State of
Arkansas 85th General Assembly Regular Session, 2005 |
As Engrossed: S2/8/05
H2/22/05 A Bill |
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
a political
party's candidates for President and Vice President printed on the
ballot, a
political party shall nominate by hold a presidential
preferential
primary election. A new political party formed pursuant to the petition
process
may nominate by convention if the presidential election is the first
general
election after certification as a party by the Secretary of State.
/s/ Steele, et al