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Ark. Code Ann. § 21-8-305

Person convicted of public trust crime ineligible as candidate for constitutional office or to hold constitutional office

Known as the Disclosure Act

The act spans §§ 21–21 (46 sections).

Applied in 2 court decisions — leading case Casey Reed v. Ken Yang; Grant County Board of Election Commissioners; Saline County Board of Election Commissioners; Geral Harrison, in His Capacity as Grant County and Circuit Clerk; Doug Curtis, in His Capacity as Saline County Clerk; Joseph Wood, in His Capacity as Chairman of the Republican Party of Arkansas; And Cole Jester, in His Capacity as Arkansas Secretary of State (2026)

Most recently applied in Casey Reed v. Ken Yang; Grant County Board of Election Commissioners; Saline County Board of Election Commissioners; Geral Harrison, in His Capacity as Grant County and Circuit Clerk; Doug Curtis, in His Capacity as Saline County Clerk; Joseph Wood, in His Capacity as Chairman of the Republican Party of Arkansas; And Cole Jester, in His Capacity as Arkansas Secretary of State (February 2026)

Acts 2019, No. 894, § 2.

(1) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime, he or she shall not: File as a candidate for a constitutional office;

(2) Run as a candidate for a constitutional office; or

(3) Hold a constitutional office.

(4) The sealing of any public trust crime or any similar offense under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction shall not restore a privilege, eligibility, or qualification to file as a candidate for, run as a candidate for, or hold a constitutional office under this section.

(5) A person who has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime that was sealed or expunged as described in subdivision (b)(1) of this section: Upon inquiry, shall disclose the fact and nature of the crime which the person pleaded guilty or nolo contendere to or was found guilty of; and

(6) Shall not publicly state or affirm under oath that the: Conduct underlying the plea or finding did not occur;

(7) Record of the underlying plea or finding does not exist; or

(8) Person has not been convicted of a criminal offense.

(9) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime or similar offense that was sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction, evidence of the plea, finding, and conduct underlying the plea or finding shall be admissible in a court of competent jurisdiction for an action concerning the person's filing for, candidacy for, or holding of a constitutional office.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.