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STATE CONSTITUTIONS

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Preamble.

We, the People of the State of Arkansas, grateful to Almighty God for the privilege of choosing

our own form of government; for our civil and religious liberty; and desiring to perpetuate its

blessings, and secure the same to our selves and posterity; do ordain and establish this

Constitution.


Article 1.

Boundaries.

We do declare and establish, ratify and confirm, the following as the permanent boundaries of

the State of Arkansas, that is to say: Beginning at the middle of the main channel of the

Mississippi River, on the parallel of thirty-six degrees of north latitude, running thence west with

said parallel of latitude to the middle of the main channel of the St. Francis River; thence up the

main channel of said last-named river to the parallel of thirty-six degrees thirty minutes of north

latitude; thence west with the southern boundary line of the State of Missouri to the southwest

corner of said last-named state; thence to be bounded on the west to the north bank of Red River,

as by act of Congress and treaties existing January 1, 1837, defining the western limits of the

Territory of Arkansas, and to be bounded across and south of Red River by the boundary line of

the State of Texas as far as to the northwest corner of the State of Louisiana; thence easterly with

the northern boundary line of said last-named State to the middle of the main channel of the

Mississippi River; thence up the middle of the main channel of said last-named river, including

an island in said river known as "Belle Point Island," and all other land originally surveyed and

included as a part of the Territory or State of Arkansas, to the thirty-sixth degree of north

latitude, the place of beginning.

Seat of Government

The seat of government of the state of Arkansas shall be and remain at Little Rock, where it is

now established.


Article 2.

Declaration of Rights.

Section:

1. Source of power.

2. Freedom and independence.

3. Equality before the law.

4. Right of assembly and of petition.

5. Right to bear arms.

6. Liberty of the press and of speech - Libel.

7. Jury trial - Right to - Waiver - Civil cases - Nine jurors agreeing.

8. Criminal charges - Self-incrimination - Due process - Double jeopardy - Bail.

9. Excessive bail or punishment prohibited - Witnesses - Detention.

10. Right of accused enumerated - Change of venue.

11. Habeas corpus.

12. Suspension of laws.

13. Redress of wrongs.

14. Treason.

15. Unreasonable searches and seizures.

16. Imprisonment for debt.

17. Attainder - Ex post facto laws.

18. Privileges and immunities - Equality.

19. Perpetuities and monopolies.

20. Resident aliens - Descent of property.

21. Life, liberty and property - Banishment prohibited.

22. Property rights - Taking without just compensation prohibited.

23. Eminent domain and taxation.

24. Religious liberty.

25. Protection of religion.

26. Religious tests.

27. Slavery - Standing armies - Military subordinate to civil power.

28. Tenure of lands.

29. Enumeration of rights of people not exclusive of other rights - Protection against

encroachment.

1. Source of power.

All political power is inherent in the people and government is instituted for their protection,

security and benefit; and they have the right to alter, reform or abolish the same, in such manner

as they may think proper.

2. Freedom and independence.

All men are created equally free and independent, and have certain inherent and inalienable

rights; amongst which are those of enjoying and defending life and liberty; of acquiring,

possessing and protecting property, and reputation; and of pursuing their own happiness. To

secure these rights governments are instituted among men, deriving their just powers from the

consent of the governed.

3. Equality before the law.

The equality of all persons before the law is recognized, and shall ever remain inviolate; nor

shall any citizen ever be deprived of any right, privilege or immunity; nor exempted from any

burden or duty, on account of race, color or previous condition.

4. Right of assembly and of petition.

The right of the people peaceably to assemble, to consult for the common good; and to petition,

by address or remonstrance, the government, or any department thereof, shall never be abridged.

5. Right to bear arms.

The citizens of this State shall have the right to keep and bear arms, for their common defense.

6. Liberty of the press and of speech - Libel.

The liberty of the press shall forever remain inviolate. The free communication of thoughts and

opinions, is one of the invaluable rights of man; and all persons may freely write and publish

their sentiments on all subjects, being responsible for the abuse of such right. In all criminal

prosecutions for libel, the truth may be given in evidence to the jury; and, if it shall appear to the

jury that the matter charged as libelous is true, and was published with good motives and for

justifiable ends, the party charged shall be acquitted.

7. Jury trial - Right to - Waiver - Civil cases - Nine jurors agreeing.

The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without

regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in

the manner prescribed by law; and in all jury trials in civil cases, where as many as nine of the

jurors agree upon a verdict, the verdict so agreed upon shall be returned as the verdict of such

jury, provided, however, that where a verdict is returned by less than twelve jurors all the jurors

consenting to such verdict shall sign the same. [As amended by Const. Amend. 16.]

8. Criminal charges - Self-incrimination - Due process - Double jeopardy - Bail.

No person shall be held to answer a criminal charge unless on the presentment or indictment of a

grand jury, except in cases of impeachment or cases such as the General Assembly shall make

cognizable by justices of the peace, and courts of similar jurisdiction; or cases arising in the army

and navy of the United States; or in the militia, when in actual service in time of war or public

danger; and no person, for the same offense, shall be twice put in jeopardy of life or liberty; but

if, in any criminal prosecution, the jury be divided in opinion, the court before which the trial

shall be had, may, in its discretion, discharge the jury, and commit or bail the accused for trial, at

the same or the next term of said court; nor shall any person be compelled, in any criminal case,

to be a witness against himself; nor be deprived of life, liberty or property, without due process

of law. All persons shall, before conviction, be bailable by sufficient sureties, except for capital

offenses, when the proof is evident or the presumption great.

9. Excessive bail or punishment prohibited - Witnesses - Detention.

Excessive bail shall not be required; nor shall excessive fines be imposed; nor shall cruel or

unusual punishments be inflicted; nor witnesses be unreasonably detained.

10. Right of accused enumerated - Change of venue.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an

impartial jury of the county in which the crime shall have been committed; provided, that the

venue may be changed to any other county of the judicial district in which the indictment is

found, upon the application of the accused, in such manner as now is, or may be prescribed by

law; and to be informed of the nature and cause of the accusation against him, and to have a copy

thereof; and to be confronted with the witnesses against him; to have compulsory process for

obtaining witnesses in his favor, and to be heard by himself and his counsel.

11. Habeas corpus.

The privilege of the writ of habeas corpus shall not be suspended; except by the General

Assembly, in case of rebellion, insurrection or invasion, when the public safety may require it.

12. Suspension of laws.

No power of suspending or setting aside the law or laws of the State, shall ever be exercised,

except by the General Assembly.

13. Redress of wrongs.

Every person is entitled to a certain remedy in the laws for all injuries or wrongs he may receive

in his person, property or character; he ought to obtain justice freely, and without purchase;

completely, and without denial; promptly and without delay; conformably to the laws.

14. Treason.

Treason against the State shall only consist in levying and making war against the same, or in

adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason

unless on the testimony of two witnesses to the same overt act, or on confession in open court.

15. Unreasonable searches and seizures.

The right of the people of this State to be secure in their persons, houses, papers, and effects,

against unreasonable searches and seizures, shall not be violated; and no warrant shall issue,

except upon probable cause, supported by oath or affirmation, and particularly describing the

place to be searched, and the person or thing to be seized.

16. Imprisonment for debt.

No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in

cases of fraud.

17. Attainder - Ex post facto laws.

No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be

passed; and no conviction shall work corruption of blood or forfeiture of estate.

18. Privileges and immunities - Equality.

The General Assembly shall not grant to any citizen, or class of citizens, privileges or

immunities which, upon the same terms, shall not equally belong to all citizens.

19. Perpetuities and monopolies.

Perpetuities and monopolies are contrary to the genius of a republic, and shall not be allowed;

nor shall any hereditary emoluments, privileges or honors ever be granted or conferred in this

State.

20. Resident aliens - Descent of property.

No distinction shall ever be made by law, between resident aliens and citizens, in regard to the

possession, enjoyment or descent of property.

21. Life, liberty and property - Banishment prohibited.

No person shall be taken, or imprisoned, or disseized of his estate, freehold, liberties or

privileges; or outlawed, or in any manner destroyed, or deprived of his life, liberty or property;

except by the judgment of his peers, or the law of the land; nor shall any person, under any circumstances,

be exiled from the State.

22. Property rights - Taking without just compensation prohibited.

The right of property is before and higher than any constitutional sanction; and private property

shall not be taken, appropriated or damaged for public use, without just compensation therefor.

23. Eminent domain and taxation.

The State's ancient right of eminent domain and of taxation, is herein fully and expressly

conceded; and the General Assembly may delegate the taxing power, with the necessary

restriction, to the State's subordinate political and municipal corporations, to the extent of

providing for their existence, maintenance and well being, but no further.

24. Religious liberty.

All men have a natural and indefeasible right to worship Almighty God according to the dictates

of their own consciences; no man can, of right, be compelled to attend, erect, or support any

place of worship; or to maintain any ministry against his consent. No human authority can, in

any case or manner whatsoever, control or interfere with the right of conscience; and no

preference shall ever be given, by law, to any religious establishment, denomination or mode of

worship, above any other.

25. Protection of religion.

Religion, morality and knowledge being essential to good government, the General Assembly

shall enact suitable laws to protect every religious denomination in the peaceable enjoyment of

its own mode of public worship.

26. Religious tests.

No religious test shall ever be required of any person as a qualification to vote or hold office; nor

shall any person be rendered incompetent to be a witness on account of his religious belief; but

nothing herein shall be construed to dispense with oaths or affirmations.

27. Slavery - Standing armies - Military subordinate to civil power.

There shall be no slavery in this State, nor involuntary servitude, except as a punishment for

crime. No standing army shall be kept in time of peace; the military shall, at all times, be in strict

subordination to the civil power; and no soldier shall be quartered in any house, or on any

premises, without the consent of the owner, in time of peace; nor in time of war, except in a

manner prescribed by law.

28. Tenure of lands.

All lands in this State are declared to be allodial; and feudal tenures of every description, with all

their incidents, are prohibited.

29. Enumeration of rights of people not exclusive of other rights - Protection against

encroachment.

This enumeration of rights shall not be construed to deny or disparage others retained by the

people; and to guard against any encroachments on the rights herein retained, or any

transgression of any of the higher powers herein delegated, we declare that everything in this

article is excepted out of the general powers of the government; and shall forever remain

inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be

void.


Article 3.

Franchise and Elections.

Section:

1. Qualifications of electors - Equal suffrage - Poll tax.

2. Right of suffrage.

3. [Repealed.]

4. Privilege of electors from arrest.

5. [Repealed.]

6. Violation of election laws - Penalty.

7. Soldiers and sailors - Residence - Voting rights.

8. Time of holding elections.

9. Testimony in election contest - Self-incrimination.

10. Election officers.

11. Votes to be counted.

12. Elections by representative - Viva voce vote.


1. Qualifications of electors

Except as otherwise provided by this Constitution, any person may vote in an election in this

state who is:

(1) A citizen of the United States;

(2) A resident of the State of Arkansas;

(3) At least eighteen (18) years of age; and

(4) Lawfully registered to vote in the election.

2. Right of suffrage.

Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the

free exercise of the right of suffrage; nor shall any law be enacted whereby such right shall be

impaired or forfeited, except for the commission of a felony, upon lawful conviction thereof.

3. [Repealed.]

4. Privilege of electors from arrest.

Electors shall, in all cases (except treason, felony and breach of the peace,) be privileged from

arrest during their attendance at elections, and going to and from the same.

5. [Repealed]

6. Violation of election laws - Penalty.

Any persons who shall be convicted of fraud, bribery, or other willful and corrupt violation of

any election law of this State, shall be adjudged guilty of a felony, and disqualified from holding

any office of trust or profit in this State.

7. Soldiers and sailors - Residence - Voting rights.

No soldier, sailor, or marine, in the military or naval service of the United States, shall acquire a

residence by reason of being stationed on duty in this State.

8. Time of holding elections.

The general elections shall be held biennially, on the days and at times fixed by the General

Assembly.

9. Testimony in election contest - Self-incrimination.

In trials of contested elections and in proceedings for the investigation of elections, no person

shall be permitted to withhold his testimony on the ground that it may criminate himself or

subject him to public infamy: but such testimony shall not be used against him in any judicial

proceeding, except for perjury in giving such testimony.

10. Election officers.

The General Assembly shall determine the qualifications of an election officer.

11. Votes to be counted.

If the officers of any election shall unlawfully refuse or fail to receive, count, or return the vote

or ballot of any qualified elector, such vote or ballot shall nevertheless be counted upon the trial

of any contests arising out of said election.

12. Elections by representative - Viva voce vote.

All elections by persons acting in a representative capacity shall be viva voce.


Article 4.

Departments.

Section:

1. Departments of government.

2. Separation of departments.

1. Departments of government.

The powers of the government of the State of Arkansas shall be divided into three distinct

departments, each of them to be confided to a separate body of magistracy, to-wit: Those which

are legislative, to one, those which are executive, to another, and those which are judicial, to

another.

2. Separation of departments.

No person or collection of persons, being of one of these departments, shall exercise any power

belonging to either of the others, except in the instances hereinafter expressly directed or

permitted.


Article 5.

Legislative Department.

Section:

1. Initiative and Referendum.

2. House of Representatives.

3. Senate.

4. Qualifications of senators and representatives.

5. Time of meeting.

6. Vacancies - Writs of election.

7. Officers ineligible.

8. Defaulters ineligible.

9. Persons convicted ineligible.

10. Members ineligible to civil office.

11. Appointment of officers - Qualifications of members - Quorum.

12. Powers and duties of each house.

13. Sessions to be open.

14. Election of officers by General Assembly.

15. Privileges of members.

16. Per diem and mileage of General Assembly.

17. Duration of sessions.

18. Presiding officers.

19. Style of laws - Enacting clause.

20. State not made defendant.

21. Laws by bills - Amendment.

22. Passage of bills.

23. Revival, amendment or extension of laws.

24. Local and special laws.

25. Special laws - Suspension of general laws.

26. Notice of local or special bills.

27. Extra compensation prohibited - Exception.

28. Adjournments.

29. Appropriations.

30. General and special appropriations.

31. Purposes of taxes and appropriations.

32. Workmen's Compensation Laws - Actions for personal injuries.

33. Liabilities of corporations to state.

34. Introduction of bills - Time limit.

35. Bribery of member of General Assembly or state officer.

36. Expulsion of member no bar to indictment.

37. Laws - Enactment - Majority required.

38. Taxes - Increase - Approval by electors.

39. State expenses - Limitation – Exceptions.

40. General appropriation bill - Enactment.

41. Expenses incurred or authorized only by bill - Repealing clause.


1. Initiative and Referendum.

The legislative power of the people of this State shall be vested in a General Assembly, which

shall consist of the Senate and House of Representatives, but the people reserve to themselves

the power to propose legislative measures, laws and amendments to the Constitution, and to

enact or reject the same at the polls independent of the General Assembly; and also reserve the

power, at their own option to approve or reject at the polls any entire act or any item of an

appropriation bill.

Initiative. The first power reserved by the people is the initiative. Eight per cent of the legal

voters may propose any law and ten per cent may propose a constitutional amendment by

initiative petition and every such petition shall include the full text of the measure so proposed.

Initiative petitions for state-wide measures shall be filed with the Secretary of State not less than

four months before the election at which they are to be voted upon; provided, that at least thirty

days before the aforementioned filing, the proposed measure shall have been published once, at

the expense of the petitioners, in some paper of general circulation.

Referendum. The second power reserved by the people is the referendum, and any number not

less than six per cent of the legal voters may, by petition, order the referendum against any

general Act, or any item of an appropriation bill, or measure passed by the General Assembly,

but the filing of a referendum petition against one or more items, sections or parts of any such act

or measure shall not delay the remainder from becoming operative. Such petition shall be filed

with the Secretary of State not later than ninety days after the final adjournment of the session at

which such Act was passed, except when a recess or adjournment shall be taken temporarily for

a longer period than ninety days, in which case such petition shall be filed not later than ninety

days after such recess or temporary adjournment. Any measure referred to the people by

referendum petition shall remain in abeyance until such vote is taken. The total number of votes

cast for the office of Governor in the last preceding general election shall be the basis upon

which the number of signatures of legal voters upon state-wide initiative and referendum

petitions shall be computed.

Upon all initiative or referendum petitions provided for in any of the sections of this article, it

shall be necessary to file from at least fifteen of the counties of the State, petitions bearing the

signature of not less than one-half of the designated percentage of the electors of such county.

Emergency. If it shall be necessary for the preservation of the public peace, health and safety

that a measure shall become effective without delay, such necessity shall be stated in one section,

and if upon a yea and nay vote two-thirds of all the members elected to each house, or two-thirds

of all the members elected to city or town councils, shall vote upon separate roll call in favor of

the measure going into immediate operation, such emergency measure shall become effective

without delay. It shall be necessary, however, to state the fact which constitutes such emergency.

Provided, however, that an emergency shall not be declared on any franchise or special privilege

or act creating any vested right or interest or alienating any property of the State. If a referendum

is filed against any emergency measure such measure shall be a law until it is voted upon by the

people, and if it is then rejected by a majority of the electors voting thereon, it shall be thereby

repealed. The provision of this sub-section shall apply to city or town councils.

Local for Municipalities and Counties. The initiative and referendum powers of the people are

hereby further reserved to the legal voters of each municipality and county as to all local, special

and municipal legislation of every character in and for their respective municipalities and

counties, but no local legislation shall be enacted contrary to the Constitution or any general law

of the State, and any general law shall have the effect of repealing any local legislation which is

in conflict therewith.

Municipalities may provide for the exercise of the initiative and referendum as to their local

legislation. General laws shall be enacted providing for the exercise of the initiative and

referendum as to counties. Fifteen per cent of the legal voters of any municipality or county may

order the referendum, or invoke the initiative upon any local measure. In municipalities the

number of signatures required upon any petition shall be computed upon the total vote cast for

the office of mayor at the last preceding general election; in counties upon the office of circuit

clerk. In municipalities and counties the time for filing an initiative petition shall not be fixed at

less than sixty days nor more than ninety days before the election at which it is to be voted upon;

for a referendum petition at not less than thirty days nor more than ninety days after the passage

of such measure by a municipal council; nor less than ninety days when filed against a local or

special measure passed by the General Assembly.

Every extension, enlargement, grant, or conveyance of a franchise or any rights, property,

easement, lease, or occupation of or in any road, street, alley or any part thereof in real property

or interest in real property owned by municipalities, exceeding in value three hundred dollars,

whether the same be by statute, ordinance, resolution, or otherwise, shall be subject to

referendum and shall not be subject to emergency legislation.

General Provisions

Definition. The word "measure" as used herein includes any bill, law, resolution, ordinance,

charter, constitutional amendment or legislative proposal or enactment of any character.

No Veto. The veto power of the Governor or mayor shall not extend to measures initiated by or

referred to the people.

Amendment and Repeal. No measure approved by a vote of the people shall be amended or

repealed by the General Assembly or by any city council, except upon a yea and nay vote on roll

call of two-thirds of all the members elected to each house of the General Assembly, or of the

city council, as the case may be.

Election. All measures initiated by the people whether for the State, county, city or town, shall

be submitted only at the regular elections, either State, congressional or municipal, but

referendum petitions may be referred to the people at special elections to be called by the proper

official, and such special elections shall be called when fifteen per cent of the legal voters shall

petition for such special election, and if the referendum is invoked as to any measure passed by a

city or town council, such city or town council may order a special election.

Majority. Any measure submitted to the people as herein provided shall take effect and become

a law when approved by a majority of the votes cast upon such measure, and not otherwise, and

shall not be required to receive a majority of the electors voting at such election. Such measures

shall be operative on and after the thirtieth day after the election at which it is approved, unless

otherwise specified in the Act.

This section shall not be construed to deprive any member of the General Assembly of the right

to introduce any measure, but no measure shall be submitted to the people by the General

Assembly, except a proposed constitutional amendment or amendments as provided for in this

Constitution.

Canvass and Declaration of Results. The result of the vote upon any State measure shall be

canvassed and declared by the State Board of Election Commissioners (or legal substitute

therefor); upon a municipal or county measure, by the county election commissioners (or legal

substitute therefor).

Conflicting Measures. If conflicting measures initiated or referred to the people shall be

approved by a majority of the votes severally cast for and against the same at the same election,

the one receiving the highest number of affirmative votes shall become law.

The Petition

Title. At the time of filing petitions the exact title to be used on the ballot shall by the petitioners

be submitted with the petition, and on state-wide measures, shall be submitted to the State Board

of Election Commissioners, who shall certify such title to the Secretary of State, to be placed

upon the ballot; on county and municipal measures such title shall be submitted to the county

election board and shall by said board be placed upon the ballot in such county or municipal

election.

Limitation. No limitation shall be placed upon the number of constitutional amendments, laws,

or other measures which may be proposed and submitted to the people by either initiative or

referendum petition as provided in this section. No petition shall be held invalid if it shall contain

a greater number of signatures than required herein.

Verification. Only legal votes shall be counted upon petitions. Petitions may be circulated and

presented in parts, but each part of any petition shall have attached thereto the affidavit of the

person circulating the same, that all signatures thereon were made in the presence of the affiant,

and that to the best of the affiant's knowledge and belief each signature is genuine, and that the

person signing is a legal voter and no other affidavit or verification shall be required to establish

the genuineness of such signatures.

Sufficiency. The sufficiency of all state-wide petitions shall be decided in the first instance by

the Secretary of State, subject to review by the Supreme Court of the State, which shall have

original and exclusive jurisdiction over all such causes. The sufficiency of all local petitions shall

be decided in the first instance by the county clerk or the city clerk as the case may be, subject to

review by the chancery court.

