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RUNNING FOR PUBLIC OFFICEA “Plain English” Handbook for CandidatesPublished by theState Board of Election Commissioners501 Woodlane, Suite 122 SouthLittle Rock, AR 72201in conjunction with theOffice of the Secretary of Stateand theArkansas Ethics Commission(2022 Edition)
STATE BOARD OF ELECTION COMMISSIONERSSecretary of StateJohn ThurstonChairmanWendy BrandonSharon BrooksJamie ClemmerBilenda Harris-RitterWilliam LutherJ. Harmon SmithCommissioners501 Woodlane, Suite 122 SouthLittle Rock, Arkansas 72201(501) 682-1834 or (800) 411-6996Daniel ShultsDirectorChris MadisonLegal CounselJon DavidsonEducational Services ManagerTena ArnoldBusiness Operations ManagerDear Candidate;Per Arkansas Code Annotated §7-4-101, the State Board of Election Commissioners publishesa candidate handbook outlining, in a readable and understandable format, the legal obligationsof a candidate and other suggestions to help candidates comply with election laws. The StateBoard of Election Commissioners, with the assistance of the Secretary of State’s office and theArkansas Ethics Commission, has developed this handbook for candidates running for publicoffice that explains the necessary qualifications for holding public office, identifies filingprocedures for candidates, and outlines campaign finance and disclosure reportingrequirements under Arkansas law. This handbook is available upon request to all candidatesrunning for public office and is published on the SBEC website.Please note, this handbook is a guide and not a substitute for state law. You are encouraged toconsult the Arkansas Ethics Commission for questions regarding campaign finance anddisclosure reporting requirements, deadlines, and penalties; ballot question committees; countypolitical party committees; exploratory committees; independent expenditure committees;legislative caucus committees; legislative question committees; political action committees(PACs); disclosure of financial information by public officials and candidates; politicalpatronage; use of public labor or facilities for campaign purposes by a public servant; coercionof public employees for political purposes; campaign signs on government vehicles; anddisclaimers on paid political ads. For questions regarding candidate filing procedures;candidate petition requirements; confirmation of specific dates; and blank forms andinstructions, please contact the Secretary of State’s office. Please feel free to contact the StateBoard of Election Commissioners for any additional questions regarding the election process.The State Board of Election Commissioners is pleased to offer you this 2022 edition ofthe Running for Public Office Handbook. We also encourage you to visit ourwebsite at www.arkansas.gov/sbec for additional information. Please feel free to contact ouroffice if we can assist you in any way.Sincerely,Daniel ShultsDirector
TABLE OF CONTENTS2022 ELECTION DATES . 1STATE CONTACTS . 3GLOSSARY OF TERMS . 5TERMS & QUALIFICATIONSFederal Offices . 10U.S. Senate . 10U.S. House of Representatives . 10State Offices . 10Governor & Lieutenant Governor . 10Secretary of State, Treasurer of State, Auditor of State,Attorney General, & Commissioner of Lands . 11District Offices – Arkansas General Assembly . 11State Senate . 11State House of Representatives . 11Judicial Offices . 12Appellate Courts (Supreme Court, Court of Appeals) . 12Circuit Court . 13District Court . 13Prosecuting Attorney . 14County & Township Offices . 14County & Township Offices (except County Judge) . 14County Judge . 14County Surveyor . 15Municipal Offices . 15With Mayor – Council Form of Government . 15With City Manager Form of Government . 15With City Administrator Form of Government . 15School Board . 16Municipal Office Tables . 17Mayor – Council Form of Government . 17City Manager Form of Government . 18City Administrator Form of Government . 18FILING PROCEDURES FOR PARTISAN ELECTIONSMultiple Nominations Prohibited . 19Filing for Multiple Offices Prohibited . 19Political Party Candidates . 19Federal (including Presidential), State, & District Offices . 19County, Municipalities with Partisan Elections, & Township Offices . 20Group Presidential Candidates . 20i
