Judges: WINSTON BRYANT, Attorney General
Filed Date: 3/10/1992
Status: Precedential
Modified Date: 7/5/2016
The Honorable Brent Haltom Prosecuting Attorney Miller County Courthouse Texarkana, AR 75502
Dear Mr. Haltom:
This is in response to your request for an opinion regarding whether a person may be placed on the ballot as a member of an organized party if the city in which he wishes to run for election has not passed the resolution required by Act 905 of 1989.
As was explained in Opinion No.
Subsequent to that opinion, the legislature repealed Act 905 and enacted Acts 59 and 430 during the 1991 legislative session. The portion of Act 905 of 1989 that is pertinent to your opinion request, however, was reenacted in the 1991 legislation. See
A.C.A. §
The current version of §
(a) The city or town council of any city or town with the mayor-council form of government, by resolution passed before January 1 of the year of the election, may request the county party committees of recognized political parties under the laws of the state to conduct party primaries for municipal offices for the forthcoming year. When the resolution has been adopted, the clerk or recorder shall mail a certified copy of the resolution to the chairmen of the state party committees. Candidates nominated for municipal office by political primaries under this section shall be certified by the county party committees to the county board of election commissioners and shall be placed on the ballot at the general election ballot.
A.C.A. §
The above language, when read together with the remainder of §
In conclusion, therefore, it is my opinion that a person may not run for municipal office as a member of an organized party in a city with the mayor-council form of government unless the resolution required by A.C.A. §
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Catherine Templeton.
Sincerely,
Winston Bryant Attorney General
CT/WB:ch