Court Decisions. If the sufficiency of any petition is challenged such cause shall be a preference

cause and shall be tried at once, but the failure of the courts to decide prior to the election as to

the sufficiency of any such petition, shall not prevent the question from being placed upon the

ballot at the election named in such petition, nor militate against the validity of such measure, if

it shall have been approved by a vote of the people.

Amendment of Petition. If the Secretary of State, county clerk or city clerk, as the case may be,

shall decide any petition to be insufficient, he shall without delay notify the sponsers of such

petition, and permit at least thirty days from the date of such notification, in the instance of a

state-wide petition, or ten days in the instance of a municipal or county petition, for correction or

amendment. In the event of legal proceedings to prevent giving legal effect to any petition upon

any grounds, the burden of proof shall be upon the person or persons attacking the validity of the

petition.

Unwarranted Restrictions Prohibited. No law shall be passed to prohibit any person or

persons from giving or receiving compensation for circulating petitions, nor to prohibit the

circulation of petitions, nor in any manner interfering with the freedom of the people in

procuring petitions; but laws shall be enacted prohibiting and penalizing perjury, forgery, and all

other felonies or other fraudulent practices, in the securing of signatures or filing of petitions.

Publication. All measures submitted to a vote of the people by petition under the provisions of

this section shall be published as is now, or hereafter may be provided by law.

Enacting Clause. The style of all bills initiated and submitted under the provisions of this

section shall be, "Be It Enacted by the People of the State of Arkansas, (municipality or county,

as the case may be)." In submitting measures to the people, the Secretary of State and all other

officials shall be guided by the general election laws or municipal laws as the case may be until

additional legislation is provided therefor.

Self-Executing. This section shall be self-executing, and all its provisions shall be treated as

mandatory, but laws may be enacted to facilitate its operation. No legislation shall be enacted to

restrict, hamper or impair the exercise of the rights herein reserved to the people. [As amended

by Const. Amend. 7]


2. House of Representatives.

The House of Representatives shall consist of members to be chosen every second year, by the

qualified electors of the several counties.

3. Senate.

The Senate shall consist of members to be chosen every four years, by the qualified electors of

the several districts. At the first session of the Senate, the Senators shall divide themselves into

two classes, by lot, and the first class shall hold their places for two years only, after which all

shall be elected for four years.

4. Qualifications of senators and representatives.

No person shall be a Senator or Representative who, at the time of his election, is not a citizen of

the United States, nor any one who has not been for two years next preceding his election, a

resident of this State, and for one year next preceding his election, a resident of the county or

district whence he may be chosen. Senators shall be at least twenty-five years of age, and

Representatives at least twenty-one years of age.

5. Time of meeting.

a) The General Assembly shall meet at the seat of government every year.

(b) The General Assembly shall meet in regular session on the second Monday in January of

each odd-numbered year to consider any bill or resolution. The General Assembly may alter the

time at which the regular session begins.

(c) (1) Beginning in 2010, the General Assembly shall meet in fiscal session on the second

Monday in February of each even-numbered year to consider only appropriation bills. The

General Assembly may alter the time at which the fiscal session begins.

(2) A bill other than an appropriation bill may be considered in a fiscal session if two-thirds

(2/3) of the members of each house of the General Assembly approve consideration of the bill.

(d) The General Assembly, by a vote of two-thirds (2/3) of the members elected to each house

of the General Assembly, may alter the dates of the regular session and fiscal session so that

regular sessions occur in even numbered years and the fiscal sessions occur in odd-numbered

years.

6. Vacancies - Writs of election.

The Governor shall issue writs of election, to fill such vacancies as shall occur in either house of

the General Assembly.

7. Officers ineligible.

No judge of the Supreme, Circuit or inferior courts of law or equity, Secretary of State, Attorney

General for the State, Auditor or Treasurer, Recorder, clerk of any court of record, Sheriff,

Coroner, member of Congress, nor any other person holding any lucrative office under the

United States or this State (militia officers, justices of the peace, postmasters, officers of public

schools and notaries excepted), shall be eligible to a seat in either house of the General

Assembly.

8. Defaulters ineligible.

No person who now is, or shall be hereafter, a collector or holder of public money, nor any

assistant or deputy of such holder or collector of public money, shall be eligible to a seat in either

house of the General Assembly, nor to any office of trust or profit, until he shall have accounted

for, and paid over, all sums for which he may have been liable.

9. Persons convicted ineligible.

No person hereafter convicted of embezzlement of public money, bribery, forgery or other

infamous crime, shall be eligible to the General Assembly or capable of holding any office of

trust or profit in this State.

10. Members ineligible to civil office.

No Senator or Representative shall, during the term for which he shall have been elected, be

appointed or elected to any civil office under this State.

11. Appointment of officers - Qualifications of members - Quorum.

Each house shall appoint its own officers, and shall be sole judge of the qualifications, returns

and elections of its own members. A majority of all the members elected to each house shall

constitute a quorum to do business; but a smaller number may adjourn from day to day, and

compel the attendance of absent members, in such manner and under such penalties as each

house shall provide.

12. Powers and duties of each house.

Each house shall have power to determine the rules of its proceedings; and punish its members,

or other persons, for contempt or disorderly behavior in its presence; enforce obedience to its

process; to protect its members against violence or offers of bribes, or private solicitations; and,

with the concurrence of two-thirds, expel a member; but not a second time for the same cause. A

member expelled for corruption shall not, thereafter, be eligible to either house; and punishment

for contempt, or disorderly behavior, shall not bar an indictment for the same offense. Each

house shall keep a journal of its proceedings; and, from time to time, publish the same, except

such parts as require secrecy; and the yeas and nays, on any question, shall, at the desire of any

five members, be entered on the journals.

13. Sessions to be open.

The sessions of each house, and of committees of the whole, shall be open, unless when the

business is such as ought to be kept secret.

14. Election of officers by General Assembly.

Whenever an officer, civil or military, shall be appointed by the joint or concurrent vote of both

houses, or by the separate vote of either house of the General Assembly, the vote shall be taken

viva voce, and entered on the journals.

15. Privileges of members.

The members of the General Assembly shall, in all cases except treason, felony, and breach or

surety of the peace, be privileged from arrest during their attendance at the sessions of their

respective houses; and, in going to and returning from the same; and, for any speech or debate in

either house, they shall not be questioned in any other place.

16. Per diem and mileage of General Assembly.

Each member of the General Assembly shall receive six dollars per day for his services during

the first sixty days of any regular session of the General Assembly, and if any regular session

shall be extended, such member shall serve without further per diem. Each member of the

General Assembly shall also receive ten cents per mile for each mile traveled in going to and

returning from the seat of government, over the most direct and practicable route. When

convened in extraordinary session by the Governor, they shall each receive three dollars per day

for their services during the first fifteen days, and if such extraordinary session shall extend

beyond fifteen days, they shall receive no further per diem. They shall be entitled to the same

mileage for any extraordinary session as herein provided for regular sessions. The terms of all

members of the General Assembly shall begin on the day of their election, and they shall receive

no compensation, perquisite or allowance whatever, except as herein provided. [As amended by

Const. Amend. 5.]

17. Duration of sessions.

(a) A regular biennial session shall not exceed sixty (60) calendar days in duration, unless

extended by a vote of two-thirds (2/3) of the members elected to each house of the General

Assembly. The regular biennial session shall not exceed seventy five (75) calendar days in

duration, unless extended by a vote of three-fourths (¾) of the members elected to each house of

the General Assembly.

(b) A fiscal session shall not exceed thirty (30) calendar days in duration, except that by a

vote of three-fourths (¾) of the members elected to each house of the General Assembly a fiscal

session may be extended one (1) time by no more than fifteen (15) calendar days.

(c) Provided, that this section shall not apply when impeachments are pending.

18. Presiding officers.

Each house, at the beginning of every regular session of the General Assembly, and whenever a

vacancy may occur, shall elect from its members a presiding officer, to be styled, respectively,

the President of the Senate, and the Speaker of the House of Representatives; and whenever, at

the close of any session, it may appear that the term of the member elected President of the

Senate will expire before the next regular session, the Senate shall elect another President from

those members whose terms of office continue over, who shall qualify and remain President of

the Senate until his successor may be elected and qualified; and who, in the case of a vacancy in

the office of Governor, shall perform the duties and exercise the powers of Governor as

elsewhere herein provided.

19. Style of laws - Enacting clause.

The style of the laws of the State of Arkansas shall be: "Be it enacted by the General Assembly

of the State of Arkansas."

20. State not made defendant.

The State of Arkansas shall never be made defendant in any of her courts.

21. Laws by bills - Amendment.

No law shall be passed except by bill, and no bill shall be so altered or amended on its passage

through either house, as to change its original purpose.

22. Passage of bills.

Every bill shall be read at length, on three different days, in each house; unless the rules be

suspended by two-thirds of the house, when the same may be read a second or third time on the

same day; and no bill shall become a law unless, on its final passage, the vote be taken by yeas

and nays; the names of the persons voting for and against the same be entered on the journal; and

a majority of each house be recorded thereon as voting in its favor.

23. Revival, amendment or extension of laws.

No law shall be revived, amended, or the provisions thereof extended or conferred, by reference

to its title only; but so much thereof as is revived, amended, extended or conferred, shall be

reenacted and published at length.

24. Local and special laws.

The General Assembly shall not pass any local or special law, changing the venue in criminal

cases; changing the names of persons, or adopting or legitimating children; granting divorces;

vacating roads, streets or alleys.

25. Special laws - Suspension of general laws.

In all cases where a general law can be made applicable, no special law shall be enacted; nor

shall the operation of any general law be suspended by the legislature for the benefit of any

particular individual, corporation or association; nor where the courts have jurisdiction to grant

the powers, or the privileges, or the relief asked for.

26. Notice of local or special bills.

No local or special bill shall be passed, unless notice of the intention to apply therefor shall have

been published, in the locality where the matter or the thing to be affected may be situated;

which notice shall be, at least, thirty days prior to the introduction into the General Assembly of

such bill, and in the manner to be provided by law. The evidence of such notice having been

published, shall be exhibited in the General Assembly before such act shall be passed.

27. Extra compensation prohibited - Exception.

No extra compensation shall be made to any officer, agent, employee, or contractor, after the

service shall have been rendered, or the contract made; nor shall any money be appropriated or

paid on any claim, the subject matter of which shall not have been provided for by preexisting

laws; unless such compensation, or claim, be allowed by bill passed by two-thirds of the

members elected to each branch of the General Assembly.

28. Adjournments.

Neither house shall, without the consent of the other, adjourn for more than three days; nor to

any other place than that in which the two houses shall be sitting.

29. Appropriations.

No money shall be drawn from the treasury except in pursuance of specific appropriation

made by law, the purpose of which shall be distinctly stated in the bill, and the maximum amount

which may be drawn shall be specified in dollars and cents; and no appropriations made by the

General Assembly after December 31, 2008, shall be for a longer period than one (1) fiscal year.

30. General and special appropriations.

The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses

of the executive, legislative and judicial departments of the State; all other appropriations shall

be made by separate bills, each embracing but one subject.

31. Purposes of taxes and appropriations.

No State tax shall be allowed, or appropriation of money made, except to raise means for the

payment of the just debts of the State, for defraying the necessary expenses of government, to

sustain common schools, to repel invasion and suppress insurrection, except by a majority of

two-thirds of both houses of the General Assembly.

32. Workmen's Compensation Laws - Actions for personal injuries.

The General Assembly shall have power to enact laws prescribing the amount of compensation

to be paid by employers for injuries to or death of employees, and to whom said payment shall

be made. It shall have power to provide the means, methods, and forum for adjudicating claims

arising under said laws, and for securing payment of same. Provided, that otherwise no law shall

be enacted limiting the amount to be recovered for injuries resulting in death or for injuries to

persons or property; and in case of death from such injuries the right of action shall survive, and

the General Assembly shall prescribe for whose benefit such action shall be prosecuted. [As

amended by Const. Amend. 26.]

33. Liabilities of corporations to state.

No obligation or liability of any railroad, or other corporation, held or owned by this State shall

ever be exchanged, transferred, remitted, postponed or in any way diminished by the General

Assembly; nor shall such liability or obligation be released, except by payment thereof into the

State treasury.

34. Introduction of bills - Time limit.

No new bill shall be introduced into either house during the last three days of a regular or fiscal

session.

35. Bribery of member of General Assembly or state officer.

Any person who shall, directly or indirectly, offer, give, or promise any money, or thing of value,

testimonial, privilege or personal advantage to any executive or judicial officer, or member of the

General Assembly; and any such executive or judicial officer, or member of the General

Assembly, who shall receive or consent to receive any such consideration, either directly or

indirectly, to influence his action in the performance or non performance of his public or official

duty, shall be guilty of a felony, and be punished accordingly.

36. Expulsion of member no bar to indictment.

Proceedings to expel a member for a criminal offense, whether successful or not, shall not bar an

indictment and punishment, under the criminal laws, for the same offense.

37. Laws - Enactment - Majority required.

§ 1. Not less than a majority of the members of each House of the General Assembly may enact a

law. [As added to Art. 5 by Const. Amend. 19.]

38. Taxes - Increase - Approval by electors.

§ 2. None of the rates for property, excise, privilege or personal taxes, now levied shall be

increased by the General Assembly except after the approval of the qualified electors voting

thereon at an election, or in case of emergency, by the votes of three-fourths of the members

elected to each House of the General Assembly. [As added to Art. 5 by Const. Amend. 19.]

39. State expenses - Limitation - Exceptions.

§ 3. Excepting monies raised or collected for educational purposes, highway purposes, to pay

Confederate pensions and the just debts of the State, the General Assembly is hereby prohibited

from appropriating or expending more than the sum of Two and One-Half Million Dollars for all

purposes, for any fiscal year; provided the limit herein fixed may be exceeded by the votes of

three-fourths of the members elected to each House of the General Assembly.

40. General appropriation bill - Enactment.

§ 4. In making appropriations for any fiscal year, the General Assembly shall first pass the

General Appropriation Bill provided for in Section 30 of Article 5 of the Constitution, and no

other appropriation bill may be enacted before that shall have been done.

41. Expenses incurred or authorized only by bill - Repealing clause.

§ 5. No expense shall be incurred or authorized for either House except by a bill duly passed by

both Houses and approved by the Governor. [As added to Art. 5 by Const. Amend. 19.]


Article 6.

Executive Department.

Section:

1. Executive officers.

2. Governor - Supreme executive power.

3. Election of executive officers.

4. Contested election.

5. Qualifications of Governor.

6. Governor, commander-in-chief of armed services.

7. Information and reports from departments.

8. Messages to General Assembly.

9. Seal of State.

10. Grants and commissions.

11. Incompatible offices.

12. President of Senate succeeding to Governor's office.

13. Speaker of House succeeding to office of Governor.

14. Election to fill vacancy.

15. Approval of bills - Vetoes.

16. Concurrent orders or resolutions - Veto.

17. Vetoes of items of appropriation bills.

18. Pardoning power.

19. Extraordinary sessions of General Assembly - Calling - Purposes.

20. Power to adjourn General Assembly.

21. Duties of Secretary of State.

22. Duties of executive officers in general - Dual office holding prohibited - Vacancies - Filling.

23. Filling vacancies in other offices.


1. Executive officers.

The executive department of this State shall consist of a Governor, Lieutenant Governor,

Secretary of State, Treasurer of State, Auditor of State and Attorney General, all of whom shall

keep their offices in person at the seat of government and hold their offices for the term of two

years and until their successors are elected and qualified, and the General Assembly may provide

by law for the establishment of the office of Commissioner of State Lands. [As amended by

Const. Amend. 6, § 1.]

2. Governor - Supreme executive power.

The supreme executive power of this State shall be vested in a chief magistrate, who shall be

styled "the Governor of the State of Arkansas."

3. Election of executive officers.

The Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General

shall be elected by the qualified electors of the State at large, at the time and places of voting for

members of the General Assembly; the returns of each election therefor shall be sealed up

separately and transmitted to the seat of government by the returning officers, and directed to the

Speaker of the House of Representatives; who shall, during the first week of the session, open

and publish the votes cast and given for each of the respective officers hereinbefore mentioned,

in the presence of both houses of the General Assembly. The person having the highest number

of votes, for each of the respective offices, shall be declared duly elected thereto; but if two or

more shall be equal, and highest in votes for the same office, one of them shall be chosen by the

joint vote of both houses of the General Assembly, and a majority of all the members elected

shall be necessary to a choice.

4. Contested election.

Contested elections for Governor, Secretary of State, Treasurer of State, Auditor of State, and

Attorney General shall be determined by the members of both houses of the General Assembly,

in joint session; who shall have exclusive jurisdiction in trying and determining the same, except

as hereinafter provided in the case of special elections; and all such contests shall be tried and

determined at the first session of the General Assembly after the election in which the same shall

have arisen.

5. Qualifications of Governor.

No person shall be eligible to the office of Governor except a citizen of the United States, who

shall have attained the age of thirty years, and shall have been seven years a resident of this

State.

6. Governor, commander-in-chief of armed services.

The Governor shall be commander-in-chief of the military and naval forces of this State, except

when they shall be called into the actual service of the United States.

7. Information and reports from departments.

He may require information, in writing, from the officers of the executive department, on any

subject relating to the duties of their respective offices; and shall see that the laws are faithfully

executed.

8. Messages to General Assembly.

He shall give to the General Assembly, from time to time, and at the close of his official term, to

the next General Assembly, information, by message, concerning the condition and government

of the State; and recommend for their consideration such measures as he may deem expedient.

9. Seal of State.

A seal of the State shall be kept by the Governor, used by him officially, and called the "Great

Seal of the State of Arkansas."

10. Grants and commissions.

All grants and commissions shall be issued in the name, and by the authority, of the State of

Arkansas; sealed with the great seal of the State; signed by the Governor, and attested by the

Secretary of State.

11. Incompatible offices.

No member of Congress, or other person holding office under the authority of this State, or of

the United States, shall exercise the office of Governor, except as herein provided.

12. President of Senate succeeding to Governor's office.

In case of the death, conviction on impeachment, failure to qualify, resignation, absence from the

State, or other disability of the Governor, the powers, duties and emoluments of the office for the

remainder of the term, or until the disability be removed, or a Governor elected and qualified,

shall devolve upon, and accrue, to the President of the Senate.

13. Speaker of House succeeding to office of Governor.

If, during the vacancy of the office of Governor, the President of the Senate shall be impeached,

removed from office, refuse to qualify, resign, die, or be absent from the State; the Speaker of

the House of Representatives shall, in like manner, administer the government.

14. Election to fill vacancy.

Whenever the office of Governor shall have become vacant by death, resignation, removal from

office or otherwise, provided such vacancy shall not happen within twelve months next before

the expiration of the term of office for which the late Governor shall have been elected, the

President of the Senate or Speaker of the House of Representatives, as the case may be,

exercising the powers of Governor for the time being, shall immediately cause an election to be

held to fill such vacancy, giving, by proclamation, sixty days, previous notice thereof, which

election shall be governed by the same rules prescribed for general elections of Governor as far

as applicable; the returns shall be made to the Secretary of State, and the acting Governor,

Secretary of State and Attorney General shall constitute a board of canvassers, a majority of

whom shall compare said returns and declare who is elected; and if there be a contested election,

it shall be decided as may be provided by law.

15. Approval of bills - Vetoes.

Every bill which shall have passed both houses of the General Assembly, shall be presented to

the Governor; if he approve it, he shall sign it; but if he shall not approve it, he shall return it,

with his objections, to the house in which it originated; which house shall enter the objections at

large upon their journal and proceed to reconsider it. If, after such reconsideration, a majority of

the whole number elected to that house, shall agree to pass the bill, it shall be sent, with the

objections, to the other house; by which, likewise, it shall be reconsidered; and, if approved by a

majority of the whole number elected to that house, it shall be a law; but in such cases the vote of

both houses shall be determined by "yeas and nays;" and the names of the members voting for or

against the bill, shall be entered on the journals. If any bill shall not be returned by the Governor

within five days, Sundays excepted, after it shall have been presented to him, the same shall be a

law in like manner as if he had signed it; unless the General Assembly, by their adjournment,

prevent its return; in which case it shall become a law, unless he shall file the same, with his

objections, in the office of the Secretary of State, and give notice thereof, by public

proclamation, within twenty days after such adjournment.

16. Concurrent orders or resolutions - Veto.

Every order or resolution in which the concurrence of both houses of the General Assembly may

be necessary, except on questions of adjournment, shall be presented to the Governor, and,

before it shall take effect, be approved by him; or, being disapproved, shall be repassed by both

houses according to the rules and limitations prescribed in the case of a bill.

17. Vetoes of items of appropriation bills.

The Governor shall have power to disapprove any item, or items, of any bill making

appropriation of money, embracing distinct items; and the part or parts of the bill approved shall

be the law; and the item or items of appropriations disapproved, shall be void unless repassed

according to the rules and limitations prescribed for the passage of other bills over the executive

veto.

18. Pardoning power.

In all criminal and penal cases, except in those of treason and impeachment, the Governor shall

have power to grant reprieves, commutations of sentence, and pardons, after conviction; and to

remit fines and forfeitures, under such rules and regulations as shall be prescribed by law. In

cases of treason, he shall have power, by and with the advice and consent of the Senate, to grant

reprieves and pardons; and he may, in the recess of the Senate, respite the sentence until the

adjournment of the next regular session of the General Assembly. He shall communicate to the

General Assembly at every regular session each case of reprieve, commutation or pardon, with

his reasons therefor; stating the name and crime of the convict, the sentence, its date, and the date

of the commutation, pardon or reprieve.

