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 §§ 21-8-1001 to 21-8-903 (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.