Independent Candidates . 20Presidential & Vice-Presidential Offices . 20General Filing Procedures (Except Independent Candidates inPartisan Municipal Elections) . 20U.S. Senate or State Offices . 21U.S. House or District Offices (State Senator, State Representative) . 21County & Township Offices . 21Municipal Offices . 21Mayor-Council Form of Government . 21Write-in Candidates . 22Federal, State, & District Offices . 22County & Township Offices . 23New Political Party Information & Candidate Filing . 23FILING PROCEDURES FOR NONPARTISAN ELECTIONSFiling for Multiple Offices Prohibited . 25Nonpartisan Judicial Offices & Prosecuting Attorneys . 25Candidates Paying Filing Fees . 25Filing Fee Schedule . 25Candidates Filing by Petition . 26Write-in Candidates . 26School Board . 27Candidates Filing by Petition . 27Write-in Candidates . 28Municipal Offices . 28Mayor – Council Form of Government . 28City Manager Form of Government . 29City Administrator Form of Government . 29FILING PROCEDURES FOR SPECIAL ELECTIONS TO FILL VACANCIESCandidate Withdrawal . 31Notice of Withdrawal . 31Withdrawal Before the Certification Deadline/Not Placed on Ballot . 31Withdrawal After the Certification Deadline/Votes Counted . 31Vacancy in Nomination . 31Vacancy in Election . 32Annual School Election . 32Municipal Runoff Election . 322022 OFFICES UP FOR ELECTION & DISTRICT COMPOSITIONFederal Offices . 33U.S. President & Vice President . 33U.S. Senate Districts . 33U.S. House Districts . 33ii
State Constitutional Offices .34State Offices . 34State Legislative Offices . 34State Senate Districts . 34State House Districts . 34Nonpartisan Judicial Offices . 35Court Positions . 35Court of Appeals Positions . 36Court of Appeals Districts . 36Circuit Court Positions . 39Circuit Court Districts . 41Local District Court Positions . 37Prosecuting Attorney Positions . 37FREQUENTLY ASKED QUESTIONS . 38Electioneering at Polls . 38Campaign Signs & Ads . 38Poll Watchers . 39Presence at Polls . 39Assisting Voters . 40Candidate’s Name on Ballot . 40Election Official Conflicts . 40Recounts . 41Candidate Eligibility . 41SAMPLE FORMS & INSTRUCTIONS . 43Poll Watcher Authorization Form . 45Political Practices Pledge . 47Affidavit of Eligibility . 49Notice of Candidacy for Independent and Write-In Candidates . 51Notice to Write-in Candidates . 53Statement of Candidacy for Director or Mayor forCity Administrator Form of Government . 55Independent Candidate Petition Affidavit . 57PetitionsIndependent Candidate PetitionPresident and Vice President 59Federal/State/District Office . 61County/Township/Justice of the Peace . 63Nonpartisan Candidate PetitionProsecuting Attorney . 65Justice of the Supreme Court . 67Court of Appeals . 69Circuit Court Judge . 71District Court . 73iii
Mayor-Council Form of Government Petition of NominationMunicipal Candidates Except Council Member . 75Council Member Candidates Elected by Ward . 77Council Member Candidates Elected at Large . 79City Administrator Form of Government Petition of NominationDirector . 81Mayor . 83City Manager Form of Government Petition of NominationDirector . 85Mayor . 87School Board Candidate PetitionBy Zone . 89At Large . 91ARKANSAS ETHICS COMMISSION REPORTING CALENDARSState or District Candidates . 93Nonpartisan Offices –Justice of the Supreme Court, Judge of theCourt of Appeals, Circuit Judge, & Prosecuting Attorney . 96County Candidates . 99Municipal Candidates – Party Primary . 101Municipal Officeswith Mayor/Council Form of Government . 104with City Administrator Form of Government . 106with City Manager Form of Government . 108Annual School Election – May . 110Annual School Election – November . 112CAMPAIGN FINANCE & DISCLOSURE REQUIREMENTS . 114CAMPAIGN CONTRIBUTION AND EXPENDITURE REPORTState and District Candidates . 115Quarterly Report . 115Monthly Report . 116Pre-election Report . 116Final Report . 116Report Content . 117County, Municipal, Township, and School Board Candidates . 119Pre-election Report . 119Final Report . 120Supplemental Report . 120Report Content . 120iv
CONTRIBUTIONS & EXPENDITURES . 122Contributions Defined . 122Expenditures Defined . 122Loans, Allowable & Prohibited UsesOf Campaign Funds & Other Facts . 123RETIREMENT OF DEBT . 128Retiring Campaign Debt . 128Remaining Campaign Funds . 129Nonpartisan Judicial Candidates . 129Reporting . 130STATEMENT OF FINANCIAL INTEREST . 131Who Must File . 131When to File . 131Where to File . 132How to File . 132What to File . 132PENALTIESLate Filing and Failure to File . 135Pre-election Contribution and Expenditure Reports . 135All Other Contribution and Expenditure Reports . 135Statement of Financial Interest . 136False, Materially Misleading, or Incomplete Reporting . 136Contribution and Expenditure Reports . 136Statement of Financial Interest . 136Payment of Fines. 136EXPLORATORY COMMITTEESRegistration . 138Contribution and Expenditure Report . 138POLITICAL COMMITTEESCounty Political Party Committee . 140Registration. 140Quarterly Report . 141Reports Received via Facsimile . 142Penalties for Registration and Reporting Violations . 142Notice of Termination . 142Political Action Committee . 143Registration. 144Amended Registration . 145Quarterly Report . 145Penalties for Registration and Reporting Violations . 145Notice of Termination . 146v