19. Extraordinary sessions of General Assembly - Calling - Purposes.

The Governor may, by proclamation, on extraordinary occasions, convene the General Assembly

at the seat of government, or at a different place, if that shall have become, since their last

adjournment, dangerous from an enemy or contagious disease; and he shall specify in his

proclamation the purpose for which they are convened; and no other business than that set forth

therein shall be transacted until the same shall have been disposed of; after which they may, by a

vote of two-thirds of all the members elected to both houses, entered upon their journals, remain

in session not exceeding fifteen days.

20. Power to adjourn General Assembly.

In cases of disagreement between the two houses of the General Assembly, at a regular or special

session, with respect to the time of adjournment, the Governor may, if the facts be certified to

him by the presiding officers of the two houses, adjourn them to a time not beyond the day of

their next meeting; and on account of danger from an enemy or disease, to such other place of

safety as he may think proper.

21. Duties of Secretary of State.

The Secretary of State shall keep a full and accurate record of all the official acts and

proceedings of the Governor; and, when required, lay the same with all papers, minutes and

vouchers relating thereto, before either branch of the General Assembly. He shall also discharge

the duties of Superintendent of Public Instruction, until otherwise provided by law.

22. Duties of executive officers in general - Dual office holding prohibited - Vacancies -

Filling.

The Treasurer of State, Secretary of State, Auditor of State, and Attorney-General shall perform

such duties as may be prescribed by law; they shall not hold any other office or commission,

civil or military, in this State or under any State, or the United States, or any other power, at one

and the same time; and in case of vacancy occurring in any of said offices, by death, resignation

or otherwise, the Governor shall fill said office by appointment for the unexpired term.

23. Filling vacancies in other offices.

When any office, from any cause, may become vacant, and no mode is provided by the

Constitution and laws for filling such vacancy, the Governor shall have the power to fill the same

by granting a commission, which shall expire when the person elected to fill said office, at the

next general election, shall be duly qualified.


Article 7.

Judicial Department.

Section:

1 - 18. [Repealed.]

19. Circuit clerks - Election - Term of office - Ex-officio duties - County clerks elected in

certain counties.

20 - 22. [Repealed.]

23. Charge to juries.

24. [Repealed.]

25. [Repealed.]

26. Punishment of indirect contempt provided for by law.

27. Removal of county and township officers - Grounds.

28. County courts - Jurisdiction - Single judge holding court.

29. County judge - Election - Term - Qualifications.

30. Quorum court - County judge and justices of peace.

31. County court - Terms.

32. [Repealed.]

33. Appeals from county and common pleas courts.

34. [Repealed.]

35. [Repealed.]

36. Special judges of county or probate courts.

37. Compensation of county judge - Powers during absence of circuit judge.

38. Justices of the peace - Election - Term - Oath.

39. [Repealed.]

40. [Repealed.]

41. Qualifications of justice of peace.

42. [Repealed.]

43. [Repealed.]

44. [Repealed.]

45. [Repealed.]

46. County executive officers - Compensation of county assessor.

47. Constables - Term of office - Certificate of election.

48. Commissions of officers.

49. Style of process and of indictments.

50. [Repealed.]

51. Appeals from county or municipal allowances - Bond.

52. Appeals in election contests.


§ 1 - 18. [Repealed.]

19. Circuit clerks - Election - Term of office - Ex-officio duties - County clerks elected in

certain counties.

The clerks of the circuit courts shall be elected by the qualified electors of the several counties

for the term of two years, and shall be ex-officio clerks of the county and probate courts and

recorder; provided, that in any county having a population exceeding fifteen thousand

inhabitants, as shown by the last Federal census, there shall be elected a county clerk, in like

manner as the clerk of the circuit court, and in such case the county clerk shall be ex-officio clerk

of the probate court of such county until otherwise provided by the General Assembly. [As

amended by Const. Amend. 24, § 3.]

§ 20 - 22. [Repealed.]

23. Charge to juries.

Judges shall not charge juries with regard to matters of fact, but shall declare the law; and, in jury

trials, shall reduce their charge or instructions to writing, on the request of either party.

24. [Repealed.]

25. [Repealed.]

26. Punishment of indirect contempt provided for by law.

The General Assembly shall have power to regulate, by law, the punishment of contempts; not

committed in the presence or hearing of the courts, or in disobedience of process.

27. Removal of county and township officers - Grounds.

The Circuit Court shall have jurisdiction upon information, presentment, or indictment, to

remove any county or township officer from office for incompetency, corruption, gross

immorality, criminal conduct, malfeasance, misfeasance or nonfeasance in office.

28. County courts - Jurisdiction - Single judge holding court.

The County Courts shall have exclusive original jurisdiction in all matters relating to county

taxes, roads, bridges, ferries, paupers, bastardy, vagrants, the apprenticeship of minors, the

disbursement of money for county purposes, and in every other case that may be necessary to the

internal improvement and local concerns of the respective counties. The County Court shall be

held by one judge, except in cases otherwise herein provided.

29. County judge - Election - Term - Qualifications.

The Judge of the County Court shall be elected by the qualified electors of the county for the

term of two years. He shall be at least twenty-five years of age, a citizen of the United States, a

man of upright character, of good business education, and a resident of the State for two years

before his election; and a resident of the county at the time of his election, and during his

continuance in office.

30. Quorum court - County judge and justices of peace.

The Justices of the Peace of each county shall sit with and assist the County Judge in levying the

county taxes, and in making appropriations for the expenses of the county, in the manner to be

prescribed by law; and the County Judge, together with a majority of said Justices, shall

constitute a quorum for such purposes; and in the absence of the County Judge a majority of the

Justices of the Peace may constitute the court, who shall elect one of their number to preside.

The General Assembly shall regulate by law the manner of compelling the attendance of such

quorum.

31. County court - Terms.

The terms of the County Courts shall be held at the times that are now prescribed for holding the

Supervisors' Courts, or may hereafter be prescribed by law.

32. [Repealed.]

33. Appeals from county and common pleas courts.

Appeals from all judgments of County Courts or Courts of Common Pleas, when established,

may be taken to the Circuit Court under such restrictions and regulations as may be prescribed by

law.

34. [Repealed.]

35. [Repealed.]

36. Special judges of county or probate courts.

Whenever a Judge of the County or Probate Court may be disqualified from presiding, in any

cause or causes pending in his court, he shall certify the facts to the Governor of the State, who

shall thereupon commission a special judge to preside in such cause or causes during the time

said disqualification may continue, or until such cause or causes may be finally disposed of.

37. Compensation of county judge - Powers during absence of circuit judge.

The County Judge shall receive such compensation for his services as presiding Judge of the

County Court, as Judge of the Court of Probate and Judge of the Court of Common Pleas, when

established, as may be provided by law. In the absence of the Circuit Judge from the county, the

County Judge shall have power to issue orders for injunctions and other provisional writs in their

counties, returnable to the court having jurisdiction; provided, that either party may have such

order reviewed by any superior Judge in vacation in such manner as shall be provided by law.

The County Judge shall have power, in the absence of the Circuit Judge from the county, to

issue, hear and determine writs of habeas corpus, under such regulations and restrictions as shall

be provided by law.

38. Justices of the peace - Election - Term - Oath.

The qualified electors of each township shall elect the Justices of the Peace for the term of two

years; who shall be commissioned by the Governor, and their official oath shall be indorsed on

the commission.

39. [Repealed.]

40. [Repealed.]

41. Qualifications of justice of peace.

A Justice of the Peace shall be a qualified elector and a resident of the township for which he is

elected.

42. [Repealed.]

43. [Repealed.]

44. [Repealed.]

45. [Repealed.]

46. County executive officers - Compensation of county assessor.

The qualified electors of each county shall elect one Sheriff, who shall be ex-officio collector of

taxes, unless otherwise provided by law; one Assessor, one Coroner, one Treasurer, who shall be

ex-officio treasurer of the common school fund of the county, and one County Surveyor; for the

term of two years, with such duties as are now or may be prescribed by law: Provided, that no

per centum shall ever be paid to assessors upon the valuation or assessment of property by them.

47. Constables - Term of office - Certificate of election.

The qualified electors of each township shall elect the Constable for the term of two years, who

shall be furnished, by the presiding Judge of the County Court, with a certificate of election, on

which his official oath shall be indorsed.

48. Commissions of officers.

All officers provided for in this article, except Constables, shall be commissioned by the

Governor.

49. Style of process and of indictments.

All writs and other judicial process, shall run in the name of the State of Arkansas, bear test and

be signed by the clerks of the respective courts from which they issue. Indictments shall

conclude: "Against the peace and dignity of the State of Arkansas."

50. [Repealed.]

51. Appeals from county or municipal allowances - Bond.

That in all cases of allowances made for or against counties, cities or towns, an appeal shall lie to

the Circuit Court of the county, at the instance of the party aggrieved, or on the intervention of

any citizen or resident and tax payer of such county, city or town, on the same terms and

conditions on which appeals may be granted to the Circuit Court in other cases; and the matter

pertaining to any such allowance shall be tried in the Circuit Court de novo. In case an appeal be

taken by any citizen, he shall give a bond, payable to the proper county, conditioned to prosecute

the appeal, and save the county from costs on account of the same being taken.

52. Appeals in election contests.

That in all cases of contest for any county, township, or municipal office, an appeal shall lie at

the instance of the party aggrieved, from any inferior board, council, or tribunal to the Circuit

Court, on the same terms and conditions on which appeals may be granted to the Circuit Court in

other cases, and on such appeals the case shall be tried de novo.


Article 8.

Apportionment - Membership in General Assembly.

Section:

1. Board of apportionment created - Powers and duties.

2. One hundred members in House of Representatives - Apportionment.

3. Senatorial districts - Thirty-five members of Senate.

4. Duties of Board of Apportionment.

5. Mandamus to compel Board of Apportionment to act.

6. Election of Senators and Representatives.


1. Board of apportionment created - Powers and duties.

A Board to be known as "The Board of Apportionment," consisting of the Governor (who shall

be Chairman), the Secretary of State and the Attorney General is hereby created and it shall be its

imperative duty to make apportionment of representatives in accordance with the provisions

hereof; the action of a majority in each instance shall be deemed the action of said board. [As

amended by Const. Amends. 23 and 45.]

2. One hundred members in House of Representatives - Apportionment.

The House of Representatives shall consist of one hundred members and each county existing at

the time of any apportionment shall have at least one representative; the remaining members

shall be equally distributed (as nearly as practicable) among the more populous counties of the

State, in accordance with a ratio to be determined by the population of said counties as shown by

the Federal census next preceding any apportionment hereunder. [As amended by Const.

Amends. 23 and 45.]

3. Senatorial districts - Thirty-five members of Senate.

The Senate shall consist of thirty-five members. Senatorial districts shall at all times consist of

contiguous territory, and no county shall be divided in the formation of such districts. "The

Board of Apportionment" hereby created shall, from time to time, divide the state into

convenient senatorial districts in such manner as that the Senate shall be based upon the

inhabitants of the state, each senator representing, as nearly as practicable, an equal number

thereof; each district shall have at least one senator. [As amended by Const. Amend. 23.]

4. Duties of Board of Apportionment.

On or before February 1 immediately following each Federal census, said board shall reapportion

the State for Representatives, and in each instance said board shall file its report with the

Secretary of State, setting forth (a) the basis of population adopted for representatives; (b) the

number of representatives assigned to each county; whereupon, after 30 days from such filing

date, the apportionment thus made shall become effective unless proceedings for revision be

instituted in the Supreme Court within said period. [As amended by Const. Amends. 23 and 45.]

5. Mandamus to compel Board of Apportionment to act.

Original jurisdiction (to be exercised on application of any citizens and taxpayers) is hereby

vested in the Supreme Court of the State (a) to compel (by mandamus or otherwise) the board to

perform its duties as here directed and (b) to revise any arbitrary action of or abuse of discretion

by the board in making such apportionment; provided any such application for revision shall be

filed with said Court within 30 days after the filing of the report of apportionment by said board

with the Secretary of State; if revised by the court, a certified copy of its judgment shall be by the

clerk thereof forthwith transmitted to the Secretary of State, and thereupon be and become a

substitute for the apportionment made by the board. [As amended by Const. Amends. 23 and 45.]

6. Election of Senators and Representatives.

At the next general election for State and County officers ensuing after any such apportionment,

Representatives shall be elected in accordance therewith, Senators shall be elected henceforth

according to the apportionment now existing, and their respective terms of office shall begin on

January 1 next following. Senators shall be elected for a term of four years at the expiration of

their present terms of office. [As amended by Const. Amends. 23 and 45.]


Article 9.

Exemption.

Section:

1. Personal property exemptions of persons not heads of families.

2. Heads of families - Exempt personal property.

3. Homestead exemption from legal process - Exceptions.

4. Rural homestead - Acreage - Value.

5. Urban homestead - Acreage - Value.

6. Rights of widow and children.

7. Married woman's separate property - Right of disposition - Not liable for debts of husband.

8. Scheduling separate personal property of wife.

9. Exemptions under Constitution of 1868 - Existing obligations.

10. Homestead rights of minor children.


1. Personal property exemptions of persons not heads of families.

The personal property of any resident of this State, who is not married or the head of a family, in

specific articles to be selected by such resident, not exceeding in value the sum of two hundred

dollars, in addition to his or her wearing apparel, shall be exempt from seizure on attachment, or

sale on execution or other process from any court, issued for the collection of any debt by

contract: Provided, That no property shall be exempt from execution for debts contracted for the

purchase money therefor while in the hands of the vendee.

2. Heads of families - Exempt personal property.

The personal property of any resident of this State, who is married or the head of a family, in

specific articles to be selected by such resident, not exceeding in value the sum of five hundred

dollars, in addition to his or her wearing apparel, and that of his or her family, shall be exempt

from seizure on attachment, or sale on execution or other process from any court, on debt by

contract.

3. Homestead exemption from legal process - Exceptions.

The homestead of any resident of this State, who is married or the head of a family, shall not be

subject to the lien of any judgment or decree of any court, or to sale under execution, or other

process thereon, except such as may be rendered for the purchase money, or for specific liens,

laborers' or mechanics' liens for improving the same, or for taxes, or against executors,

administrators, guardians, receivers, attorneys for moneys collected by them, and other trustees

of an express trust, for moneys due from them in their fiduciary capacity.

Rural homestead - Acreage - Value.

The homestead outside any city, town or village, owned and occupied as a residence, shall

consist of not exceeding one hundred and sixty acres of land, with the improvements thereon, to

be selected by the owner; Provided, The same shall not exceed in value the sum of twenty-five

hundred dollars, and in no event shall the homestead be reduced to less than eighty acres, without

regard to value.

5. Urban homestead - Acreage - Value.

The homestead in any city, town or village, owned and occupied as a residence, shall consist of

not exceeding one acre of land, with the improvements thereon, to be selected by the owner;

provided, the same shall not exceed in value the sum of two thousand five hundred dollars, and

in no event shall such homestead be reduced to less than one-quarter of an acre of land, without

regard to value.

6. Rights of widow and children.

If the owner of a homestead die, leaving a widow, but no children, and said widow has no

separate homestead in her own right, the same shall be exempt, and the rents and profits thereof

shall vest in her during her natural life; Provided, That if the owner leaves children, one or more,

said child or children shall share with said widow, and be entitled to half the rents and profits till

each of them arrives at twenty-one years of age - each child's rights to cease at twenty-one years

of age - and the shares to go to the younger children; and then all to go to the widow; and,

provided, that said widow or children may reside on the homestead or not. And in case of the

death of the widow, all of said homestead shall be vested in the minor children of the testator or

intestate.

7. Married woman's separate property - Right of disposition - Not liable for debts of

husband.

The real and personal property of any femme covert in this State, acquired either before or after

marriage, whether by gift, grant, inheritance, devise or otherwise, shall, so long as she may

choose, be and remain her separate estate and property, and may be devised, bequeathed or

conveyed by her the same as if she were a femme sole; and the same shall not be subject to the

debts of her husband.

8. Scheduling separate personal property of wife.

The General Assembly shall provide for the time and mode of scheduling the separate personal

property of married women.

9. Exemptions under Constitution of 1868 - Existing obligations.

The exemptions contained in the Constitution of 1868 shall apply to all debts contracted since

the adoption thereof, and prior to the adoption of this Constitution.

10. Homestead rights of minor children.

The homestead provided for in this article shall inure to the benefit of the minor children, under

the exemptions herein provided, after the decease of the parents.


Article 10.

Agriculture, Mining and Manufacture.

Section:

1. Mining, manufacturing and agricultural bureau - State aid.

2. State geologist - Creation of office - Appointment and removal.

3. Exemption of mines and manufactures from taxation.


1. Mining, manufacturing and agricultural bureau - State aid.

The General Assembly shall pass such laws as will foster and aid the agricultural, mining and

manufacturing interests of the State, and may create a bureau, to be known as the Mining,

Manufacturing and Agricultural Bureau.

2. State geologist - Creation of office - Appointment and removal.

The General Assembly, when deemed expedient, may create the office of State Geologist, to be

appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his

office for such time, and perform such duties, and receive such compensation as may be

prescribed by law; Provided: That he shall be at all times subject to removal by the Governor, for

incompetency or gross neglect of duty.

3. Exemption of mines and manufactures from taxation.

The General Assembly may, by general law, exempt from taxation for the term of seven years

from the ratification of this Constitution, the capital invested in any or all kinds of mining and

manufacturing business in this State, under such regulations and restrictions as may be

prescribed by law.


Article 11.

Militia.

Section:

1. Persons liable to military duty.

2. Volunteer companies.

3. Privilege of members from arrest.

4. Authority to call out volunteers or militia.


1. Persons liable to military duty.

The militia shall consist of all able-bodied male persons, residents of the State, between the ages

of eighteen and forty-five years; except such as may be exempted by the laws of the United

States, or this State; and shall be organized, officered, armed and equipped and trained in such

manner as may be provided by law.

2. Volunteer companies.

Volunteer Companies of Infantry, Cavalry or Artillery may be formed in such manner and with

such restrictions as may be provided by law.

3. Privilege of members from arrest.

The volunteer and militia forces shall in all cases (except treason, felony and breach of the

peace) be privileged from arrest during their attendance at muster and the election of officers,

and in going to and returning from the same.

4. Authority to call out volunteers or militia.

The Governor shall, when the General Assembly is not in session, have power to call out the

Volunteers or Militia, or both, to execute the laws, repel invasion, repress insurrection and

preserve the public peace; in such manner as may be authorized by law.


Article 12.

Municipal and Private Corporations.

Section:

1. Revocation of certain charters.

2. Special acts prohibited - Exception.

3. Cities and towns - Organization under general laws.

4. Limitation on legislative and taxing power - Local bond issues.

5. Political subdivisions not to become stockholders in or lend credit to private corporations.

6. General incorporation laws - Charters - Revocation.

7. State not to be stockholder.

8. Private corporations - Issuance of stocks or bonds - Conditions and restrictions.

9. Taking of property by corporation - Compensation.

10. Issue of circulating paper.

11. Foreign corporations doing business in state.

12. State not to assume liabilities of political subdivisions or private corporations - Indebtedness

to state - Release.


1. Revocation of certain charters.

All existing charters or grants of special or exclusive privileges, under a bona fide organization

shall not have taken place, and business been commenced in good faith, at the time of the

adoption of this Constitution, shall thereafter have no validity.

2. Special acts prohibited - Exception.

The General Assembly shall pass no special act conferring corporate powers, except for

charitable, educational, penal or reformatory purposes, where the corporations created are to be

and remain under the patronage and control of the state.

3. Cities and towns - Organization under general laws.

The General Assembly shall provide, by general laws, for the organization of cities (which may

be classified) and incorporated towns; and restrict their power of taxation, assessment, borrowing

money and contracting debts, so as to prevent the abuse of such power.

4. Limitation on legislative and taxing power - Local bond issues.

No municipal corporation shall be authorized to pass any laws contrary to the general laws of the

state; nor levy any tax on real or personal property to a greater extent, in one year, than five mills

on the dollar of the assessed value of the same; Provided: That, to pay indebtedness existing at

the time of the adoption of this Constitution, an additional tax of not more than five mills on the

dollar, may be levied.

The fiscal affairs of counties, cities and incorporated towns shall be conducted on a sound

financial basis, and no county court or levying board or agent of any county shall make or

authorize any contract or make any allowance for any purpose whatsoever in excess of the

revenue from all sources for the fiscal year in which said contract or allowance is made; nor shall

any county judge, county clerk, or other county officer, sign or issue any scrip warrant or make

any allowance in excess of the revenue from all sources for the current fiscal year; nor shall any

city council, board of aldermen, board of public affairs, or commissioners, of any city of the first

or second class, or any incorporated town, enter into any contract or make any allowance for any

purpose whatsoever, or authorize the issuance of any contract or warrants, scrip or other

evidences of indebtedness in excess of the revenue for such city or town for the current fiscal

year; nor shall any mayor, city clerk, or recorder, or any other officer or officers, however

designated, of any city of the first or second class or incorporated town sign or issue scrip,

warrant or other certificate of indebtedness of excess of the revenue from all sources for the

current fiscal year.

Provided, however, to secure funds to pay indebtedness outstanding at the time of the adoption

of this amendment, counties, cities, and incorporated towns may issue interest bearing

certificates of indebtedness or bonds with interest coupons for the payment of which a county or

city tax, in addition to that now authorized, not exceeding three mills may be levied for the time

as provided by law until such indebtedness is paid.

