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Ark. Code Ann. § 7-7-205

Petition requirements for new political parties

Applied in 6 court decisions — leading case Libertarian Party of Arkansas v. Martin (2017)

Most recently applied in Libertarian Party of Arkansas v. John Thurston (June 2020)

Acts 1997, No. 886, § 4; 2003, No. 1165, §§ 8, 9; 2007, No. 821, § 1; 2009, No. 188, § 2; 2009, No. 959, § 37; 2011, No. 1036, § 2; 2013, No. 1356, § 2; 2017, No. 297, § 1; 2019…

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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 group desiring to form a new political party shall do so by filing a petition with the Secretary of State.

(2) The petition shall contain at the time of filing the signatures of registered voters in an amount that equals or exceeds three percent (3%) of the total votes cast for the Office of Governor in the immediately preceding general election for Governor.

(3) The Secretary of State shall not accept for filing any new party petition that is not prima facie sufficient at the time of filing.

(4) No signature shall be counted unless the date of the signature appears on the petition.

(5) No signature that is dated more than ninety (90) days before the date the petition is submitted shall be counted.

(6) The petition shall declare the intent of organizing a political party, the name of which shall be stated in the declaration.

(7) No political party or group shall assume a name or designation that is so familiar, in the opinion of the Secretary of State, as to confuse or mislead the voters at an election.

(8) A new political party that wishes to select nominees for the next general election shall file a sufficient petition no later than sixty (60) days before the party filing period.

(9) The Secretary of State shall determine the sufficiency of the signatures submitted within thirty (30) days of filing.

(10) If the petition is determined to be insufficient, the Secretary of State shall forthwith notify the sponsors in writing, through their designated agent, and shall set forth his or her reasons for so finding.

(11) Upon certification of sufficiency of the petition by the Secretary of State, a new political party shall be declared by the Secretary of State.

(12) A new political party formed by the petition process shall nominate candidates by convention for the first general election after certification.

(13) A convention under subdivision (c)(2)(A) of this section shall be held no later than 12:00 noon on the date of the preferential primary election.

(14) Certificates of nomination shall be filed with the Secretary of State or the county clerk no later than 12:00 noon on the date of the preferential primary election.

(15) A convention under subdivision (c)(2)(A) of this section may be held in any manner authorized by the rules of the new political party.

(16) A candidate to be nominated by convention shall file a political practices pledge with the Secretary of State or county clerk, as the case may be, during the party filing period.

(17) If the new party maintains party status by obtaining three percent (3%) of the total votes cast for the office of Governor or nominees for presidential electors at the first general election after certification, the new political party shall nominate candidates in the party primary as set forth in § 7-7-101 et seq.

(18) Any challenges to the certification of the sufficiency of the petition by the Secretary of State shall be filed with the Pulaski County Circuit Court.

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.