2020 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary and Secondary Education Generally
Chapter 14 - School Elections
§ 6-14-102. Annual school election date — Special school election

(a)

1. (1)

   1. (A) The annual school election shall be held in each school district of the state:

      1. (i) In even-numbered years, on the date of the:

         1. (a) Preferential primary election; or

         2. (b) General election; and

      2. (ii) In odd-numbered years, on the:

         1. (a) First Tuesday following the first Monday in November; or

         2. (b) Third Tuesday in May.

   2. (B)

      1. (i) A school district shall adopt a policy setting forth which election date under subdivision (a)(1)(A) of this section the school district chooses to hold the annual school election upon.

      2. (ii) At least one hundred (100) days before the first day of the respective candidate filing period set forth in § 6-14-111(e)(1)(A), a school district shall provide a copy of the policy under subdivision (a)(1)(B)(i) of this section to:

         1. (a) The county board of election commissioners of the county in which the school district is domiciled for administrative purposes; and

         2. (b) The county clerk of each county within the school district's boundaries.

      3. (iii) If a school district fails to timely provide a copy of its most current policy to the county board of election commissioners and county clerks in accordance with subdivision (a)(1)(B)(ii) of this section, the school district shall be required to hold the school district's annual school election in accordance with the most recent policy the school district has provided to the county board of election commissioners and county clerks.

2. (2) The annual school election shall only concern issues authorized to be on the ballot by the Arkansas Constitution or by statute. Issues to be considered in the annual school election may be printed on the same ballot as the ballot of any other election lawfully held on the same date as the annual school election.

(b) The board of directors of any school district shall have the authority to hold a school election concerning the tax rate or debt issues on a date other than that fixed by law provided that:

1. (1) All constitutional and statutory requirements for the annual school election are met, notwithstanding subsection (a) of this section;

2. (2) The election is held before the date of the annual school election; and

3. (3) The Commissioner of Elementary and Secondary Education approves the date of the election.

(c)

1. (1) In any election year in which the annual school election is not held at the same time as a preferential primary or general election, if no more than one (1) candidate for any school district director position presents a petition or notice as required by § 6-14-111 and if there are no other ballot issues to be submitted to school district electors for consideration, with the exception of the local tax rate if that rate is not being changed or restructured, the board of directors of any school district, by resolution, may request the county board of election commissioners to:

   1. (A) Reduce the number of polling places;

   2. (B) Open no polling places on election day so that the election can be conducted by absentee ballot and early voting only; or

   3. (C) Open no polling places on election day and hold an election by candidate under the procedure in § 7-11-107(b).

2. (2)

   1. (A) If the annual school election is not held at the same time as a preferential primary election or general election and upon request by proper resolution adopted by the board of directors of any school district, the county board of election commissioners may provide that no polling places be open on election day so that the election can be conducted by:

      1. (i) Absentee ballot and early voting only; or

      2. (ii) Election by candidate under the procedure in § 7-11-107(b).

   2. (B) If a county uses electronic voting machines or electronic vote tabulating devices, the county board of election commissioners may use:

      1. (i) The electronic voting machines or electronic vote tabulating devices; or

      2. (ii) Paper ballots counted by hand and provide no voting machines to be used in the election, notwithstanding any other provision in the Arkansas Code.