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Ark. Code Ann. § 7-5-801

Right of action — Procedure

Applied in 28 court decisions — leading case Tate-Smith v. Cupples (2003)

Most recently applied in Jody Harris v. Crawford County Board of Election Commissioners Bill Coleman, in His Official Capacity as Chairman Mike Moxley, in His Official Capacity as Commissioner Memory Boucher, in Her Official Capacity as Commissioner And Chad Puryear (September 2022)

Acts 1969, No. 465, Art. 10, § 1; A.S.A. 1947, § 3-1001; Acts 2013, No. 1126, § 8.

How often courts cite this section

19881990200020102020202240
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A right of action is conferred on any candidate to contest the certification of nomination or the certificate of vote as made by the appropriate officials in any election.

(2) The action shall be brought in the circuit court of the county in which the certification of nomination or certificate of vote is made when a county or city or township office, including the office of county delegate or county committee member, is involved, and except as provided in this subchapter, within any county in the circuit or district wherein any of the wrongful acts occurred when any circuit or district office is involved, and except as provided in this subchapter, in the Pulaski County Circuit Court when the office of United States Senator or any state office is involved.

(3) If there are two (2) or more counties in the district where the action is brought and when fraud is alleged in the complaint, answer, or cross-complaint, the circuit court may hear testimony in any county in the district.

(4) The complaint shall be verified by the affidavit of the contestant to the effect that he or she believes the statements to be true and shall be filed within twenty (20) days of the certification that is the subject of the complaint.

(5) The complaint shall be answered within twenty (20) days.

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.