Where the annual report of any city or county in the State of Arkansas shows that scrip, warrants

or other certificate of indebtedness had been issued in excess of the total revenue for that year,

the officer or officers of the county or city or incorporated town who authorized, signed or issued

such scrip, warrants or other certificates of indebtedness shall be deemed guilty of a

misdemeanor and upon conviction thereof, shall be fined in any sum not less than five hundred

dollars nor more than ten thousand dollars, and shall be removed from office. [As amended by

Const. Amend. 10.]

5. Political subdivisions not to become stockholders in or lend credit to private

corporations.

No county, city, town or other municipal corporation, shall become a stockholder in any

company, association, or corporation; or obtain or appropriate money for, or loan its credit to,

any corporation, association, institution or individual.

6. General incorporation laws - Charters - Revocation.

Corporations may be formed under general laws; which laws may, from time to time, be altered

or repealed. The General Assembly shall have the power to alter, revoke or annul any charter of

incorporation now existing and revocable at the adoption of this Constitution, or any that may

hereafter be created, whenever, in their opinion, it may be injurious to the citizens of this State;

in such manner, however, that no injustice shall be done to the corporators.

7. State not to be stockholder.

Except as herein provided, the State shall never become a stockholder in, or subscribe to, or be

interested in the stock of any corporation or association.

8. Private corporations - Issuance of stocks or bonds - Conditions and restrictions.

No private corporation shall issue stocks or bonds, except for money or property actually

received, or labor done; and all fictitious increase of stock or indebtedness shall be void; nor

shall the stock or bonded indebtedness of any private corporation be increased, except in

pursuance of general laws; nor until the consent of the persons holding the larger amount, in

value, of stock, shall be obtained at a meeting held after notice given, for a period not less than

sixty days, in pursuance of law.

9. Taking of property by corporation - Compensation.

No property, nor right of way, shall be appropriated to the use of any corporation, until full

compensation therefor shall be first made to the owner, in money; or first secured to him by a

deposit of money; which compensation, irrespective of any benefit from any improvement

proposed by such corporation, shall be ascertained by a jury of twelve men, in a court of

competent jurisdiction, as shall be prescribed by law.

10. Issue of circulating paper.

No act of the General Assembly shall be passed authorizing the issue of bills, notes, or other

paper which may circulate as money.

11. Foreign corporations doing business in state.

Foreign corporations may be authorized to do business in this State, under such limitations and

restrictions as may be prescribed by law; Provided: That no such corporation shall do any

business in this State, except while it maintains therein one or more known places of business,

and an authorized agent or agents in the same, upon whom process may be served; and, as to

contracts made or business done in this State, they shall be subject to the same regulations,

limitations and liabilities as like corporations of this State; and shall exercise no other or greater

powers, privileges or franchises than may be exercised by like corporations of this State; nor

shall they have power to condemn or appropriate private property.

12. State not to assume liabilities of political subdivisions or private corporations -

Indebtedness to state - Release.

Except as herein otherwise provided, the State shall never assume, or pay the debt or liability of

any county, town, city or other corporation whatever; or any part thereof; unless such debt or

liability shall have been created to repel invasion, suppress insurrection, or to provide for the

public welfare and defense. Nor shall the indebtedness of any corporation to the State, ever be

released, or in any manner discharged, save by payment into the public treasury.


Article 13.

Counties, County Seats and County Lines.

Section:

1. Size of counties - Exceptions.

2. Consent of voters to change of county lines.

3. Change of county seats - Conditions - New counties.

4. Lines of new counties - Distance from county seat of adjoining county - Exception.

5. Sebastian County - Districts.


1. Size of counties - Exceptions.

No county now established shall be reduced to an area of less than six hundred square miles, nor

to less than five thousand inhabitants: nor shall any new county be established with less than six

hundred square miles and five thousand inhabitants: Provided, that this section shall not apply

to the counties of Lafayette, Pope and Johnson, nor be so construed as to prevent the General

Assembly from changing the line between the counties of Pope and Johnson.

2. Consent of voters to change of county lines.

No part of a county shall be taken off to form a new county, or a part thereof, without the consent

of a majority of the voters in such part proposed to be taken off.

3. Change of county seats - Conditions - New counties.

No county seat shall be established or changed without the consent of a majority of the qualified

voters of the county to be affected by such change, nor until the place at which it is proposed to

establish or change such county seat shall be fully designated: Provided, That in formation of

new counties, the county seat may be located temporarily by provisions of law.

4. Lines of new counties - Distance from county seat of adjoining county - Exception.

In the formation of new counties no line thereof shall run within ten miles of the county seat of

the county proposed to be divided, except the county seat of Lafayette County.

5. Sebastian County - Districts.

Sebastian County may have two districts and two county seats, at which county, probate and

circuit courts shall be held as may be provided by law, each district paying its own expenses.


Article 14.

Education.

Section:

1. Free school system.

2. School fund - Use - Purposes.

3. School tax - Budget - Approval of tax rate (Const., Art. 14, § 3, as amended by Const.

Amend. 11, Const. Amend. 40, amended, and Const. Amend. 74).

4. Supervision of schools.


1. Free school system.

Intelligence and virtue being the safeguards of liberty and the bulwark of a free and good

government, the State shall ever maintain a general, suitable and efficient system of free public

schools and shall adopt all suitable means to secure to the people the advantages and

opportunities of education. The specific intention of this amendment is to authorize that in

addition to existing constitutional or statutory provisions the General Assembly and/or public

school districts may spend public funds for the education of persons over twenty-one (21) years

of age and under six (6) years of age, as may be provided by law, and no other interpretation

shall be given to it. [As amended by Const. Amend. 53.]

2. School fund - Use - Purposes.

No money or property belonging to the public school fund, or to this State, for the benefit of

schools or universities, shall ever be used for any other than for the respective purposes to which

it belongs.

3. School tax - Budget - Approval of tax rate (Const., Art. 14, § 3, as amended by Const.

Amend. 11, Const. Amend. 40, amended, and Const. Amend. 74).

(a) The General Assembly shall provide for the support of common schools by general law. In

order to provide quality education, it is the goal of this state to provide a fair system for the

distribution of funds. It is recognized that, in providing such a system, some funding variations

may be necessary. The primary reason for allowing such variations is to allow school districts, to

the extent permissible, to raise additional funds to enhance the educational system within the

school district. It is further recognized that funding variations or restrictions thereon may be

necessary in order to comply with, or due to, other provisions of this Constitution, the United

States Constitution, state or federal laws, or court orders.

(b)(1) There is established a uniform rate of ad valorem property tax of twenty-five (25) mills to

be levied on the assessed value of all taxable real, personal, and utility property in the state to be

used solely for maintenance and operation of the schools.

(2) Except as provided in this subsection the uniform rate of tax shall not be an additional levy

for maintenance and operation of the schools but shall replace a portion of the existing rate of tax

levied by each school district available for maintenance and operation of schools in the school

district. The rate of tax available for maintenance and operation levied by each school district on

the effective date of this amendment shall be reduced to reflect the levy of the uniform rate of

tax. If the rate of tax available for maintenance and operation levied by a school district on the

effective date of this amendment exceeds the uniform rate of tax, the excess rate of tax shall

continue to be levied by the school district until changed as provided in subsection (c)(1). If the

rate of tax available for maintenance and operation levied by a school district on the effective

date of this amendment is less than the uniform rate of tax, the uniform rate of tax shall

nevertheless be levied in the district.

(3) The uniform rate of tax shall be assessed and collected in the same manner as other school

property taxes, but the net revenues from the uniform rate of tax shall be remitted to the State

Treasurer and distributed by the state to the school districts as provided by law. No portion of the

revenues from the uniform rate of tax shall be retained by the state. The revenues so distributed

shall be used by the school districts solely for maintenance and operation of schools.

(4) The General Assembly may by law propose an increase or decrease in the uniform rate of tax

and submit the question to the electors of the state at the next general election. If a majority of

the electors of the state voting on the issue vote

For the proposed increase or decrease in the

uniform rate of tax, the uniform rate of tax shall be increased or decreased as approved. If a

majority of the electors of the state voting on the issue vote

Against the proposed increase or

decrease in the uniform rate of tax, the uniform rate of tax shall continue to be levied at the rate

for the year in which the election is held.

(c)(1) In addition to the uniform rate of tax provided in subsection (b), school districts are

authorized to levy, by a vote of the qualified electors respectively thereof, an annual ad valorem

property tax on the assessed value of taxable real, personal, and utility property for the

maintenance and operation of schools and the retirement of indebtedness. The Board of Directors

of each school district shall prepare, approve and make public not less than sixty (60) days in

advance of the annual school election a proposed budget of expenditures deemed necessary to

provide for the foregoing purposes, together with a rate of tax levy sufficient to provide the funds

therefor, including the rate under any continuing levy for the retirement of indebtedness. The

Board of Directors shall submit the tax at the annual school election or at such other time as may

be provided by law. If a majority of the qualified voters in the school district voting in the school

election approve the rate of tax proposed by the Board of Directors, then the tax at the rate

approved shall be collected as provided by law. In the event a majority of the qualified electors

voting in the school election disapprove the proposed rate of tax, then the tax shall be collected at

the rate approved in the last preceding school election. However, if the rate last approved has

been modified pursuant to subsection (b) or (c)(2) of this section, then the tax shall be collected

at the modified rate until another rate is approved.

(2) The tax levied by a school district pursuant to subsection (c)(1) of this section may be

reduced pursuant to procedures provided by law if the tax would cause the state or district to be

out of compliance with any other provision of this Constitution, the United States Constitution,

state or federal law, or court order.

(3) No tax levied pursuant to subsection (c)(1) of this section shall be appropriated to any other

district than that for which it is levied.

(d) For the purposes of this section, "maintenance and operation" means such expenses for the

general maintenance and operation of schools as may be defined by law. [As amended by Const.

Amends 11, 40 and 74.]

4. Supervision of schools.

The supervision of public schools, and the execution of the laws regulating the same, shall be

vested in and confided to, such officers as may be provided for by the General Assembly.


Article 15.

Impeachment and Address.

Section:

1. Officers subject to impeachment - Grounds.

2. Impeachment by House - Trial by Senate - Presiding officer.

3. Officers removable by Governor upon address.


1. Officers subject to impeachment - Grounds.

The Governor and all State officers, Judges of the Supreme and Circuit Courts, Chancellors and

Prosecuting Attorneys, shall be liable to impeachment for high crimes and misdemeanors, and

gross misconduct in office; but the judgment shall go no further than removal from office and

disqualification to hold any office of honor, trust or profit under this State. An impeachment,

whether successful or not, shall be no bar to an indictment.

2. Impeachment by House - Trial by Senate - Presiding officer.

The House of Representatives shall have the sole power of impeachment. All impeachments

shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or

affirmation; no person shall be convicted without the concurrence of two-thirds of the members

thereof. The Chief Justice shall preside, unless he is impeached or otherwise disqualified, when

the Senate shall select a presiding officer.

3. Officers removable by Governor upon address.

The governor, upon the joint address of two-thirds of all the members elected to each House of

the General Assembly, for good cause, may remove the Auditor, Treasurer, Secretary of State,

Attorney-General, Judges of the Supreme and Circuit Courts, Chancellors and Prosecuting

Attorneys.


Article 16.

Finance and Taxation.

Section:

1. Lending credit - Bond issues - Interest-bearing warrants.

2. Debts of state - Payment.

3. Making profit out of or misusing public funds - Penalty.

4. Salaries and fees of state officers.

5. Property taxed according to value - Procedures for valuation - Tax exemptions.

6. Other tax exemptions forbidden.

7. Taxation of corporate property.

8. Maximum rate of state taxes.

9. County taxes - Limitation.

10. Payment of county and municipal taxes.

11. Levy and appropriation of taxes.

12. Disbursement of funds - Appropriation required.

13. Illegal exactions.

14. Procedure for adjustment of taxes after reappraisal or reassessment of property.

15. Assessment of residential property and agricultural, pasture, timber, residential and

commercial land.

16. Providing for exemption of value of residence of person 65 or over.


1. Lending credit - Bond issues - Interest-bearing warrants.

Neither the State nor any city, county, town or other municipality in this State shall ever lend its

credit for any purpose whatever; nor shall any county, city or town or municipality ever issue

any interest bearing evidences of indebtedness, except such bonds as may be authorized by law

to provide for and secure the payment of the indebtedness existing at the time of the adoption of

the Constitution of 1874, and the State shall never issue any interest-bearing treasury warrants or

scrip. [As amended in 1918.]

2. Debts of state - Payment.

The General Assembly shall, from time to time, provide for the payment of all just and legal

debts of the State.

3. Making profit out of or misusing public funds - Penalty.

The making of profit out of public moneys, or using the same for any purpose not authorized by

law, by any officer of the State, or member or officer of the General Assembly, shall be

punishable as may be provided by law, but part of such punishment shall be disqualification to

hold office in this State for a period of five years.

4. Salaries and fees of state officers.

The General Assembly shall fix the salaries and fees of all officers in the State; and no greater

salary or fee than that fixed by law shall be paid to any officer, employee or other person, or at

any rate other than par value; and the number and salaries of the clerks and employees of the

different departments of the State shall be fixed by law.

5. Property taxed according to value - Procedures for valuation - Tax exemptions.

(a) All real and tangible personal property subject to taxation shall be taxed according to its

value, that value to be ascertained in such manner as the General Assembly shall direct, making

the same equal and uniform throughout the State. No one species of property for which a tax may

be collected shall be taxed higher than another species of property of equal value, except as

provided and authorized in Section 15 of this Article, and except as authorized in Section 14 of

this Article. The General Assembly, upon the approval thereof by a vote of not less than threefourths

(3/4ths) of the members elected to each house, may establish the methods and procedures

for valuation of property for taxation purposes, but may not alter the method of valuation set

forth in Section 15 of this Article.

(b) The following property shall be exempt from taxation: public property used exclusively for

public purposes; churches used as such; cemeteries used exclusively as such; school buildings

and apparatus; libraries and grounds used exclusively for school purposes; and buildings and

grounds and materials used exclusively for public charity.

Nothing in this Section shall affect or repeal the provision of Amendment 57 to the Constitution

of the State of Arkansas pertaining to intangible personal property. [Added by Const. Amend.

59.]

6. Other tax exemptions forbidden.

All laws exempting property from taxation, other than as provided in this Constitution shall be

void.

7. Taxation of corporate property.

The power to tax corporations and corporate property, shall not be surrendered or suspended by

any contract or grant to which the State may be a party.

8. Maximum rate of state taxes.

The General Assembly shall not have power to levy State taxes for any one year to exceed, in the

aggregate, one per cent of the assessed valuation of the property of the State for that year.

9. County taxes - Limitation.

No county shall levy a tax to exceed one-half of one per cent., for all purposes; but may levy an

additional one-half of one per cent. to pay indebtedness existing at the time of the ratification of

this Constitution.

10. Payment of county and municipal taxes.

The taxes of counties, towns and cities shall only be payable in lawful currency of the United

States, or the orders or warrants of said counties, towns and cities respectively.

11. Levy and appropriation of taxes.

No tax shall be levied except in pursuance of law, and every law imposing a tax shall state

distinctly the object of the same; and no moneys arising from a tax levied for any purpose shall

be used for any other purpose.

12. Disbursement of funds - Appropriation required.

No money shall be paid out of the treasury until the same shall have been appropriated by law;

and then only in accordance with said appropriation.

13. Illegal exactions.

Any citizen of any county, city or town may institute suit, in behalf of himself and all others

interested, to protect the inhabitants thereof against the enforcement of any illegal exactions

whatever.

14. Procedure for adjustment of taxes after reappraisal or reassessment of property.

(a) Whenever a countywide reappraisal or reassessment of property subject to ad valorem taxes

made in accordance with procedures established by the General Assembly shall result in an

increase in the aggregate value of taxable real and personal property in any taxing unit in this

State of ten percent (10%) or more over the previous year the rate of city or town, county, school

district, and community college district taxes levied against the taxable real and personal

property of each such taxing unit shall, upon completion of such reappraisal or reassessment, be

adjusted or rolled back, by the governing body of the taxing unit, for the year for which levied as

provided below. The General Assembly shall, by law, establish the procedures to be followed by

a county in making a countywide reappraisal or reassessment of property which will, upon

completion, authorize the adjustment or rollback of property tax rates or millage, as authorized

hereinabove. The adjustment or rollback of tax rates or millage for the "base year" as hereinafter

defined shall be designed to assure that each taxing unit will receive an amount of tax revenue

from each tax source no greater than ten percent (10%) above the revenues received during the

previous year from each such tax source, adjusted for any lawful tax or millage rate increase or

reduction imposed in the manner provided by law for the year for which the tax adjustment or

rollback is to be made, and after making the following additional adjustments:

(i) by excluding from such calculation the assessed value of, and taxes derived from, tangible

personal property assessed in the taxing unit, and all real and tangible personal property of public

utilities and regulated carriers assessed in the taxing unit, and

(ii) by computing the adjusted or rollback millage rates on the basis of the reassessed taxable

real property for the base year that will produce an amount of revenue no greater than ten percent

(10%) above the revenues produced from the assessed value of real property in the taxing unit

(after making the aforementioned adjustments for personal properties and properties of public

utilities and regulated carriers noted above) from millage rates in effect in the taxing unit during

the base year in which the millage adjustment or rollback is to be calculated. Provided, further,

that in calculating the amount of adjusted or rollback millage necessary to produce tax revenues

no greater than ten percent (10%) above the revenues received during the previous year, the

governing body shall separate from the assessed value of taxable real property of the taxing unit,

newly-discovered real property and new construction and improvements to real property, after

making the adjustments for personal property or property of public utilities and regulated carriers

noted above, and shall compute the millage necessary to produce an amount of revenues equal

to, but no greater than the base year revenues of the taxing unit from each millage source. Such

taxing unit may elect either to obtain an increase in revenues equal to the amount of revenues

that the computed or adjusted rollback millage will produce from newly-discovered real property

and new construction and improvements to real property, or if the same be less than ten percent

(10%), the governing body of the taxing unit may recompute the millage rate to be charged to

produce an amount no greater than ten percent (10%) above the revenues collected for taxable

real property during the base year.

Provided, however, that the amount of revenues to be derived from taxable personal property

assessed in the taxing unit for the base year, other than personal property taxes to be paid by

public utilities and regulated carriers in the manner provided hereinabove, shall be computed at

the millage necessary to produce the same dollar amount of revenues derived during the current

year in which the base year adjustment or rollback of millage is computed, and the millage

necessary to produce the amount of revenues received from personal property taxes received by

the taxing unit, for the base year shall be reduced annually as the assessed value of taxable

personal property increases until the amount of revenues from personal property taxes, computed

on the basis of the current year millage rates will produce an amount of revenues from taxable

personal property equal to or greater than received during the base year, and thereafter the

millage rates for computing personal property taxes shall be the millage rates levied for the

current year.

Provided, however, that the taxes to be paid by public utilities and regulated carriers in the

respective taxing units of the several counties of this State during the first five (5) calendar years

in which taxes are levied on the taxable real and personal property as reassessed and equalized in

each of the respective counties as a part of a statewide reappraisal program, shall be the greater

of the following:

(1) the amount of taxes paid on property owned by such public utilities or regulated carriers in

or assigned to such taxing unit, less adjustments for properties disposed of or reductions in the

assessed valuation of such properties in the base year as defined below, or

(2) the amount of taxes due on the assessed valuation of taxable real and tangible personal

property belonging to the public utilities or regulated carriers located in or assigned to the taxing

unit in each county at millage rates levied for the current year.

As used herein, the term "base year" shall mean the year in which a county completes

reassessment and equalization of taxable real and personal property as a part of a statewide

reappraisal program, and extends the adjusted or rolled back millage rates for the first time, as

provided in subsection (a) of this Section, for the respective taxing units in such county for

collection in the following year.

(i) in the event the amount of taxes paid the taxing unit in a county in the base year, as defined

herein, is greater than the taxes due to be paid to such taxing unit for the current year of any year

of the second (2nd) period of five (5) years after the base year, the difference between the base

year taxes and the current year taxes for any year of such five (5) year period shall be adjusted as

follows:

Current year of Taxes shall be current year taxes

second period of (5) to which shall be added the

following percentage of the

years difference between the current

year taxes and the base year taxes

(if greater than current year taxes)

1st year 80% of difference

2nd year 60% of difference

3rd year 40% of difference

4th year 20% of difference

5th year and thereafter Current years taxes only.

(ii) if the current year taxes of a public utility or regulated carrier equal or exceed the base years

taxes due a taxing unit during any year of the first ten (10) years after the base year, the amount

of taxes to be paid to such taxing unit shall thereafter be the current years taxes and the

adjustment authorized herein shall no longer apply in computing taxes to be paid to such taxing

unit.

Provided, that in the event the aforementioned requirement for payment of taxes by public

utilities and regulated carriers, or any class of utilities or carriers for the ten (10) year period

noted above, shall be held by court decision to be contrary to the constitution or statutes of this

State or of the Federal Government, the General Assembly may provide for other utilities or

classes of carriers to receive the same treatment provided or required under the court order, if

deemed necessary to promote equity between similar utilities or classes of carriers.

(b) The General Assembly shall, by law, provide for procedures to be followed with respect to

adjusting ad valorem taxes or millage pledged for bonded indebtedness purposes, to assure that

the adjusted or rolled-back rate of tax or millage levied for bonded indebtedness purposes will, at

all times, provide a level of income sufficient to meet the current requirements of all principal,

interest, paying agent fees, reserves, and other requirements of the bond indenture. [Added by

Const. Amend. 59.]

15. Assessment of residential property and agricultural, pasture, timber, residential and

commercial land.