Legislative Caucus Committee . 145Registration. 147Amended Registration . 147Quarterly Report . 147Penalties for Registration and Reporting Violations . 147INDEPENDENT EXPENDITURE COMMITTEES . 148Registration . 149Amended Registration . 149Report for Committees, Individuals, and Other Entities . 149Penalties for Registration and Reporting Violations . 151ARKANSAS STATUTES . 152Ark. Code Ann. §7-1-103 . 152Ark. Code Ann. §7-1-104 . 158Ark. Code Ann. §7-3-108 . 160Ark. Code Ann. §7-6-101 . 161Ark. Code Ann. §7-6-102 . 161Ark. Code Ann. §7-6-103 . 162Ark. Code Ann. §7-6-104 . 163Ark. Code Ann. §7-6-228 . 163vi
ELECTION DATES2022 Election DatesMay 24, 2022Preferential Primary Election and Nonpartisan General ElectionJune 21, 2022General Primary (Runoff) ElectionAugust 9, 2022City Administrator Form of Government Primary ElectionMay 24, 2022 orNovember 8, 2022Annual School Election*June 21, 2022 orDecember 6, 2022School Runoff Election*November 8, 2022General Election and Nonpartisan General Runoff ElectionDecember 6, 2022General Runoff Election*Per Act 910 of 2017 the Annual School Election must be held at the same time as thePrimary or General Election in 2022.1
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STATE CONTACTSSTATE CONTACTSState Board of Election Commissioners501 Woodlane, Suite 122 SouthLittle Rock, AR 72201Office: 501-682-1834 OR 1-800-411-6996Fax: 501-682-1782Internet site: www.arkansas.gov/sbecE-mail address: info.sbec@arkansas.govSecretary of StateElections DivisionState Capitol, Room 026Little Rock, AR 72201Office: 501-682-5070 OR 1-800-482-1127Fax: 501-682-3408 OR 501-682-3548Internet site: www.sos.arkansas.govE-mail address: electionsemail@sos.arkansas.govArkansas Ethics Commission501 Woodlane, Suite 301NLittle Rock, AR 72201Office: 501-324-9600 OR 1-800-422-7773Fax: 501-324-9606Internet site: www.arkansasethics.comAs of the date of printing, the recognized political parties in Arkansas are the:Democratic Party of Arkansas1300 West Capitol AvenueLittle Rock, AR 72201501-374-2361www.arkdems.orgRepublican Party of Arkansas1201 West Sixth StreetLittle Rock, AR 72201501-372-7301www.arkansasgop.orgLibertarian Party of ArkansasPO Box 46730Little Rock, AR 72214501-396-9804www.lpar.orgNew political parties may file petitions to become recognized for elections to be held in 2022.3
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GLOSSARY OF TERMSGLOSSARY OF TERMSAffidavit of eligibility - an affidavit signed by a candidate for elective office stating thatthe candidate is eligible to serve in the office he or she seeks. [A.C.A. §7-1-101]Candidate - for the purpose of compliance with contribution and expenditure filingrequirements, any individual who has knowingly and willingly taken affirmative action,including solicitation of funds, for the purpose of seeking nomination for or election to anypublic office. [A.C.A. §7-6-201(2)]Certificate of choice - a certificate, signed by an executive officer of a political group thatsubmits a petition to place its candidates for President and Vice-President on the ballot,designating the names of its candidates to appear on the ballot. [A.C.A. §7-1-101]Constitutional officers - the offices of the Governor, Lieutenant Governor, Secretary ofState, Attorney General, Auditor of State, Treasurer of State, and Commissioner of StateLands. [A.C.A. §7-1-101]Contribution - direct or indirect advances, deposits, or transfers of funds, contracts, orobligations, whether or not legally enforceable, payments, gifts, subscriptions,assessments, payment for services, dues, advancements, forbearance, loans, pledgesor promises of money or anything of value, whether or not legally enforceable, to acandidate, committee, or holder of elective office, made for the purpose of influencing thenomination or election of any candidate. “Contribution” includes the purchase of ticketsfor events such as dinners, luncheons, rallies, and similar fundraising events; the grantingof discounts or rebates by television and radio stations and newspapers not extendedequally to all candidates for the same office; and any payments for the services of anyperson serving as an agent of a candidate or committee by a person other than thecandidate or committee or persons whose expenditures the candidates or committeemust report. “Contribution” further includes any transfer of anything of value received bya committee from another committee. “Contribution” shall not include noncompensated,nonreimbursed, volunteer personal services or travel. [A.C.A. §7-6-201(4)]County political party committee - a person that is organized at the county level for thepurpose of supporting its affil
(PACs); disclosure of financial information by public officials and candidates; political patronage; use of public labor or facilities for campaign purposes by a public servant; coercion of public employees for political purposes; campaign signs on government vehicles; and disclaimers on paid political ads.
