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Arkansas Code Annotated

Ark. Code Ann. § 7-7-401 (2020)

Certification of nominations

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  1. The county board of election commissioners shall certify the nomination of all county, township, and municipal offices to the county committee of the political party, state committee of the political party, and county clerk. It shall further certify the vote of all candidates for United States, state, and district office to the state committee and the Secretary of State.
  2. The Secretary of State shall receive the returns from the county board of election commissioners and canvass and certify the result thereof as provided by law. When ordered by a circuit court as provided by law, the county board or its officers shall annul the certifications made and make certifications in accordance with the judgment of the circuit court.
  3. The nominations of any and all political parties for candidates chosen at a regular or special primary election held by the political party shall be certified by the county board of election commissioners.
    1. Nominees of political parties chosen by a convention of delegates, in those circumstances in which nominations by political party conventions are authorized by law, shall be certified by the chair and secretary of the convention of delegates held by the political party.
    2. All certificates of nomination made by the chair and secretary of conventions or of county boards of election commissioners of primary elections shall be acknowledged before an officer authorized by law to take acknowledgments.
    1. Nomination as a nonpartisan candidate for Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, or district judge shall be deemed certified upon the candidate's filing for office when a filing fee is paid or upon determination by the appropriate officer that sufficient signatures were obtained when the candidate seeks alternative ballot access.
    2. For any other office, nomination as an independent candidate without political party affiliation for election to any office shall be certified by petition of electors in the manner provided in § 7-7-103.

History. Acts 1969, No. 465, Art. 1, §§ 17, 20; 1971, No. 261, § 8; 1975, No. 601, §§ 3, 5; A.S.A. 1947, §§ 3-117, 3-120; Acts 1995, No. 901, § 16; 1997, No. 886, § 11; 2001, No. 1789, § 7.

Research References

ALR.

Effect of irregularities or defects in primary petitions—State cases. 14 A.L.R.6th 543.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Election Law, 24 U. Ark. Little Rock L. Rev. 465.

Case Notes

Election Contests.

The actual issuance of a certificate of nomination is not essential to the right to begin contest proceedings. Wilson v. Land, 166 Ark. 182, 265 S.W. 661 (1924) (decision under prior law).

Candidate's post-election challenge to a state senate runoff election was properly brought within the circuit or district in which alleged voter fraud occurred; further, the Secretary of State and the State Democratic Committee were not indispensable parties for complete relief under Ark. R. Civ. P. 19 because the office of state senator was not a “state office” as that term had been differentiated in §§ 7-7-401 and 7-5-804, and Ark. Const. art. 5, §§ 3 and 4. Willis v. Crumbly, 368 Ark. 5, 242 S.W.3d 600 (2006).

Jurisdiction of Circuit Court.

The circuit court was without jurisdiction to restrain the State Democratic Committee from complying with a resolution by tabulating and certifying the results of an election pending determination of a contest. Terry v. Harris, 188 Ark. 60, 64 S.W.2d 80 (1933) (decision under prior law).

Notes of Decisions
Cited in 5 cases, 1994–2006 · leading case: Willis v. Crumbly, 242 S.W.3d 600 (Ark. 2006).
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Willis v. Crumbly, 242 S.W.3d 600 (Ark. 2006). · cites it 25× “The Pulaski County Circuit Court held that actions needed to be taken by the Secretary of State and the Democratic Party under Ark.Code Ann. § 7-7-401 (Supp.2005), claiming they were necessary and indispensable parties.”
Willis v. Circuit Court of Phillips Cnty., 27 S.W.3d 372 (Ark. 2000). · cites it 5× “As pointed out in the per curiam, the Secretary of State receives the election returns from the respective county boards of election commissioners, Ark. Code Ann. § 7-7-401 (Repl. 2000), and all lists of nominees of candidates from district house of representatives are filed…”
Baker v. Rogers, 243 S.W.3d 911 (Ark. 2006). · cites it 4× “In an accompanying letter opinion, the court explained that the race at issue was a“district office,” and as such, the Secretary of State and the State Committee of the Democratic Party were required to receive certification of the vote under Ark. Code Ann. § 7-7-401 (a) (Supp.…”
Tittle v. Woodruff, 907 S.W.2d 734 (Ark. 1995). · cites it 2× “On September 14, 1994, the Washington County Democratic Convention, pursuant to Ark. Code Ann. § 7-7-401 (Repl. 1993), chose Ronald G.”
Lewis v. West, 885 S.W.2d 663 (Ark. 1994). “Ark. Code Ann. §§ 7-7-401 (d)(l) and 7-7-402(a)(l) provide inferential authority that no primary is required under Arkansas law because those statutes refer to nominations by convention of delegates.”
Ark. Code Ann. § 7-7-401(a): 2 cases
Willis v. Crumbly, 242 S.W.3d 600 (Ark. 2006). “The Pulaski County Circuit Court held that actions needed to be taken by the Secretary of State and the Democratic Party under Ark.Code Ann. § 7-7-401 (Supp.2005), claiming they were necessary and indispensable parties.”
Baker v. Rogers, 243 S.W.3d 911 (Ark. 2006). “In an accompanying letter opinion, the court explained that the race at issue was a“district office,” and as such, the Secretary of State and the State Committee of the Democratic Party were required to receive certification of the vote under Ark. Code Ann. § 7-7-401 (a) (Supp.…”
Ark. Code Ann. § 7-7-401(b): 1 case
Willis v. Crumbly, 242 S.W.3d 600 (Ark. 2006). “The Pulaski County Circuit Court held that actions needed to be taken by the Secretary of State and the Democratic Party under Ark.Code Ann. § 7-7-401 (Supp.2005), claiming they were necessary and indispensable parties.”
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