(a) Residential property used solely as the principal place of residence of the owner thereof

shall be assessed in accordance with its value as a residence, so long as said property is used as

the principal place of residence of the owner thereof, and shall not be assessed in accordance

with some other method of valuation until said property ceases to be used for such residential

purpose.

(b) Agricultural land, pasture land, timber land, residential and commercial land, excluding

structures thereon, used primarily as such, shall be valued for taxation purposes under the

provisions of Section 5 of this Article, upon the basis of its agricultural, pasture, timber,

residential, or commercial productivity or use, and when so valued, such land shall be assessed at

the same percentum of value and taxed at the same rate as other property subject to ad valorem

taxes.

(c) The General Assembly shall enact laws providing for the administration and enforement of

this Section and for the imposition of penalties for violations of this Section, or statutes enacted

pursuant thereto. [Added by Const. Amend. 59.]

16. Providing for exemption of value of residence of person 65 or over.

The General Assembly, upon approval thereof by a vote of not less than three-fourths (3/4ths) of

the members elected to each house, may provide that the valuation of real property actually

occupied by its owner as a residence who is sixty-five (65) years of age, or older, may be exempt

in such amount as may be determined by law, but no greater than the first Twenty Thousand

Dollars ($20,000) in value thereof, as a homestead from ad valorem property taxes. [Added by

Const. Amend. 59.]


Article 17.

Railroads, Canals and Turnpikes.

Section:

1. Common carriers - Construction of railroads.

2. Offices of common carriers.

3. Equal right to transportation.

4. Parallel or competing lines.

5. Officers, agents and employees of carrier - Personal interest in contracts prohibited.

6. Discrimination by carriers.

7. Free passes.

8. Condition of remission of forfeitures.

9. Right of eminent domain.

10. Regulation of carriers.

11. Movable property of carriers subject to execution.

12. Damages by railroads to persons and property - Liability.

13. Annual reports of railroads.


1. Common carriers - Construction of railroads.

All railroads, canals and turnpikes shall be public highways, and all railroads and canal

companies shall be common carriers. Any association or corporation, organized for the purpose,

shall have the right to construct and operate a railroad between any points within this State, and

to connect at the State line with railroads of other States. Every railroad company shall have the

right with its road to intersect, connect with, or cross any other road, and shall receive and

transport each the other's passengers, tonnage and cars, loaded or empty, without delay or

discrimination.

2. Offices of common carriers.

Every railroad, canal or turnpike corporation operated, or partly operated in this State, shall

maintain one office therein, where transfers of its stock shall be made and where its books shall

be kept for inspection by any stockholder or creditor of such corporation; in which shall be

recorded the amount of capital stock subscribed or paid in, and the amounts owned by them

respectively, the transfer of said stock, and the names and places of residence of the officers.

3. Equal right to transportation.

All individuals, associations and corporations shall have equal right to have persons and property

transported over railroads, canals and turnpikes; and no undue or unreasonable discrimination

shall be made in charges for, or in facilities for transportation of freight or passengers within the

State, or coming from, or going to any other State. Persons and property transported over any

railroad shall be delivered at any station at charges not exceeding the charges for transportation

of persons and property of the same class, in the same direction, to any more distant station. But

excursion and commutation tickets may be issued at special rates.

4. Parallel or competing lines.

No railroad, canal or other corporation, or the lessees, purchasers or managers of any railroad,

canal or corporation shall consolidate the stock, property or franchises of such corporation with,

or lease, or purchase the works or franchises of, or in any way control any other railroad or canal

corporation owning or having under its control a parallel or competing line, nor shall any officer

of such railroad or canal corporation act as an officer of any other railroad or canal corporation

owning or having control of a parallel or competing line; and the question whether railroads or

canals are parallel or competing lines shall, when demanded by the party complainant, be

decided by a jury as in other civil issues.

5. Officers, agents and employees of carrier - Personal interest in contracts prohibited.

No president, director, officer, agent or employee of any railroad or canal company, shall be

interested, directly or indirectly, in the furnishing of material or supplies to such company, or in

the business of transportation as a common carrier of freight or passengers over the works

owned, leased, controlled or worked by such company. Nor in any arrangement which shall

afford more advantageous terms, or greater facilities than are offered or accorded to the public.

And all contracts and arrangements in violation of this section shall be void.

6. Discrimination by carriers.

No discrimination in charges, or facilities for transportation, shall be made between

transportation companies and individuals, or in favor of either by abatement, drawback or

otherwise; and no railroad or canal company, or any lessee, manager or employee thereof shall

make any preferences in furnishing cars or motive power.

7. Free passes.

The General Assembly shall prevent by law the granting of free passes by any railroad or

transportation company to any officer of this State, legislative, executive or judicial.

8. Condition of remission of forfeitures.

The General Assembly shall not remit the forfeiture of the charter of any corporation now

existing, or alter or amend the same, or pass any general or special law for the benefit of such

corporation, except on condition that such corporation shall thereafter hold its charter subject to

the provisions of this Constitution.

9. Right of eminent domain.

The exercise of the right of eminent domain shall never be abridged or so construed as to prevent

the General Assembly from taking the property and franchises of incorporated companies, and

subjecting them to public - use the same as the property of individuals.

10. Regulation of carriers.

The General Assembly shall pass laws to correct abuses and prevent unjust discrimination and

excessive charges by railroads, canals and turn-pike companies for transporting freight and

passengers, and shall provide for enforcing such laws by adequate penalties and forfeitures, and

shall provide for the creation of such offices and commissions and vest in them such authority as

shall be necessary to carry into effect the powers hereby conferred. [As amended by Const.

Amend. 2.]

11. Movable property of carriers subject to execution.

That rolling stock and all other movable property belonging to any railroad company or

corporation in this State shall be considered personal property, and shall be liable to execution

and sale, in the same manner as the personal property of individuals, and the General Assembly

shall pass no law exempting any such property from execution and sale.

12. Damages by railroads to persons and property - Liability.

All railroads, which are now, or may be hereafter built, and operated either in whole or in part, in

this State, shall be responsible for all damages to persons and property, under such regulations as

may be prescribed by the General Assembly.

13. Annual reports of railroads.

The directors of every railroad corporation shall annually make a report under oath to the

Auditor of Public Accounts, of all of their acts and doings, which reports shall include such

matters relating to railroads as may be prescribed by law, and the General Assembly shall pass

laws enforcing, by suitable penalties, the provisions of this section.


Article 18.

Judicial Circuits.

Judicial Circuits

Until otherwise provided by the General Assembly, the Judicial Circuits shall be composed of

the following counties:

First - Phillips, Lee, St. Francis, Prairie, Woodruff, White and Monroe.

Second - Mississippi, Crittenden, Cross, Poinsett, Craighead, Greene, Clayton and Randolph.

Third - Jackson, Independence, Lawrence, Sharp, Fulton, Izard, Stone and Baxter.

Fourth - Marion, Boone, Searcy, Newton, Madison, Carroll, Benton and Washington.

Fifth - Pope, Johnson, Franklin, Crawford, Sebastian, Sarber and Yell.

Sixth - Lonoke, Pulaski, Van Buren and Faulkner.

Seventh - Grant, Hot Springs, Garland, Perry, Saline and Conway.

Eighth - Scott, Montgomery, Polk, Howard, Sevier, Little River, Pike and Clark.

Ninth - Hempstead, Lafayette, Nevada, Columbia, Union, Ouachita and Calhoun.

Tenth - Chicot, Drew, Ashley, Bradley, Dorsey and Dallas.

Eleventh - Desha, Arkansas, Lincoln and Jefferson.

Terms of Courts

Until otherwise provided by the General Assembly, the Circuit Courts shall be begun and held in

the several counties as follows:

First Circuit

White - First Monday in February and August.

Woodruff - Third Monday in February and August.

Prairie - Second Monday after the third Monday in February and August.

Monroe - Sixth Monday after the third Monday in February and August.

St. Francis - Eighth Monday after the third Monday in February and August.

Lee - Tenth Monday after the third Monday in February and August.

Phillips - Twelfth Monday after the third Monday in February and August.

Second Circuit

Mississippi - First Monday in March and September.

Crittenden - Second Monday in March and September.

Cross - Second Monday after the second Monday in March and September.

Poinsett - Third Monday after the second Monday in March and September.

Craighead - Fourth Monday after the second Monday in March and September.

Greene - Sixth Monday after the second Monday in March and September.

Clayton - Seventh Monday after the second Monday in March and September.

Randolph - Ninth Monday after the second Monday in March and September.

Third Circuit

Jackson - First Monday in March and September.

Lawrence - Fourth Monday in March and September.

Sharp - Second Monday after the fourth Monday in March and September.

Fulton - Fourth Monday after the fourth Monday in March and September.

Baxter - Sixth Monday after the fourth Monday in March and September.

Izard - Seventh Monday after the fourth Monday in March and September.

Stone - Ninth Monday after the fourth Monday in March and September.

Independence - Tenth Monday after the fourth Monday in March and September.

Fourth Circuit

Marion - Second Monday in February and August.

Boone - Third Monday in February and August.

Searcy - Second Monday after the third Monday in February and August.

Newton - Third Monday after the third Monday in February and August.

Carroll - Fourth Monday after the third Monday in February and August.

Madison - Fifth Monday after the third Monday in February and August.

Benton - Sixth Monday after the third Monday in February and August.

Washington - Eighth Monday after the third Monday in February and August.

Fifth Circuit

Greenwood District, Sebastian county - Third Monday in February and August.

Fort Smith District, Sebastian county - First Monday after the fourth Monday in February and

August.

Crawford county - Fourth Monday after the fourth Monday in February and August.

Franklin county - Sixth Monday after the fourth Monday in February and August.

Sarber county - Eighth Monday after the fourth Monday in February and August.

Yell county - Tenth Monday after the fourth Monday in February and August.

Pope county - Twelfth Monday after fourth Monday in February and August.

Johnson county - Fourteenth Monday after the fourth Monday in February and August.

Sixth Circuit

In the county of Pulaski on the first Monday in February, and continue twelve weeks if the

business of said court require it.

In the county of Lonoke on the first Monday succeeding the Pulaski Court, and continue two

weeks if the business of said Court require it.

In the county of Faulkner on the first Monday after the Lonoke Court, and continue two weeks if

the business of said Court require it.

In the county of Van Buren on the first Monday after the Faulkner Court, and continue two

weeks if the business of said Court require it.

Fall Term, Sixth Circuit

In the county of Pulaski on the first Monday in October, and continue seven weeks if the

business of said Court require it.

In the county of Lonoke on the first Monday next after the Pulaski Court and continue two weeks

if the business of said court require it.

In the county of Faulkner on the first Monday after the Lonoke Court, and continue one week if

the business of said Court require it.

In the County of Van Buren on the first Monday after the Faulkner Court, and continue one week

if the business of said Court require it.

Seventh Circuit

Hot Spring - Second Monday in March and September.

Grant - Third Monday in March and September.

Saline - Fourth Monday in March and September.

Conway - Second Monday after fourth Monday in March and September.

Perry - Fourth Monday after the fourth Monday in March and September.

Garland - Fifth Monday after the fourth Monday in March and September.

Eighth Circuit

Montgomery - First Monday in February and August.

Scott - First Monday after the first Monday in February and August.

Polk - Second Monday after the first Monday in February and August.

Sevier - Third Monday after the first Monday in February and August.

Little River - Fifth Monday after the first Monday in February and August.

Howard - Seventh Monday after the first Monday in February and August.

Pike - Eighth Monday after the first Monday in February and August.

Clark - Ninth Monday after the first Monday in February and August.

Ninth Circuit

Calhoun - First Monday in March and September.

Union - Second Monday after the first Monday in March and September.

Columbia - Fourth Monday after the first Monday in March and September.

Lafayette - Sixth Monday after the first Monday in March and September.

Hempstead - Eighth Monday after the first Monday in March and September.

Nevada - Eleventh Monday after the first Monday in March and September.

Ouachita - Thirteenth Monday after the first Monday in March and September.

Tenth Circuit

Dorsey - Third Monday in February and August.

Dallas - First Monday in March and September.

Bradley - Second Monday in March and September.

Ashley - Third Monday in March and September.

Drew - Second Monday after the third Monday in March and September.

Chicot - Fourth Monday after the third Monday in March and September.

Eleventh Circuit

In the county of Desha on the first Monday in March and September.

In the county of Arkansas on the fourth Monday in March and September.

In the county of Lincoln on the third Monday after the fourth Monday in March and September.

In the county of Jefferson on the sixth Monday after the fourth Monday in March and September.


Article 19.

Miscellaneous Provisions.

Section:

1. Atheists disqualified from holding office or testifying as witness.

2. Dueling.

3. Elected or appointed officers - Qualifications of an elector required.

4. Residence of officers.

5. Officers - Holding over.

6. Dual office holding prohibited.

7. Residence - Temporary absence not to forfeit.

8. Deduction from salaries.

9. Permanent state offices - Creation restricted.

10. Election returns - State officers.

11. Salaries of state officers - Increase or decrease during term prohibited - Fees.

12. Receipts and expenditures to be published.

13. [Repealed.]

14. Lotteries prohibited.

15. [Repealed.]

16. Contracts for public buildings or bridges.

17. Digest of laws - Publication.

18. Safety of miners and travelers.

19. Deaf and dumb and blind and insane persons.

20. Oath of office.

21. Sureties on official bonds - Qualifications - Bonding companies.

22. Constitutional amendments.

23. [Repealed.]

24. Election contests.

25. Seal of state.

26. Officers eligible to executive or judicial office.

27. Local improvements - Municipal assessments.


1. Atheists disqualified from holding office or testifying as witness.

No person who denies the being of a God shall hold any office in the civil departments of this

State, nor be competent to testify as a witness in any Court.

2. Dueling.

No person who may hereafter fight a duel, assist in the same as second, or send, accept, or

knowingly carry a challenge therefor, shall hold any office in the State, for a period of ten years;

and may be otherwise punished as the law may prescribe.

3. Elected or appointed officers - Qualifications of an elector required.

No persons shall be elected to, or appointed to fill a vacancy in, any office who does not possess

the qualifications of an elector.

4. Residence of officers.

All civil officers for the State at large shall reside within the State, and all district, county and

township officers within their respective districts, counties and townships, and shall keep their

offices at such places therein as are now, or may hereafter be required by law.

5. Officers - Holding over.

All officers shall continue in office after the expiration of their official terms, until their

successors are elected and qualified.

6. Dual office holding prohibited.

No person shall hold or perform the duties of more than one office in the same department of the

government at the same time, except as expressly directed or permitted by this Constitution.

7. Residence - Temporary absence not to forfeit.

Absence on business of the State, or of the United States, or on a visit, or on necessary private

business, shall not cause a forfeiture of residence once obtained.

8. Deduction from salaries.

It shall be the duty of the General Assembly to regulate, by law in what cases, and what,

deductions from the salaries of public officers shall be made for neglect of duty in their official

capacity.

9. Permanent state offices - Creation restricted.

The General Assembly shall have no power to create any permanent State Office, not expressly

provided for by this Constitution.

10. Election returns - State officers.

Returns for all elections, for officers who are to be commissioned by the Governor, and for

members of the General Assembly, except as otherwise provided by this Constitution, shall be

made to the Secretary of State.

11. Salaries of state officers - Increase or decrease during term prohibited - Fees.

The Governor, Secretary of State, Auditor, Treasurer, Attorney-General, Judges of the Supreme

Court, Judges of the Circuit Court, Commissioner of State Lands, and Prosecuting Attorneys,

shall each receive a salary to be established by law, which shall not be increased or diminished

during their respective terms, nor shall any of them, except the Prosecuting Attorneys, after the

adoption of this Constitution, receive to his own use any fees, costs, perquisites of office, or

other compensation; and all fees that may hereafter by payable by law, for any service performed

by any officer mentioned in this section, except Prosecuting Attorneys, shall be paid in advance

into the State Treasury; Provided, That the salaries of the respective officers herein mentioned

shall never exceed per annum:

For Governor, the sum of $4,000

For Secretary of State, the sum of $2,500

For Treasurer of State, the sum of $3,000

For Auditor of State, the sum of $3,000

For Attorney-General, the sum of $2,500

For Commissioner of State Lands, the sum of $2,500

For the Judges of the Supreme Court, each, the sum of $4,000

For Judges of the Circuit Courts, and Chancellors, each, the sum of $3,000

For Prosecuting Attorneys, the sum of $400

And provided further, That the General Assembly shall provide for no increase of salaries of its

members which shall take effect before the meeting of the next General Assembly.

12. Receipts and expenditures to be published.

An accurate and detailed statement of the receipts and expenditures of the public money, the

several amounts paid, to whom and on what account, shall, from time to time, be published as

may be prescribed by law.

13. [Repealed.]

14. Lotteries

(a) The General Assembly may enact laws to establish, operate, and regulate State lotteries.

(b) Lottery proceeds shall be used solely to pay the operating expenses of lotteries,

including all prizes, and to fund or provide for scholarships and grants to citizens of this State

enrolled in public and private non-profit two-year and four-year colleges and universities located

within the State that are certified according to criteria established by the General Assembly. The

General Assembly shall establish criteria to determine who is eligible to receive the scholarships

and grants pursuant to this Amendment.

(c) Lottery proceeds shall not be subject to appropriation by the General Assembly and are

specifically declared to be cash funds held in trust separate and apart from the State treasury to

be managed and maintained by the General Assembly or an agency or department of the State as

determined by the General Assembly.

(d) Lottery proceeds remaining after payment of operating expenses and prizes shall

supplement, not supplant, non-lottery educational resources.

(e) This Amendment does not repeal, supersede, amend or otherwise affect Amendment 84

to the Arkansas Constitution or games of bingo and raffles permitted therein.

(f) Except as herein specifically provided, lotteries and the sale of lottery tickets are

prohibited.

15. [Repealed.]

16. Contracts for public buildings or bridges.

All contracts for erecting or repairing public buildings or bridges in any county, or for materials

therefor; or for providing for the care and keeping of paupers, where there are no alms-houses,

shall be given to the lowest responsible bidder, under such regulations as may be provided by

law.

17. Digest of laws - Publication.

The laws of this State, civil and criminal, shall be revised, digested, arranged, published and

promulgated at such times and in such manner as the General Assembly may direct.

18. Safety of miners and travelers.

The General Assembly, by suitable enactments, shall require such appliances and means to be

provided and used as may be necessary to secure, as far as possible, the lives, health and safety

of persons employed in mining, and of persons traveling upon railroads, and by other public

conveyances, and shall provide for enforcing such enactments by adequate pains and penalties.

19. Deaf and dumb and blind and insane persons.

It shall be the duty of the General Assembly to provide by law for the support of institutions for

the education of the deaf and dumb, and of the blind; and also for the treatment of the insane.

20. Oath of office.

Senators and Representatives, and all judicial and executive, State and county officers, and all

other officers, both civil and military, before entering on the duties of their respective offices,

shall take and subscribe to the following oath of affirmation:

"I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United

States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties

of the office of ________, upon which I am now about to enter."

21. Sureties on official bonds - Qualifications - Bonding companies.

The sureties upon the official bonds of all State Officers shall be residents of, and have sufficient

property within the State, not exempt from sale under execution, attachment or other process of

any court, to make good their bonds and the sureties upon the official bonds of all county officers

shall reside within the counties where such officers reside, and shall have sufficient property

therein, not exempt from such sale, to make good their bonds; provided, however, that any

surety, bonding or guaranty company, organized for the purpose of doing a surety, or bonding

business, and authorized to do business, in this State, may become surety on the bonds of all

State, County and Municipal Officers under such regulations as may be prescribed by law. [As

amended by Const. Amend. 4.]

22. Constitutional amendments.

Either branch of the General Assembly, at a regular session thereof, may propose amendments to

this Constitution; and if the same be agreed to by a majority of all members elected to each

house, such proposed amendments shall be entered on the journals with the yeas and nays, and

published in at least one newspaper in each county, where a newspaper is published, for six

months immediately preceding the next general election for Senators and Representatives, at

which time the same shall be submitted to the electors of the State, for approval or rejection; and

if a majority of the electors voting at such election adopt such amendments, the same shall

become a part of this Constitution. But no more than three amendments shall be proposed or

submitted at the same time. They shall be so submitted as to enable the electors to vote on each

amendment separately.

23. [Repealed.]

24. Election contests.

The General Assembly shall provide by law the mode of contesting elections in cases not

specifically provided for in this Constitution.

25. Seal of state.

The present seal of the State shall be and remain the seal of the State of Arkansas until otherwise

provided by law, and shall be kept and used as provided in this Constitution.

26. Officers eligible to executive or judicial office.

Militia officers, and officers of the public schools, and Notaries may be elected to fill any

executive or judicial office.

27. Local improvements - Municipal assessments.

Nothing in this Constitution shall be so construed as to prohibit the General Assembly from

authorizing assessments on real property for local improvements, in towns and cities, under such

regulations as may be prescribed by law; to be based upon the consent of a majority in value of

the property-holders owning property adjoining the locality to be affected; but such assessments

shall be ad valorem and uniform.


Article 20.

"Holford" Bonds Not to Be Paid.

