadline in 1996 was May 7, while under former provisions of this section, the effective filing deadline for 1996 was January 2; the January 2 deadline was controlling. Citizens to Establish a Reform Party v. Priest, 325 Ark. 257, 926 S.W.2d 432 (1996) (decision under prior law).
Contrary to a candidate's argument, the trial court did not err in its interpretation of this section; further, the candidate conceded that she did not meet the statutorily mandated noon filing deadline and that the filing of her party certificate and political practices pledge for her candidacy was untimely. Republican Party v. Johnson, 358 Ark. 443, 193 S.W.3d 248 (2004).
Independent Candidates.
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).
Former provisions of this section did not preclude a write-in for the office of United States senator for this state from exercising his right to run for public office, nor did it deprive the voters of their right to cast a ballot for him in the general election; therefore, the candidate was not entitled to have the ballots reprinted to include his name. Christian Populist Party v. Secretary of State, 650 F. Supp. 1205 (E.D. Ark. 1986) (decision under prior law).
Legislative Intent.
Unlike in former definition of “political party” in § 7-1-101, the legislature did not intend to exempt presidential primaries from former subsection (g) of this section. Citizens to Establish a Reform Party v. Priest, 325 Ark. 257, 926 S.W.2d 432 (1996) (decision under prior law).
Name on Ballot.
Appeal by an inmate in an election-related matter was moot because an election had already been held, and the deadlines for placing the inmate's name on the ballot and for registering to vote had already passed; the issue was not capable of repetition, yet evading review, since the inmate did not indicate that he intended to run for President of the United States again in 2016 or later, there was nothing to suggest that, were he to run again, he would have been subjected to the same action, and there were adequate procedures in place for accelerated consideration of election matters. Moreover, there was no substantial public interest shown. Judd v. Martin, 2013 Ark. 136 (2013).
Party Pledges.
This section and § 7-7-301 leave it up to the political party to determine whether or not a party loyalty oath is required. Baker v. Jacobs, 303 Ark. 460, 798 S.W.2d 63 (1990).
Political Practices Pledge.
Failure to timely file a political practices pledge with the Secretary of State as required by § 7-6-102 is reason enough to prevent a candidate's name from appearing on the ballot. Lewis v. West, 318 Ark. 334, 885 S.W.2d 663 (1994).
Cited: Williams v. Pulaski County Election Comm'n, 249 Ark. 309, 459 S.W.2d 52 (1970); Stillinger v. Rector, 253 Ark. 982, 490 S.W.2d 109 (1973); Lendall v. Bryant, 387 F. Supp. 397 (E.D. Ark. 1975); Lendall v. Jernigan, 424 F. Supp. 951 (E.D. Ark. 1977); Doulin v. White, 528 F. Supp. 1323 (E.D. Ark. 1982); Jeffers v. Clinton, 730 F. Supp. 196 (E.D. Ark. 1989); Jeffers v. Clinton, 756 F. Supp. 1195 (E.D. Ark. 1990); Ivy v. Republican Party, 318 Ark. 50, 883 S.W.2d 805 (1994); Republican Party v. Faulkner County, 49 F.3d 1289 (8th Cir. 1995); Standridge v. Priest, 334 Ark. 568, 976 S.W.2d 388 (1998).