85th General Assembly
Regular Session, 2005
| As Engrossed: S2/8/05
SENATE BILL 235
By: Senators Steele, J. Bookout, Broadway, Brown, Bryles, Capps, Critcher, Glover, Higginbothom, Horn, G. Jeffress, J. Jeffress, B. Johnson, Laverty, Malone, T. Smith, Trusty, Wilkinson, WooldridgeBy: Representatives J. Johnson, Cook, Dunn, Edwards, L. Evans, Jeffrey, Mathis, Maxwell, McDaniel, Reep, Saunders, Sumpter, Thompson, Wood
7-8-201. Preferential elections required - Apportionment of delegates.
(a)(1) Each political party in the state desiring to select delegates to attend a quadrennial national nominating convention of the party to select a nominee for the office of President of the United States shall hold a presidential preferential primary election in the state, and the delegates to the national party convention shall be apportioned to the presidential candidates whose names were on the ballot at the presidential preferential primary or to "uncommitted" in the proportion that the votes cast for each candidate or for "uncommitted" bear to the total votes cast at the election, rounded to the closest whole number.
(2) Presidential preferential primary elections shall be held on the first Tuesday in February of the year in which the convention is held.
(3)(A) Any person desiring to have his or her name printed on the presidential preferential primary ballot as a candidate for his or her party’s nomination shall file a party certificate with the Secretary of State during regular office hours in the period beginning at 12:00 noon on the first Monday in November and ending at 12:00 noon on the fourteenth day thereafter before the presidential preferential primary election.
(B) Each political party shall:
(i) Be responsible for determining the qualifications of candidates seeking to appear on the presidential preferential primary ballot of each political party;
(ii) Provide necessary applications for candidacy;
(iii) Accept and process the applications; and
(iv) Determine the order that candidates shall appear on the ballot.
(4) The cost of the presidential preferential primary election 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.
(5)(A) The State Board of Election Commissioners shall have the primary responsibility for conducting presidential preferential primary elections.
(B) Within each county, the presidential preferential primary election shall be conducted by the county board of election commissioners under the direction of the State Board of Election Commissioners.
(C) The State Board of Election Commissioners shall have authority to adopt rules for the administration of presidential preferential primary elections consistent with the election laws of this state.
(D) The State Board of Election Commissioners may withhold reimbursement of funds to counties for state-funded presidential preferential primary 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.
(b)(1) Presidential preferential primary election procedures not addressed in this section shall be governed by the general election laws of this state, including, but not limited to, laws governing primary elections.
(2) Party rules shall govern presidential preferential primary election procedures not addressed by the general election laws of this state.
SECTION 2. Arkansas Code § 7-8-204 is amended to read as follows:
7-8-204. Rules for selection of delegates and alternates.
Each political party holding a presidential preferential primary election in the state shall adopt appropriate rules for the selection of delegates and alternate delegates to the quadrennial national nominating convention of the party and to otherwise carry out the intent and purposes of this subchapter.
SECTION 3. Arkansas Code § 7-8-302(5)(A), concerning political party candidates for president and vice president, is amended to read as follows:
(5)(A) In order to have the name of
party's candidates for President and Vice President printed on the
political party shall
nominate by hold a presidential
primary election. A new political party formed pursuant to the petition
may nominate by convention if the presidential election is the first
election after certification as a party by the Secretary of State.
/s/ Steele, et al