The General Assembly shall have no power to levy any tax, or make any appropriations, to pay

either the principal or interest, or any part thereof, of any of the following bonds of the State, or

the claims, or pretended claims, upon which they may be based, to-wit: Bonds issued under an

act of the General Assembly of the State of Arkansas, entitled, "An act to provide for the funding

of the public debt of the State," approved April 6th, A. D. 1869, and numbered from four

hundred and ninety-one to eighteen hundred and sixty, inclusive, being the "funding bonds,"

delivered to F. W. Caper, and sometimes called "Holford bonds;" or bonds known as railroad aid

bonds, issued under an act of the General Assembly of the State of Arkansas, entitled, An act to

aid in the construction of railroads, approved July 21, A. D. 1868; or bonds called "levee bonds,"

being bonds issued under an act of the General Assembly of the State of Arkansas, entitled "An

act providing for the building and repairing the public levees of the State, and for other

purposes," approved March 16, A. D. 1869, and the supplemental act thereto, approved April 12,

1869; and the act entitled "An act to amend an act entitled an act providing for the building and

repairing of the public levees of this State," approved March 23, A. D. 1871, and any law

providing for any such tax or appropriation, shall be null and void. [Added by Const. Amend. 1.]


SCHEDULE

1. Retention of existing laws - Sealed instruments.

All laws now in force, which are not in conflict or inconsistent with this Constitution, shall

continue in force until amended or repealed by the General Assembly, and all laws exempting

property from sale on execution, or by decree of a court, which were in force at the time of the

adoption of the Constitution of 1868, shall remain in force with regard to contracts made before

that time. Until otherwise provided by law no distinction shall exist between sealed and unsealed

instruments, concerning contracts between individuals, executed since the adoption of the

Constitution of 1868; Provided: That the statutes of limitation with regard to sealed and unsealed

instruments in force at that time, continue to apply to all instruments afterward executed, and

until altered or repealed.

2. [Repealed.]

3. First general election.

An election shall be held at the several election precincts of every county in the State, on

Tuesday, the thirteenth day of October, 1874, for Governor, Secretary of State, Auditor,

Treasurer, Attorney-General, Commissioner of State Lands, (for two years unless the office is

sooner abolished by the General Assembly), Chancellor, and Clerk of the separate Chancery

court of Pulaski county, Chief Justice and two Associate Justices of the Supreme Court, a Circuit

Judge and Prosecuting Attorney for each Judicial Circuit provided for in this Constitution;

Senators and Representatives to the General Assembly, all county and township officers

provided for in this Constitution; and also for the submission of this Constitution to the qualified

electors of the State, for its adoption or rejection.

4. Qualifications of voters.

The qualification of voters at the election, to be held as provided in this schedule, shall be the

same as is now prescribed by law.

5. Notice of election.

The State Board of Supervisors, hereinafter mentioned, shall give notice of said election

immediately after the adoption of this Constitution by this Convention, by proclamation in at

least two newspapers published at Little Rock, and such other newspapers as they may select.

And each county board of Supervisors, shall give public notice in their respective counties, of

said election, immediately after their appointment.

6. Governor's proclamation.

The Governor shall also issue a proclamation enjoining upon all peace officers the duty of

preserving good order on the day of said election, and preventing any disturbance of the same.

7. State board of supervisors.

Augustus H. Garland, Gordon N. Peay and Dudley E. Jones are hereby constituted a State Board

of Supervisors of said election, who shall take an oath faithfully and impartially to discharge the

duties of their office; a majority of whom shall be a quorum, and who shall perform the duties

herein assigned them. Should a vacancy occur in said Board, by refusal to serve, death, removal,

resignation, or otherwise; or if any member should become incapacitated from performing said

duties, the remaining members of the Board shall fill the vacancy by appointment. But if all the

places on said Board become vacant at the same time, the said vacancies shall be filled by the

President of this Convention.

8. County board of supervisors.

Said State Board shall at once proceed to appoint a Board of Election Supervisors for each

County of this State, consisting of three men of known intelligence and uprightness of character,

who shall take the same oath as above provided for the State Board. A majority of each Board

shall constitute a quorum, and shall perform the duties herein assigned to them; and vacancies

occurring in the County Boards shall be filled by the State Board.

9. Poll books and ballot boxes - First election.

The State Board shall provide the form of poll books and each County Board shall furnish the

Judges of each election precinct with three copies of the poll books in the form prescribed, and

with ballot-boxes at the expense of the county.

10. Copies of Constitution to be distributed.

The State Board of Supervisors shall cause to be furnished in pamphlet form a sufficient number

of copies of this Constitution to supply each County Supervisor and Judge of Election with a

copy, and shall forward the same to the County Election Boards for distribution.

11. Judges and clerks of first election.

The Boards of County Election Supervisors shall at once proceed to appoint three Judges of

Election for each election precinct in their respective counties; and the Judges shall appoint three

Election Clerks for their respective precincts, all of whom shall be good, competent men, and

take an oath as prescribed above. Should the Judges of any election precinct fail to attend at the

time and place provided by law, or decline to act, the assembled electors shall choose competent

persons, in the manner provided by law, to act in their place, who shall be sworn as above.

12. Conduct of first election.

Said election shall be conducted in accordance with existing laws, except as herein provided. As

the electors present themselves at the polls to vote, the judges of the election shall pass upon

their qualifications and the clerks of the election shall register their names on the poll-books if

qualified; and such registration by said clerks shall be a sufficient registration in conformity with

the Constitution of this State, and then their votes shall be taken.

13. Style of ballot.

Each elector shall have written or printed on his ticket "For Constitution," or "Against

Constitution," and also the offices and the names of the candidates for the offices for whom he

desires to vote.

14. Manner of voting.

The judges shall deposit the tickets in the ballot-box; but no elector shall vote outside of the

township or ward in which he resides. The names of the electors shall be numbered, and the

corresponding numbers shall be placed on the ballots by the judges when deposited.

15. Dram shops to be closed - First election.

All dram shops and drinking houses in this State shall be closed during the day of said election,

and the succeeding night; and any person selling or giving away intoxicating liquors during said

day or night shall be punished by fine, not less than two hundred dollars, for each and every

offense, or imprisoned not less than six months, or both.

16. Hours of voting - Counting of ballots - Returns.

The polls shall be opened at eight o'clock in the forenoon, and shall be kept open until sunset.

After the polls are closed the ballots shall be counted by the judges at the place of voting, as soon

as the polls are closed, unless prevented by violence or accident; and the results by them certified

on the poll-books, and the ballots sealed up. They shall be returned to the County Board of

Election Supervisors, who shall proceed to cast up the votes and ascertain and state the number

of votes cast for the Constitution and the number cast against the Constitution, and also the

number of votes cast for each candidate voted for for any office, and shall forthwith forward to

the State Board of Supervisors, duly certified by them, one copy of the statement or abstracts of

the votes so made out by them, retain one copy in their possession, and file one copy in the office

of the County Clerk, where they shall also deposit, for safe-keeping, the ballots, sealed up, and

one copy of the poll-books, retaining possession of the other copies.

17. Publication of result.

The State Board of Supervisors shall at once proceed, on receiving such returns from the County

Boards, to ascertain therefrom, and state the whole number of votes given for the Constitution,

and the whole number given against it; and if a majority of all votes cast in favor of the

Constitution, they shall at once make public the fact by publication in two or more of the leading

newspapers published in the city of Little Rock, and this Constitution, from that date, shall be in

force; and they shall also make out and file, in the office of the Secretary of State an abstract of

all the votes cast for the Constitution, and all votes cast against it; and also an abstract of all

votes cast for every candidate voted for at the election, and file the same in the office of the

Secretary of State, showing the candidate elected. They shall also make out and certify, and lay

before each house of the General Assembly a list of the members elected to that house; and shall

also make out, certify and deliver to the Speaker of the House of Representatives an abstract of

all votes cast at the election, for any and all persons for the office of Governor, Secretary of

State, Treasurer of State, Auditor of State, Attorney General and Commissioner of State Lands,

and the said Speaker shall cast up the votes and announce the names of the persons elected to

these offices. The Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney-

General and Commissioner of State Lands chosen at said election shall qualify and enter upon

the discharge of the duties of their respective offices within fifteen days after the announcement

of their election as aforesaid.

18. Commissions - Officers elected at first election.

All officers shown to be elected by the abstract of said election filed by the State Board of

Supervisors in the office of the Secretary of State, required by this Constitution to be

commissioned, shall be commissioned by the Governor.

19. Election of representatives and senators - First election.

At said election the qualified voters of each County and Senatorial District, as defined in article

eight of this Constitution, shall elect, respectively, Representatives and Senators according to the

numbers and apportionment contained in said article. The Board of Election Supervisors of each

county shall furnish certificates of election to the person or persons elected to the House of

Representatives as soon as practicable after the result of the election has been ascertained; and

such Board of Election Supervisors in each county shall make a correct return of the election for

Senator or Senators to the Board of Election Supervisors of the county first named in the

Senatorial apportionment, and said Board shall furnish certificates of election to the person or

persons elected as Senator or Senators in said Senatorial district as soon as practicable.

20. When officers to enter upon duties.

All officers elected under this Constitution, except the Governor, Secretary of State, Auditor of

State, Treasurer, Attorney-General and Commissioner of State Lands shall enter upon the duties

of their several offices when they shall have been declared duly elected by said State Board of

Supervisors, and shall have duly qualified. All such officers shall qualify and enter upon the

duties of their offices within fifteen days after they have been duly notified of their election.

21. Prior incumbents to vacate office.

Upon the qualification of the officers elected at said election the present incumbents of the

offices for which the election is held shall vacate the same and turn over to the officers thus

elected and qualified, all books, papers, records, moneys and documents belonging or pertaining

to said offices by them respectively held.

22. First session of General Assembly.

The first session of the General Assembly under this constitution shall commence on the first

Tuesday after the second Monday in November, 1874.

23. Transfer of jurisdiction of courts.

The County Courts provided for in this Constitution shall be regarded in law as a continuation of

the Boards of Supervisors now existing by law, and the Circuit Courts shall be regarded in law as

continuations of the Criminal Courts wherever the same may have existed in their respective

counties: and the Probate Courts shall be regarded as continuations of the Circuit Courts for the

business within the jurisdiction of such Probate Courts, and the papers and records pertaining to

said courts and jurisdictions shall be transferred accordingly; and no suit or prosecution of any

kind shall abate because of any change made in this Constitution.

24. Present incumbents to hold until successors qualify.

All officers now in office whose offices are not abolished by this Convention, shall continue in

office and discharge the duties imposed on them by law, until their successors are elected and

qualified under this Constitution. The office of Commissioner of State Lands shall be continued;

Provided, That the General Assembly at its next session may abolish or continue the same in

such manner as may be prescribed by law.

25. Fraud in first election.

Any election officer, appointed under the provisions of this schedule, who shall fraudulently and

corruptly permit any person to vote illegally or refuse the vote of any qualified elector, cast up or

make a false return of said election, shall be deemed guilty of a felony, and on conviction

thereof, shall be imprisoned in the penitentiary not less than five years nor more than ten years.

And any person who shall vote when not a qualified elector, or vote more than once, or bribe any

one to vote contrary to his wishes, or intimidate or prevent any elector by threats, menace or

promises from voting, shall be guilty of a felony, and upon conviction thereof, shall be

imprisoned in the penitentiary not less than one, nor more than five years.

26. Tenure of officers elected.

All officers elected at the election provided for in this schedule shall hold their offices for the

respective periods provided for in the foregoing Constitution, and until their successors are

elected and qualified. The first general elections after the ratification of this Constitution shall be

held on the first Monday of September A. D. 1876. Nothing in this Constitution and the schedule

thereto shall be so construed as to prevent the election of congressmen at the time as now

prescribed by law.

27. Appropriation for expenses of election.

The sum of five thousand dollars is hereby appropriated out of any money in the treasury, not

otherwise appropriated, to defray the expenses of the election provided for in this schedule, and

the Auditor of State shall draw his warrants on the Treasurer for such expenses, not exceeding

said amount, on the certificate of the State Board of Supervisors of election.

28. Salaries of officers.

For the period of two years from the adoption of this Constitution, and until otherwise provided

by law, the respective officers herein enumerated shall receive for their services the following

salaries per annum:

For Governor, the sum of .............................................................$3,500

For Secretary of State, the sum of ..................................................2,000

For Treasurer, the sum of ...............................................................2,500

For Auditor, the sum of ..................................................................2,500

For Attorney General, the sum of ...................................................2,000

For Commissioner of State Lands, the sum of ................................2,000

For Judges of Supreme Court, each, the sum of ..............................3,500

For Judges of Circuit and Chancery Courts, each, the sum of ........2,500

For Prosecuting Attorneys, each, the sum of .....................................400

For members of the General Assembly, the sum of $6 per day, and twenty cents per mile for each

mile traveled in going to and returning from the seat of government over the most direct and

practicable route.

Done in Convention, at Little Rock, the Seventh day of September in the year of our Lord one

thousand eight hundred and seventy four and of the Independence of the United States the

ninety-ninth.


In Witness Whereof, we have hereunto subscribed our names.

GRANDISON D. ROYSTON,

President of the Convention, and

Delegate from the County of Hempstead.

THOMAS W. NEWTON,

Secretary.

A. M. RODGERS, Delegate from Benton County.

HORACE H. PATTERSON, Delegate from Benton County.

W. W. BAILEY, Delegate from Boone County.

JNO. R. HAMPTON, Delegate from Bradley County.

JOHN W. CYPERT, Delegate from Baxter County.

BRADLEY BUNCH, Delegate from Carroll County.

JESSE A. ROSS, Delegate from Clark County.

H. F. THOMASON, Delegate from Crawford County.

W. D. LEIPER, Delegate from Dallas County.

WM. J. THOMPSON, Delegate from Woodruff County.

JAMES A. GIBSON, Delegate from Arkansas County.

HENRY W. CARTER, Delegate from Pike County.

DANIEL F. REINHARDT, Delegate from Prairie County.

ELIJAH MOSELEY, Delegate from Ouachita County.

STEPHEN C. BATES, Delegate from Polk County.

G. P. SMOOTE, Delegate from Columbia County.

D. L. KILLGORE, Delegate from Columbia County.

WILLIAM S. HANNA, Delegate from Conway County.

JOHN S. ANDERSON, Delegate from Craighead County.

J. G. FRIERSON, Delegate from Cross County.

E. FOSTER BROWN, Delegate from Clayton County.

JAS. P. STANLEY, Delegate from Drew County.

JOHN NIVEN, Delegate from Dorsey County.

WILLIAM W. MANSFIELD, Delegate from the County of Franklin.

JOHN DUNAWAY, Delegate from the County of Faulkner.

DAVIDSON D. CUNNINGHAM, Delegate from the County of Grant.

BEN H. CROWLEY, Delegate from the County of Greene.

H. M. RECTOR, Delegate from Garland County.

JN. R. EAKIN, Delegate from Hempstead County.

W. C. KELLY, Delegate from Hot Spring County.

J. W. BUTLER, Delegate from Independence County.

JAMES RUTHERFORD, Delegate from Independence County.

RANSOM GULLEY, Delegate from Izard County.

FRANKLIN DOSWELL, Delegate from Jackson County.

JNO. A. WILLIAMS, Delegate from Jefferson County.

SETH J. HOWELL, Delegate from Johnson County.

PHILIP K. LESTER, Delegate from Lawrence County.

J. H. WILLIAMS, Delegate from Little River County.

J. P. EAGLE, Delegate from Lonoke County.

REASON G. PUNTNEY, Delegate from Lincoln County.

MONROE ANDERSON, Delegate from Lee County.

JOHN CARROLL, Delegate from Madison County.

S. P. HUGHES, Delegate from Monroe County.

NICHOLAS W. CABLE, Delegate from Montgomery County.

CHARLES BOWEN, Delegate from Mississippi County.

R. K. GARLAND, Delegate from Nevada County.

HENRY G. BUNN, Delegate from Ouachita County

W. H. BLACKWELL, Delegate from Perry County

JNO. J. HORNOR, Delegate from Phillips County.

JNO. R. HOMER SCOTT, Delegate from the County of Pope.

JOHN MILLER, JR., Delegate from the County of Randolph.

SIDNEY M. BARNES, Delegate from the County of Pulaski.

JABEZ M. SMITH, Delegate from Saline County.

BEN B. CHISM, Delegate from the County of Sarber.

J. W. SORRELS, Delegate from Scott County.

W. S. LINDSEY, Delegate from Searcy County.

R. P. PULLIAM, Delegate from Sebastian County.

W. M. FISHBACK, Delegate from Sebastian County.

B. H. KINSWORTHY, Delegate from Sevier County.

LEWIS WILLIAMS, Delegate from Sharp County.

JOHN M. PARROTT, Delegate from Saint Francis County.

WALTER J. CAGLE, Delegate from Stone County.

HORATIO G. P. WILLIAMS, Delegate from Union County.

ROBT. GOODWIN, Delegate from Union County.

A. R. WITT, Delegate from Van Buren County.

R. P. POLK, Delegate from Phillips County.

T. W. THOMASON, Delegate from Washington County.

BENJAMIN F. WALKER, Delegate from Washington County.

M. F. LAKE, Delegate from Washington County.

JESSE N. CYPERT, Delegate from White County.

J. W. HOUSE, Delegate from White County.

JOSEPH T. HARRISON, Delegate from Yell County.

MARCUS L. HAWKINS, Delegate from Ashley County.

EDWIN R. LUCAS, Delegate from Fulton County.

BENJAMIN W. JOHNSON, Delegate from Calhoun County.

RODERICK JOYNER, Delegate from Poinsett County.


PROCLAMATION

By The

STATE BOARD OF ELECTION SUPERVISORS

Office of State Board of Election Supervisors,

Little Rock, Ark., October 30, 1874.

In pursuance of the provisions of section seventeen of the schedule to the Constitution recently

framed for the State of Arkansas, the undersigned do hereby proclaim and make known that at a

general election held on the thirteenth day of October, A. D. 1874, the following votes were cast

"For" and "Against" said Constitution in the several counties of said State, as appears by the

official returns made to said board by the county boards of election supervisors, to-wit:

Here follows a tabulation of the vote by counties.

Total Vote "For Constitution" .................................... 78,697

Total Vote "Against Constitution" ................................ 24,807

Majority "For Constitution" .................................... 53,890

Given under our hands this thirtieth day of October, 1874.

U. M. ROSE,

DUDLEY E. JONES,

GORDON N. PEAY,

State Board of Election Supervisors.

Amend. 1.

"Holford" Bonds (Const., Art. 20 Added).

——————————

Amend. 2.

Regulation of Carriers (Const., Art. 17, § 10 Amended).

——————————

Amend. 3.

County Road Tax [Repealed.]

——————————

Amend. 4.

Sureties on Official Bonds (Const., Art. 19, § 21 Amended).

——————————

Amend. 5.

Per Diem and Mileage of General Assembly (Const., Art. 5, § 16 Amended).

——————————

Amend. 6.

Executive Department and Officers (Const., Art. 6, § 1, Amended and

Sections Added).


Section:1. Executive department.

2. Executive power vested in Governor and Lieutenant Governor.

3. Election of Governor and Lieutenant Governor.

4. Lieutenant Governor acting as Governor.

5. Qualifications and duties of Lieutenant Governor - Succession to the governorship.

6. Salary of Lieutenant Governor.


1. Executive department.

2. Executive power vested in Governor and Lieutenant Governor.

The executive power shall be vested in a Governor, who shall hold office for two years; a

Lieutenant Governor shall be chosen at the same time and for the same term. The Governor and

Lieutenant Governor elected next preceding the time when this section shall take effect shall

hold office until and including the second Monday of September, and their successors shall be

chosen at the general election in that year.

3. Election of Governor and Lieutenant Governor.

The Governor and Lieutenant Governor shall be elected at the times and places of choosing

members of the Assembly. The persons respectively having the highest number of votes for

Governor and Lieutenant Governor shall be elected, but in case two or more shall have an equal

and the highest number of votes for Governor, or for Lieutenant Governor, the two houses of the

Legislature at its next annual session shall forthwith, by joint ballot, choose one of the said

persons so having an equal and the highest number of votes for Governor or Lieutenant

Governor.

4. Lieutenant Governor acting as Governor.

In case of the impeachment of the Governor, or his removal from office, death, inability to

discharge the powers and duties of the said office, resignation or absence from the State, the

powers and duties of the office, shall devolve upon the Lieutenant Governor for the residue of

the term, or until the disability shall cease. But when the Governor shall, with the consent of the

Legislature, be out of the State, in time of war, at the head of a military force thereof, he shall

continue commander-in-chief of all the military force of the State.

5. Qualifications and duties of Lieutenant Governor - Succession to the governorship.

The Lieutenant Governor shall possess the same qualifications of eligibility for the office as the

Governor. He shall be President of the Senate, but shall have only a casting vote therein in case

of a tie vote. If during a vacancy of the office of Governor, the Lieutenant Governor shall be

impeached, displaced, resign, die, or become incapable of performing the duties of his office or

be absent from the State, the President of the Senate shall act as Governor until the vacancy be

filled or the disability shall cease; and if the President of the Senate for any of the above causes

shall become incapable of performing the duties pertaining to the office of Governor, the

Speaker of the Assembly shall act as Governor until the vacancy be filled or the disability shall

cease.

6. Salary of Lieutenant Governor.

The Lieutenant Governor shall receive for his services an annual salary of two thousand dollars,

and shall not receive or be entitled to any other compensation, fee or perquisite, for any duty or

service he may be required to perform by the Constitution or by law.


Amend. 7.

Initiative and Referendum (Const., Art. 5, § 1, Amended).


Amend. 8.

Qualifications of Electors (Const., Art. 3, § 1, Amended).


Amend. 9.

Supreme Court.

Section:

1. Enlargement - Sitting in division.

2. Compensation of judges.


1. Enlargement - Sitting in division.

The Supreme Court shall be composed of five judges, one of whom shall be styled Chief Justice

and elected as such, any three of whom shall in every case be necessary to a decision. Provided if

it should hereafter become necessary to increase the number of the judges of the Supreme Court,

the Legislature may provide for two additional judges and may also provide for the court sitting

in divisions under such regulations as may be prescribed by law; provided further, that should the

court sit in divisions, in all cases where the construction of the Constitution is involved, the cause

shall be heard by the court in banc, and in all cases when a judge of a division dissents from the

opinion therein, at the request of the Chief Justice, or such dissenting justice, the cause shall be

transferred to the court in banc for its decision.

