§ 7-5-207 - Ballots -- Names included. - Arkansas Statutes

7-5-207. Ballots -- Names included.

(a) (1) Except as provided in subdivisions (a)(2) and (3) of this section, all election ballots provided by the county board of election commissioners of any county in this state for any election shall contain in the proper place the name of every candidate whose nomination for any office to be filled at that election has been certified to the county board and shall not contain the name of any candidate or person who has not been certified.

(2) (A) Except as provided in subdivision (a)(2)(B) of this section, unopposed candidates for municipal offices shall be declared and certified elected without the necessity of including those names on the general election ballot.

(B) The names of all unopposed candidates for the office of mayor shall be separately placed on the general election ballot, and the votes for mayor shall be tabulated as in all contested races.

(3) (A) (i) Except as provided in subdivision (a)(3)(B) of this section, the names of all other unopposed candidates for all offices, including without limitation the names of all unopposed write-in candidates, shall be grouped together on the ballot indicating the office and the name of the unopposed candidate.

(ii) The phrase "Unopposed Candidates" shall appear at the top of the list of the names of all unopposed candidates.

(iii) Adjacent to the phrase "Unopposed Candidates" shall be a place in which the voter may cast a vote for all the candidates by placing an appropriate mark.

(B) The names of all unopposed candidates for the office of circuit clerk shall be separately placed on the general election ballot, and the votes for circuit clerk shall be tabulated as in all contested races.

(b) No person's name shall be placed upon the ballot as a candidate for any public office in this state at any election unless the person is qualified and eligible at the time of filing, or as otherwise may be provided by law, as a candidate for the office to hold the public office for which he or she is a candidate, except if a person is not qualified to hold the office at the time of filing because of age alone, the name of the person shall be placed on the ballot as a candidate for the office if the person will qualify to hold the office at the time prescribed by law for taking office.

(c) (1) The order in which the names of the candidates shall appear on the ballot shall be determined by lot at a public meeting of the county board not less than sixty-five (65) days before the general election.

(2) Notice of the public meeting shall be given by publication in a newspaper of general circulation in the county at least three (3) days before the drawing.

(3) For runoff elections, the ballot order for eligible candidates shall be the same as for the previous election leading to the runoff.

(d) (1) Beside or adjacent to the name of each candidate in the general election shall be:

(A) His or her party designation; or

(B) The term "INDEPENDENT" if he or she represents no officially recognized party.

(2) Subdivision (d)(1) of this section shall not apply to a:

(A) Nonpartisan judicial election; or

(B) Nonpartisan municipal election.