2. Compensation of judges.

The Supreme Court judges shall at stated times receive compensation for their services to be

fixed by law. When the salary of the judges under this amendment to the Constitution shall have

been established by law, such salary shall not thereafter be increased or diminished during their

respective terms. Until otherwise provided by law, the judges of the Supreme Court shall each

receive a salary of Seven thousand five hundred dollars per annum.


Amend. 10.

Limitation on Legislative and Taxing Power (Const., Art. 12, § 4, Amended).


Amend. 11.

School Tax (Const., Art. 14, § 3, Amended).


Amend. 12.

Textile Mills, Tax Exemption.

Cotton mills tax exempt for seven years.

All capital invested in a textile mill in this state for the manufacture of cotton and fiber goods in

any manner shall be and is hereby declared to be exempt from taxation for a period of seven

years from the date of the location of said textile mill.


Amend. 13.

[Repealed.]


Amend. 14.Local Acts.

Local or special acts prohibited - Rights to repeal acts by legislature.

The General Assembly shall not pass any local or special act. This amendment shall not prohibit

the repeal of local or special acts.


Amend. 15.

Salaries of State Officers.

Salaries of state officials.

The annual salaries of the State and District Officers hereinafter mentioned, which shall be paid

in monthly installments, shall be as follows:

For Governor, the sum of $6,000.00; for Secretary of State, the sum of $4,000.00; for Treasurer

of the State, the sum of $4,000.00; for Auditor of the State, the sum of $4,000.00; for Attorney

General, the sum of $5,000.00; for Judge of the Circuit Courts and Chancellors, each, the sum of

$3,600.00.

The members of the General Assembly shall receive as their salary the sum of One Thousand

($1,000.00) Dollars, except the Speaker of the House of Representatives, who shall receive his

salary of Eleven Hundred Dollars ($1,100.00), for each period of two (2) years; and in addition

to such salary the members of the general Assembly shall receive five cents per mile for each

mile traveled in going to and returning from the seat of government over the most direct and

practicable route, and provided further that when said members are required to attend an

extraordinary session of the General Assembly they shall receive in addition to the salary herein

provided the sum of 6.00 per day for each day they are required to attend, and mileage at the rate

herein provided.


Amend. 16.

Jury Trial (Const., Art. 2, § 7, Amended).


Amend. 17.

[Repealed.]


Amend. 18.

Tax to Aid Industries.

City tax. - It being most apparent that factories, industries and transportation facilities are

necessary for the development of a community and for the welfare of its inhabitants, a special tax

not exceeding five mills on the dollar of all taxable property in cities of the first class located in

counties now or hereafter having not less than one hundred five thousand population, in addition

to other taxes now provided by law, may be levied in such cities for the period that may be

provided by law, when petitioned for by ten per cent of the owners of real property in such city

and on consent of a majority of the electors of such city voting on the question.

The proceeds of such tax shall be expended by a board of three commissioners, each of whom

shall be taxpayer in such city, said commissioners, to serve for such term as may be provided by

law without compensation, except actual expenses. One of the commissioners shall be selected

by a majority of the judges of the Supreme Court, sitting as a board, one by a majority of the

judges of the Circuit, County and Chancery Courts of the county, sitting as a board, and one by a

majority of the banks and trust companies located in such city whose representatives shall sit as a

board. Where there are two such cities in such county and the tax herein provided for has been

voted in each, one board of commissioners may be appointed for both cities if a majority of the

boards having the appointive power deem best, and in that event a majority of the banks and trust

companies in both cities shall appoint one commissioner, and the proceeds of the tax shall be

expended for the benefit of both cities.

The proceeds of such tax may be expended as may be provided by law for the purpose of

securing the location of factories, industries, river transportation and facilities therefor within and

adjacent to such cities or other public purposes, exclusive of charities and those now within the

powers of said cities to perform, and expenditures may also be made for advertising such cities

and the State, or making secured loans to such factories and industries, or for any other public

purpose that may be provided by law, connected with securing the location of such factories and

industries and encouraging them.

The provisions of this amendment are separable, and if any should be held invalid the remainder

shall stand.


Amend. 19.

Passage of Laws (Const., Art. 5, §§ [37]-[41] Added).


Amend. 20.

State Bonds.

Bonds prohibited except when approved by majority vote of electors. - Except for the

purpose of refunding the existing outstanding indebtedness of the State and for assuming and

refunding valid outstanding road improvement district bonds, the State of Arkansas shall issue no

bonds or other evidence of indebtedness pledging the faith and credit of the State or any of its

revenues for any purpose whatsoever, except by and with the consent of the majority of the

qualified electors of the State voting on the question at a general election or at a special election

called for that purpose.


Amend. 21.

Criminal Prosecutions - Salaries of Prosecutors.

Section:

1. Prosecution by indictment or information.

2. Salaries of prosecuting attorneys.

1. Prosecution by indictment or information.

All offenses heretofore required to be prosecuted by indictment may be prosecuted either by

indictment by a grand jury or information filed by the Prosecuting Attorney.

2. Salaries of prosecuting attorneys.

The General Assembly of Arkansas shall by law determine the amount and method of payment

of salaries of prosecuting attorneys.


Amend. 22.

Exemption of Homesteads from Certain State Taxes.

Section:

1. Homesteads of $1,000.00 assessed valuation exempted from certain taxes.

2. Legislature authorized to make further exemptions.

3. Legislature to restore tax funds eliminated hereby, and to pass enabling law.

4. No notes or bonds of state impaired hereby.

5. Amendment in effect, when.

6. Homesteads of $1,000.00 assessed valuation exempted from certain taxes.

The homestead of each and every resident of the State, whether or not such resident be married

or unmarried, male or female, shall be wholly exempt from all state taxes authorized or referred

to in Section 8 of Article 16 of the Constitution of Arkansas in all cases where such homestead

does not exceed the assessed valuation of one thousand dollars ($1,000.00). Where the assessed

valuation of such homestead exceeds one thousand dollars ($1,000.00) this exemption shall

apply to the first one thousand dollars ($1,000.00) of such valuation.

2. Legislature authorized to make further exemptions.

Within a maximum limit of two thousand five hundred dollars ($2,500.00) and a minimum limit

of one thousand dollars ($1,000.00), the legislature is hereby authorized and empowered from

time to time to fix the amount of the exemption hereby provided.

3. Legislature to restore tax funds eliminated hereby, and to pass enabling law.

It is hereby made the duty of the legislature, and the legislature is hereby directed:

(a) Fully and completely to replace or restore any and all funds which will or may be eliminated,

diminished or otherwise affected hereby or hereunder; but the legislature shall not, in order to

accomplish that purpose, impose or levy any new form of tax.

(b) To enact, without unnecessary delay, all legislation necessary and sufficient to make this

amendment in all respects effective and workable.

4. No notes or bonds of state impaired hereby.

Nothing herein shall ever be construed, applied or administered so as to impair any right of any

holder of any bond, note or other obligation heretofore issued or assumed by the state and now

outstanding; but this amendment shall in every respect be construed, applied and administered so

as fully to protect all the legal rights of all such holders.

5. Amendment in effect, when.

After and as soon as, and not before, the legislature shall have fulfilled the requirements of

section 3 hereof, this amendment or any legislation enacted in pursuance of section 2, shall be in

full force and effect.


Amend. 23.

Apportionment (Const., Art. 8 Amended).


Amend. 24.

Probate Courts - Circuit and County Clerks (Const., Art. 7, §§ 19, 34, 35,

Amended).


Amend. 25.

[Repealed.]


Amend. 26.

Workers' Compensation (Const., Art. 5, § 32, Amended).


Amend. 27.

Exempting New Manufacturing Establishment from Taxation.

Power to exempt - Duration.

The Governor and the Agricultural and Industrial Commission (or the agency created by law to

assist in the industrial development of Arkansas) may investigate and contract with the owners of

any new manufacturing or processing establishment to be located in the State, or owners making

addition or additions to any manufacturing or processing establishment already located in the

State, for the exemption from State property taxation of any such new manufacturing or

processing establishment, or any addition or additions to any such existing manufacturing or

processing establishment, upon such terms and conditions as the Governor and the said

Commission may deem to the best interests of the State; provided, that no exemption from taxes

shall be granted under this amendment for a longer period than ten (10) calendar years

succeeding the date of any such contract. Any such exemption shall "ipso facto" cease upon

violation of the terms and conditions of any contract hereby made.


Amend. 28.

Regulating Practice of Law.Supreme Court - Rule making power.

The Supreme Court shall make rules regulating the practice of law and the professional conduct

of attorneys at law.


Amend. 29.

Filling Vacancies in Office.

Section:

1. Elective offices - Exceptions.

2. Ineligible persons - Nepotism.

3. Violation of amendment - Compensation withheld.

4. Duration of term of appointee - Election to fill vacancy.

5. Election to fill - Placing names on ballots.


1. Elective offices - Exceptions.

Vacancies in the office of United States Senator, and in all elective state, district, circuit, county,

and township offices except those of Lieutenant Governor, Member of the General Assembly

and Representative in the Congress of the United States, shall be filled by appointment by the

Governor.

2. Ineligible persons - Nepotism.

The Governor, Lieutenant Governor and Acting Governor shall be ineligible for appointment to

fill any vacancies occurring or any office or position created, and resignation shall not remove

such ineligibility. Husbands and wives of such officers, and relatives of such officers, or of their

husbands and wives within the fourth degree of consanguinity or affinity, shall likewise be

ineligible. No person appointed under Section 1 shall be eligible for appointment or election to

succeed himself.

3. Violation of amendment - Compensation withheld.

No person holding office contrary to this amendment shall be paid any compensation for his

services. Any warrant, voucher or evidence of indebtedness issued in payment for such services

shall be void.

4. Duration of term of appointee - Election to fill vacancy.

The appointee shall serve during the entire unexpired term in the office in which the vacancy

occurs if such office would in regular course be filled at the next General Election if no vacancy

had occurred. If such office would not in regular course be filled at such next general election the

vacancy shall be filled as follows: At the next General Election, if the vacancy occurs four

months or more prior thereto, and at the second General Election after the vacancy occurs if the

vacancy occurs less than four months before the next General Election after it occurs. The person

so elected shall take office on the 1st day of January following his election.

5. Election to fill - Placing names on ballots.

Only the names of candidates for office nominated by an organized political party at a

convention of delegates, or by a majority of all the votes cast for candidates for the office in a

primary election, or by petition of electors as provided by law, shall be placed on the ballots in

any election.


Amend. 30.

City Libraries.

Section:

1. Petition for tax levy - Election.

2. Result of election - Certification and proclamation - Tax levy.

3. Raising, reducing or abolishing tax - Petition and election.

4. Co-ordination of city with county library.

5. Petition for tax levy – Election.


1. Petition for tax levy - Election.

Whenever 100 or more taxpaying electors of any city, having a population of not less than 5,000,

shall file a petition with the Mayor asking that an annual tax on real and personal property be

levied for the purpose of maintaining and operating a public city library and shall specify a rate

of taxation not to exceed five mills on the dollar, the question as to whether such tax shall be

levied shall be submitted to the qualified electors of such city at a general or special election.

Such petition must be filed at least thirty days prior to the election at which it will be submitted

to the voters. The ballot shall be in substantially the following form:

For a ________ mill tax on real and personal property to be used for maintenance and operation

of a public city library.

Against a ________ mill tax on real and personal property to be used for maintenance and

operation of a public city library. [As amended by Const. Amend. 72, § 1.]

2. Result of election - Certification and proclamation - Tax levy.

The Election Commissioners shall certify to the Mayor the result of the vote, and if a majority of

the qualified electors voting on the question at such election vote in favor of the specified tax,

then it shall thereafter be continually levied and collected as other general taxes of such city are

levied and collected. The result of the election shall be proclaimed by the Mayor. The result so

proclaimed shall be conclusive unless attacked in the courts within thirty days. The proceeds of

any tax voted for the maintenance of a city public library shall be segregated by the city officials

and used only for that purpose.

3. Raising, reducing or abolishing tax - Petition and election.

Whenever 100 or more taxpaying electors of any city having a library tax in force shall file a

petition with the Mayor asking that such tax be raised, reduced or abolished, the question shall be

submitted to the qualified electors at a general or special election. Such petition must be filed at

least thirty days prior to the election at which it will be submitted to the voters. The ballot shall

follow, as far as practicable, the form set forth in Section 1 hereof. The result shall be certified

and proclaimed, as provided in Section 2 hereof, and the result as proclaimed shall be conclusive

unless attacked in the courts within thirty days. Subject to the limitations of Section 5(e) hereof,

the tax shall be lowered, raised or abolished, as the case may be, according to the majority of the

qualified electors voting on the question of such election. If lowered or raised, the revised tax

shall thereafter be continually levied and collected and the proceeds used in the manner and for

the purposes as provided in Section 2 hereof. [As amended by Const. Amend. 72, § 2.]

4. Co-ordination of city with county library.

Nothing herein shall be construed as preventing a co-ordination of the services of a city public

library and a county public library.

5. Petition for tax levy - Election.

(a) Whenever 100 or more taxpaying electors of any city, having a population of not less than

5,000, shall file a petition with the Mayor asking that an annual tax on real and personal property

be levied for capital improvements to or construction of a public city library and shall specify a

rate of taxation not to exceed three mills on the dollar, the question as to whether such tax shall

be levied shall be submitted to the qualified electors of such city at a general or special election.

Such petition must be filed at least thirty days prior to the election at which it will be submitted

to the voters. The ballot shall be in substantially the following form:

For a mill tax on real and personal property to be used for capital improvements to or

construction of a public city library. Against a mill tax on real and personal property to be used

for capital improvements to or construction of a public city library.

(b) The electors may authorize the governing body of the city to issue bonds as prescribed by

law for capital improvements to or construction of the library and to authorize the pledge of all,

or any part of, the tax authorized by this section for the purpose of retiring the bonds. The ballot

submitting the question to the voters shall be in substantially the following form:

For a mill tax on real and personal property within the city, to be pledged to an issue or issues of

bonds not to exceed $ , in aggregate principal amount, to finance capital improvements to or

construction of the city library and to authorize the issuance of the bonds on such terms and

conditions as shall be approved by the city. Against a mill tax on real and personal property

within the city, to be pledged to an issue or issues of bonds not to exceed $ , in aggregate

principal amount, to finance capital improvements to or construction of the city library and to

authorize the issuance of the bonds on such terms and conditions as they shall be approved by

the city.

(c) The maximum rate of any special tax to pay bonded indebtedness, as authorized by

paragraph (b) hereof shall be stated on the ballot.

(d) The special tax for payment of bonded indebtedness authorized in paragraph (b) hereof shall

constitute a special fund pledged as security for the payment of such indebtedness. The special

tax shall never be extended for any purpose, nor collected for any greater length of time than

necessary to retire such bonded indebtedness, except that tax receipts in excess of the amount

required to retire the debt according to its terms may, subject to covenants entered into with the

holders of the bonds, be pledged as security for the issuance of additional bonds if authorized by

the voters. The tax for such additional bonds shall terminate within the time provided for the tax

originally imposed. Upon retirement of the bonded indebtedness, any surplus tax collections,

which may have accumulated shall be transferred to the general funds of the city, and shall be

used for maintenance and operation of the public city library.

(e) Notwithstanding any other provision of this amendment, a tax approved by the voters for the

purpose of paying the bonded indebtedness shall not be reduced or diminished, nor shall it be

used for any other purpose than to pay principal of, premium or interest on, and the reasonable

fees of a trustee or paying agent, so long as the bonded indebtedness shall remain outstanding

and unpaid. [Added by Const. Amend. 72, § 3; amended by Const. Amend. 89.]

Annotations


Amend. 31.

Police and Firefighters' Retirement Salaries and Pensions.

Section:

1. Election on question - Tax levy.

1. Election on question - Tax levy.

After consent of the majority of those voting on the question at any general or special election in

cities of the first or second class, the cities may annually thereafter, levy a tax on the assessed

value of real and personal property, not to exceed two mills on the dollar, from which there shall

be created a Fund to pay Retirement Salaries and pensions to policemen and firemen theretofore

or thereafter earned, and pensions to the widows and minor children of such, as may be provided

by law. The annual levy for the Policeman's Retirement Salary and Pension Fund shall not

exceed one mill on the dollar, and the annual levy for the Fireman's Retirement Salary and

Pension Funds, shall not exceed one mill on the dollar. The manner of such levy of the tax, and

the eligibility for the retirement salaries and pensions, the several amounts thereof and when

payable, shall be such as may be provided by law.


Amend. 32.

County or City Hospitals.

Section:

1. Petition for tax levy - Election.

2. Result of election - Certification and proclamation - Tax levy.

3. Raising, reducing or abolishing tax - Petition and election.

4. Amendment self executing.

1. Petition for tax levy - Election.

Whenever in any county where there is located a public hospital owned by such county or by any

municipal corporation therein, whether such hospital be operated by such county or municipal

corporation or by a benevolent association as the agent or lessee of such county or municipal

corporation, one hundred or more electors of such county shall file a petition with the county

judge asking that an annual tax on real and personal property in such county be levied for the

purpose of maintaining, operating and supporting such hospital and shall specify a rate of

taxation not exceeding one mill on the dollar of the assessed value of real and personal property

in the county. The question as to whether such tax shall be levied shall be submitted to the

qualified electors of such county at a general election. Such petition must be filed at least thirty

days prior to the election at which it will be submitted to the voters. The county judge upon the

filing of such petition shall notify the county board of election commissioners thereof and the

county board of election commissioners shall cause the question to be placed upon the ballots in

substantially the following form:

For a ____________ mill tax on real and personal property to be used for maintenance, operation

and support of a public hospital.

Against a ____________ mill tax on real and personal property to be used for maintenance,

operation and support of a public hospital.

2. Result of election - Certification and proclamation - Tax levy.

The election commissioners shall certify to the county judge the result of the vote and if a

majority of the qualified electors voting on the question at such election vote in favor of the

specified tax then it shall thereafter be continually levied and collected as other general taxes of

such county are levied and collected. The result of the election shall be proclaimed by the county

judge by publication for one insertion in some newspaper published and having a bona fide

circulation in such county. The result so proclaimed shall be conclusive unless attacked in the

courts within thirty days and after the election it shall not be competent to attack the result

thereof on the ground that any signers of the petition were not qualified electors. The proceeds of

any tax so voted shall upon the settlement of the collecting officer be paid by the treasurer of the

county to the treasurer of such hospital to be used by such treasurer in the maintenance,

operation and support of such institution; provided that any county where there may be more

than one hospital qualified to receive the proceeds of such tax, the quorum court at its meeting

for the purpose of adopting the county's budget, shall provide for the apportionment of the

proceeds of said tax between the institutions so qualified according to their respective needs.

3. Raising, reducing or abolishing tax - Petition and election.

Whenever one hundred or more electors of any county having a hospital tax in force shall file a

petition with the county judge asking that such tax be raised, reduced or abolished, the question

shall be submitted to the qualified electors at a general election. Such petition must be filed at

least thirty days prior to the election at which it will be submitted to the voters. The ballots shall

follow, as far as practicable, the form set out in Section 1 hereof, and the result shall be certified

and proclaimed as provided in Section 2 hereof and shall be conclusive in like manner. The tax

shall be lowered, raised or abolished as the case may be, according to the majority of qualified

electors voting on the question at such election, provided, however, that it shall not be raised to

more than one mill on the dollar. If lowered or raised the revised tax shall thereafter be

continually levied and collected and the proceeds used in the manner and for the purposes

provided in Section 2 hereof.

4. Amendment self executing.

This amendment shall be self executing and shall become a part of the constitution of the State of

Arkansas when approved by a majority of the electors voting thereon at the next general election.


Amend. 33.

Boards and Commissions Governing State Institutions.

Section:

1. Term of office of members.

2. Abolition or transfer of powers of board or commission - Restrictions.

3. Increase or decrease of members of board or commission prohibited.

4. Removal of member - Procedure - Appeal.

5. Vacancy – Filling.


1. Term of office of members.

The term of office of members of the boards or commissions charged with the management or

control of all charitable, penal or correctional institutions and institutions of higher learning of

the State of Arkansas, now in existence or hereafter created, shall be five years when the

membership is five in number, seven years when the membership is seven in number, and ten

years when the membership is ten in number. Such terms of office shall be arranged by the

General Assembly to provide a membership with one term of office expiring every year from the

effective date of this amendment. The unexpired terms of members serving on the effective date

of this amendment shall not be decreased.

2. Abolition or transfer of powers of board or commission - Restrictions.

The board or commission of any institution, governed by this amendment, shall not be abolished

nor shall the powers vested in any such board or commission be transferred, unless the institution

is abolished or consolidated with some other State institution. In the event of abolition or

consolidation, the new board or commission shall consist of a membership of five, seven, or ten.

3. Increase or decrease of members of board or commission prohibited.

The membership of any such board or commission now in existence shall not be increased or

decreased in number after the effective date of this amendment nor shall the number of members

of any such board or commission created after this amendment is in operation be increased or

decreased subsequent to its creation.

4. Removal of member - Procedure - Appeal.

The Governor shall have the power to remove any member of such boards or commissions

before the expiration of his term for cause only, after notice and hearing. Such removal shall

become effective only when approved in writing by a majority of the total number of the board

or commission, but without the right to vote by the member removed or by his successor, which

action shall be filed with the Secretary of State together with a complete record of the

proceedings at the hearing.

An appeal may be taken to the Pulaski Circuit Court by the Governor or the member ordered

removed, and the same shall be tried de novo on the record. An appeal may be taken from the

circuit court to the Arkansas Supreme Court, which shall likewise be tried de novo.

5. Vacancy - Filling.

Any vacancy arising in the membership of such board or commission for any reason other than

the expiration of the regular term for which the member was appointed shall be filled by

appointment by the Governor, subject to approval by a majority of the remaining members of the

board or commission, and to be thereafter effective until the expiration of such regular term.


Amend. 34.

Rights of Labor.

Section:

1. Discrimination for or against union labor prohibited.

2. Enforcement of amendment - Legislation authorized.

1. Discrimination for or against union labor prohibited.

No person shall be denied employment because of membership in or affiliation with or

resignation from a labor union, or because of refusal to join or affiliate with a labor union; nor

shall any corporation or individual or association of any kind enter into any contract, written or

oral, to exclude from employment members of a labor union or persons who refuse to join a

labor union, or because of resignation from a labor union; nor shall any person against his will be

compelled to pay dues to any labor organization as a prerequisite to or condition of employment.

2. Enforcement of amendment - Legislation authorized.

The General Assembly shall have power to enforce this article by appropriate legislation.


Amend. 35.

Wild Life - Conservation - Arkansas State Game and Fish Commission.

Section:

1. Commission created - Members - Powers.

2. Qualifications and appointment of members - Terms of office of first commission.

3. Term of office of members.

4. Oath of office - Members serve without compensation - Expenses - Payment.

5. Removal of members - Hearing - Review and appeal.

6. Vacancies - Filling - Chairman of commission.

7. Executive secretary and other personnel - Selection - Salaries and expenditures.

8. Nepotism prohibited - Powers of arrest - Funds - Use - Purposes - Game Protection Fund -

Audit of accounts - Resident hunting and fishing licenses - Powers of commission.

1. Commission created - Members - Powers.

The control, management, restoration, conservation and regulation of birds, fish, game and

wildlife resources of the State, including hatcheries, sanctuaries, refuges, reservations and all

property now owned, or used for said purposes and the acquisition and establishment of same,

the administration of the laws now and/or hereafter pertaining thereto, shall be vested in a

Commission to be known as the Arkansas State Game and Fish Commission, to consist of eight

members. Seven of whom shall be active and one an associate member who shall be the Head of

the Department of Zoology at the University of Arkansas, without voting power.

2. Qualifications and appointment of members - Terms of office of first commission.

Commissioners shall have knowledge of and interest in wildlife conservation. All shall be

appointed by the Governor. The first members of the Commission shall be appointed by the

Governor for terms as follows: One for one year, one for two years, one for three years, one for

four years, one for five years, one for six years, and one for seven years. Each Congressional

District must be represented on the Commission.

3. Term of office of members.

Upon the expiration of the foregoing terms of the said Commission, a successor shall be

appointed by the Governor for a term of seven years, which term of seven years shall thereafter

be for each member of the Commission. No Commissioner can serve more than one term and

none can succeed himself.

4. Oath of office - Members serve without compensation - Expenses - Payment.

Each Commissioner shall take the regular oath of office provided in the Constitution and serve

without compensation other than actual expenses while away from home engaged entirely on the

work of the Commission.

5. Removal of members - Hearing - Review and appeal.

A Commissioner may be removed by the Governor only for the same causes as apply to other

Constitutional Officers, after a hearing which may be reviewed by the Chancery Court for the

First District with right of appeal therefrom to the Supreme Court, such review and appeal to be

without presumption in favor of any finding by the Governor or the trial court.

6. Vacancies - Filling - Chairman of commission.

Vacancies on the Commission due to resignation or death shall be filled by appointment of the

Governor for the unexpired term within thirty days from date of such vacancy; upon failure of

the Governor to fill the vacancy within thirty days, the remaining Commissioners shall make the

appointment for the unexpired term. A chairman shall be elected annually from the seven

members of the Commission to serve one year.

7. Executive secretary and other personnel - Selection - Salaries and expenditures.

The Commission shall elect an Executive Secretary, whose salary shall not exceed that of

limitations placed on other constitutional departments; and other executive officers, supervisor,

personnel, office assistants, wardens, game refuge keepers, and hatchery employees, whose

salaries and expenditures must be submitted to the Legislature and approved by an Act covering

specific items in the biennial appropriation as covered by Article XVI Section 4 of the

Constitution.

8. Nepotism prohibited - Powers of arrest - Funds - Use - Purposes - Game Protection

Fund - Audit of accounts - Resident hunting and fishing licenses - Powers of commission.

No person shall be employed by the Commission who shall be related to any of the

Commissioners or any other State officers within the third degree of relationship by blood or

marriage. All employed personnel may make arrests for violation of the game and fish laws.

The fees, monies, or funds arising from all sources by the operation and transaction of the said

Commission and from the application and administration of the laws and regulations pertaining

to birds, game, fish and wildlife resources of the State and the sale of property used for said

purposes shall be expended by the Commission for the control, management, restoration,

conservation and regulation of the birds, fish and wildlife resources of the State, including the

purchases or other acquisitions of property for said purposes and for the administration of the

laws pertaining thereto and for no other purposes. All monies shall be deposited in the Game

Protection Fund with the State Treasurer and such monies as are necessary, including an

emergency fund, shall be appropriated by the Legislature at each legislative session for the use of

the Game and Fish Commission as hereto set forth. No monies other than those credited to the

Game Protection Fund can be appropriated.

All money to the credit of or that should be credited to the present Game Protection Fund shall

be credited to the new Game Protection Fund and any appropriation made by the Legislature out

of the Game Protection Fund shall be construed to be for the use of the new Commission and out

of the new Game Protection Fund.

The books, accounts and financial affairs of the Commission shall be audited by the State

Comptroller as that department deems necessary, but at least once a year.

Resident hunting and fishing license, each, shall be One and 50/100 Dollars annually, and shall

not exceed this amount unless a higher license fee is authorized by an Act of Legislature.

The Commission shall have the exclusive power and authority to issue licenses and permits, to

regulate bag limits and the manner of taking game and fish and furbearing animals, and shall

have the authority to divide the State into zones, and regulate seasons and manner of taking

game, and fish and furbearing animals therein, and fix penalties for violations. No rule or

regulations shall apply to less than a complete zone, except temporarily in case of extreme

emergency.

Said Commission shall have the power to acquire by purchase, gifts, eminent domain, or

otherwise, all property necessary, useful or convenient for the use of the Commission in the

exercise of any of its duties, and in the event the right of eminent domain is exercised, it shall be

exercised in the same manner as now or hereafter provided for the exercise of eminent domain

by the State Highway Commission. All laws now in effect shall continue in force until changed

by the Commission. All contracts and agreements now in effect shall remain in force until the

date of their expiration.

This amendment shall not repeal, alter or modify the provisions of any existing special laws

under the terms of which a County Game Commission has been created:

The Commission shall be empowered to spend such monies as are necessary to match Federal

grants under the Pittman-Robertson or similar acts for the propagation, conservation and

restoration of game and fish.

This amendment shall become effective July 1, 1945.


Amend. 36.

Poll Tax Exemption.

Members of the armed forces of United States.

Any citizen of Arkansas, while serving in the armed forces of the United States, may vote in any

election, without having paid a poll tax, if otherwise qualified to vote in any such election.


Amend. 37.

[Repealed.]


Amend. 38.

County Libraries.

Section:

1. Petition for tax levy - Election.

2. Result of election - Certification - Record - Tax levy - Funds - Disbursement.

3. Raising, reducing or abolishing tax - Petition and election.

4. Co-ordination of county with city library.

5. Petition for tax levy – Election.


1. Petition for tax levy - Election.

Whenever 100 or more taxpaying electors of any county shall file a petition in the County Court

asking that an annual tax on real and personal property be levied for the purpose of maintaining

and operating a public county library or a county library service or system and shall specify a

rate of taxation not to exceed five mills on the dollar, the question as to whether said tax shall be

levied shall be submitted to the qualified electors of such county at a general or special election.

Such petition must be filed at least thirty days prior to the election at which it will be submitted

to the voters. The ballot shall be in substantially the following form:

FOR a ______ mill tax on real and personal property to be used for maintenance and operation

of a public county library or county library service or system.

AGAINST a ______ mill tax on real and personal property to be used for maintenance and

operation of a public county library or county library service or system. [As amended by Const.

Amend. 72, § 4.]

2. Result of election - Certification - Record - Tax levy - Funds - Disbursement.

The election commissioners shall certify to the County Judge the result of the vote. The County

Judge shall cause the result of the election to be entered of record in the County Court. The result

so entered shall be conclusive unless attacked in the courts within thirty days. If a majority of the

qualified electors voting on the question at such election vote in favor of the specified tax, then it

shall thereafter be continually levied and collected as other general taxes of such county are

levied and collected; provided, however, that such tax shall not be levied against any real or

personal property which is taxed for the maintenance of a city library, pursuant to the provisions

of Amendment No. 30; and no voter residing within such city shall be entitled to vote on the

question as to whether county tax shall be levied. The proceeds of any tax voted for the

maintenance of a county public library or county library service or system shall be segregated by

the county officials and used only for that purpose. Such funds shall be held in the custody of the

County Treasurer. No claim against said funds shall be approved by the County Court unless first

approved by the County Library Board, if there is a county Library Board functioning under Act

244 of 1927 [§§ 17-1001 - 17-1011], or similar legislation.

3. Raising, reducing or abolishing tax - Petition and election.

Whenever 100 or more taxpaying electors of any county having library tax in force shall file a

petition in the County Court asking that such tax be raised, reduced or abolished, the question

shall be submitted to the qualified electors at a general or special election. Such petition must be

filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot

shall follow, as far as practicable, the form set forth in Section 1 hereof. The result shall be

certified and entered of record as provided in Section 2 hereof, and the result as entered of record

shall be conclusive unless attacked in the courts within thirty days. Subject to the limitations of

Section 5(e) hereof, the tax shall be lowered, raised or abolished, as the case may be, according

to the majority of qualified electors voting on the question at such election. If lowered or raised,

the revised tax shall thereafter be continually levied and collected and proceeds used in the

manner and for the purposes as provided in Section 2 hereof. [As amended by Const. Amend. 72,

§ 5.]

4. Co-ordination of county with city library.

Nothing herein shall be construed as preventing the co-ordination of the services of a city public

library and county public library, or the co-ordination of the services of libraries of different

counties.

5. Petition for tax levy - Election.

(a) Whenever 100 or more taxpaying electors of any county shall file a petition in the County

Court asking that an annual tax on real and personal property be levied for the purpose of capital

improvements to or construction of a public county library or a county library service or system

and shall specify a rate of taxation not to exceed three mills on the dollar, the question as to

whether said tax shall be levied shall be submitted to the qualified electors of such county at a

general or special election. Such petition must be filed at least thirty days prior to the election at

which it will be submitted to the voters. The ballot shall be in substantially the following form:

FOR a mill tax on real and personal property to be used for capital improvements to or

construction of a public county library or county library service or system. AGAINST a mill tax

on real and personal property to be used for capital improvements to or construction of a public

county library or county library service or system.

Click to view form.

(b) The voters may authorize the County Court to issue bonds as prescribed by law for capital

improvements to or construction of the library and to authorize the pledge of all, or any part of,

the tax authorized in Section 1 of this Amendment for the purpose of retiring the bonds. The

ballot submitting the question to the voters shall be in substantially the following form:

For a mill tax on real and personal property within the county, to be pledged to an issue or

issues of bonds not to exceed $ , in aggregate principal amount, to finance capital improvements

to or construction of the county library or county library service or system, and to authorize the

issuance of the bonds on such terms and conditions as shall be approved by the County Court.

Against a mill tax on real and personal property within the county, to be pledged to an issue or

issues of bonds not to exceed $ , in aggregate principal amount, to finance capital improvements

to or construction of the county library or county library service or system, and to authorize the

issuance of the bonds on such terms and conditions as shall be approved by the County Court.

Click to view form.

(c) The maximum rate of any special tax to pay bonded indebtedness, as authorized by

paragraph (b) hereof shall be stated on the ballot.

(d) The special tax for payment of bonded indebtedness authorized in paragraph (b) hereof shall

constitute a special fund pledged as security for the payment of such indebtedness. The special

tax shall never be extended for any purpose, nor collected for any greater length of time than

necessary to retire such bonded indebtedness, except that tax receipts in excess of the amount

required to retire the debt according to its terms may, subject to covenants entered into with the

holders of the bonds, be pledged as security for the issuance of additional bonds if authorized by

the voters. The tax for such additional bonds shall terminate within the time provided for the tax

originally imposed. Upon retirement of the bonded indebtedness, any surplus tax collections,

which may have accumulated, shall be transferred to the general funds of the county, and shall be

used for maintenance of the county library or county library service or system.

(e) Notwithstanding any other provision of this Amendment, a tax approved by the voters for the

purpose of paying the bonded indebtedness shall not be reduced or diminished, nor shall it be

used for any other purpose than to pay principal of, premium or interest on, and the reasonable

fees of a trustee or paying agent, so long as the bonded indebtedness shall remain outstanding

and unpaid. [Added by Const. Amend. 72, § 6; amended by Const. Amend. 89.]


Amend. 39.

Voter Registration Laws.

Section:

1. Authority to enact registration law.

1. Authority to enact registration law.

The General Assembly shall have power to enact laws providing for a registration of voters prior

to any general, special, or primary election, and to require that the right to vote at any such

election shall depend upon such previous registration.


Amend. 40.

School District Tax (Const., Art. 14, § 3, As Amended By Const. Amend. 11,

Amended).


Amend. 41.

Election of County Clerks.

Election of county clerk.

The provisions for the election of a County Clerk upon a population basis are hereby abolished

and there may be elected a County Clerk in like manner as a Circuit Clerk, and in such cases, the

County Clerk may be ex officio Clerk of the Probate Court of such county until otherwise

provided by the General Assembly.


Amend. 42.

State Highway Commission.

Section:

1. Commission created - Members - Powers.

2. Qualifications and appointment of members - Terms of office of first commission.

3. Terms of office of members.

4. Removal of members - Hearing - Review and appeal.

5. Vacancies - Filling.

6. Director of Highways.


1. Commission created - Members - Powers.

There is hereby created a State Highway Commission which shall be vested with all the powers

and duties now or hereafter imposed by law for the administration of the State Highway

Department, together with all powers necessary or proper to enable the Commission or any of its

officers or employees to carry out fully and effectively the regulations and laws relating to the

State Highway Department.

2. Qualifications and appointment of members - Terms of office of first commission.

Within ten days after the convening of the General Assembly of the State of Arkansas in the year

1953, the Governor, by and with the advice and consent of the Senate, shall appoint five persons

who are qualified electors of the State to constitute the State Highway Commission for terms of

two, four, six, eight and ten years respectively. The terms of the persons so appointed shall be

determined by lot. The Commissioners to be appointed from the State at large; provided,

however, that no two Commissioners shall be appointed from any single Congressional District.

In the event of rejection by the Senate of a person whose name has been so submitted, the

Governor shall within five days after receipt of written notice from the Secretary of the Senate of

such rejection submit the name of another appointee to fill such vacancy. In the event the

Governor should within five days thereafter fail to appoint or fail to submit to the Senate for

confirmation the name of any person to be appointed, the Senate shall proceed to make the

appointment of its own choice.

3. Terms of office of members.

Upon the expiration of the foregoing terms of said Commissioners, a successor shall be

appointed by the Governor in the manner provided for in Section 2 for a term of ten years, which

term shall thereafter be for each member of the Commission.

4. Removal of members - Hearing - Review and appeal.

A Commissioner may be removed by the Governor only for the same causes as apply to other

constitutional officers after a hearing which may be reviewed by the Chancery Court for the First

District with right of appeal therefrom to the Supreme Court, such review and appeal to be

without presumption in favor of any finding by the Governor or the trial court, and provided

further, in addition to the right of confirmation hereinabove reserved to the Senate, the Senate

may upon the written request of at least Five (5) of its members that a member or members of the

Commission should be removed therefrom, proceed, when in session, to hear any and all

evidence pertinent to the reasons for removal. The member or members whose removal is so

requested shall be entitled to be heard in the matter and to be represented before the Senate by

legal Counsel. These proceedings conducted by the Senate shall be public and a transcript of the

testimony so heard shall be prepared and preserved in the journal of the Senate. The taking of

evidence either orally or by deposition shall not be bound by the formal rules of evidence. Upon

the conclusion of the hearing, the Senate, sitting as a body in executive session, may remove said

member or members of the Commission by a majority vote conducted by secret ballot.

5. Vacancies - Filling.

Vacancies on the Commission due to resignations, death or removal shall be filled by

appointment of the Governor for the unexpired term within thirty days from the date of such

vacancy. Upon failure of the Governor to fill the vacancy within thirty days, the remaining

Commissioners shall make the appointment for the unexpired term.

6. Director of Highways.

The Commission shall appoint a Director of Highways who shall have such duties as may be

prescribed by the Commission or by statute.


Amend. 43.

Salaries and Expenses of Judicial Officers.

Salaries and expenses of judges.

The General Assembly shall by law determine the amount and method of payment of salaries

and expenses of the judges of the Supreme Court, Circuit Courts, Chancery Courts, and

Municipal Courts of Arkansas; provided such salaries and expenses may be increased but not

diminished during the term for which such judges are elected; provided further that the salaries

of Circuit and Chancery Judges shall be uniform throughout the state.


Amend. 44.

[Repealed.]


Amend. 45.

Apportionment (Const., Art. 8, As Amended By Const. Amend. 23, Amended).


Amend. 46.

Horse Racing and Pari-Mutuel Wagering at Hot Springs.

Horse racing and pari-mutuel wagering lawful at Hot Springs.

Horse racing and pari-mutuel wagering thereon shall be lawful in Hot Springs, Garland County,

Arkansas, and shall be regulated by the General Assembly.


Amend. 47.

State Ad Valorem Tax Prohibition.

State ad valorem tax prohibited.

No ad-valorem tax shall be levied upon property by the State.


Amend. 48.

[Repealed.]


Amend. 49.

[Repealed.]


Amend. 50.

Elections Conducted by Ballot or Voting Machine (Const., Art. 3, § 3,

Repealed and New Sections Added).

Section:

1. Repeal of Article III, Section 3.

2. Elections by ballot or voting machines authorized.

3. [Repealed.]

4. Voting machines.


1. Repeal of Article III, Section 3.

Article III, Section 3, of the Constitution of the State of Arkansas is hereby repealed and the

following section is substituted therefor.

2. Elections by ballot or voting machines authorized.

All elections by the people shall be by ballot or by voting machines which insure the secrecy of

individual votes.

3. [Repealed.]

4. Voting machines.

Voting machines may be used to such extent and under such rules as may be prescribed by the

General Assembly.


Amend. 51.

Voter Registration.

Section:

1. Statement of policy.

2. Definitions.

3. Application.

4. Permanent registration.

5. Duties of registration officials.

6. Voter registration application forms.

7. Registration record files.

8. Voter registration application records and reports.

9. Application to register.

10. Transfer and change of status.

11. Cancellation of registration.

12. Loss or destruction of voter registration records.

13. Fail-safe voting.

14. Voter registration lists.

15. Penalties.

16. Severability.

17. Effect on other laws.

18. Appropriations.

19. Amendment.

20. Short title.


1. Statement of policy.

The purpose of this amendment is to establish a system of permanent personal registration as a

means of determining that all who cast ballots in general, special and primary elections in this

State are legally qualified to vote in such elections, in accordance with the Constitution of

Arkansas and the Constitution of the United States.

2. Definitions.

As used in this amendment, the terms:

(a) "County Board of Registration" means the County Board of Election Commissioners in each

of the several counties of this State.

(b) "Permanent Registrar" means the County Clerk in each of the several counties of this State.

(c) "Deputy Registrar" means the Deputy County Clerk or clerical assistants appointed by the

County Clerk.

(d) "Election" means any general, special or primary election held pursuant to any provisions of

the Constitution or statutes of the State of Arkansas; provided, that this amendment shall not

apply to selection of delegates to party conventions by party committees or to selection of party

committeemen by party conventions.

3. Application.

No person shall vote or be permitted to vote in any election unless registered in a manner

provided for by this amendment.

4. Permanent registration.

When a voter is once registered under the provisions of this amendment, it is unnecessary for

such voter again to register unless such registration is cancelled or subject to cancellation in a

manner provided for by this amendment.

5. Duties of registration officials.

(a) Voter registration agencies shall distribute mail voter registration applications, provide

assistance to applicants in completing voter registration application forms, unless the applicant

refuses assistance, and accept completed voter registration application forms for transmittal to

the appropriate permanent registrar via the Secretary of State. Voter registration agencies include

the following:

(1) The Office of Driver Services of the Revenue Division of the Department of Finance and

Administration and all State Revenue Offices;

(2) Public assistance agencies, which shall mean those agencies that provide services under the

Food Stamps, Medicaid, Aid to Families with Dependent Children (AFDC), and the Special

Supplemental Food Program for Women, Infants and Children (WIC) programs;

(3) Disabilities agencies, which shall mean agencies that offer state-funded programs primarily

engaged in providing services to persons with disabilities;

(4) Public libraries; and

(5) The Arkansas National Guard.

(b)(1) The Secretary of State is designated as the chief election official. The Secretary shall

prepare and distribute the pre-addressed postcard mail voter registration application forms

described in 51-6 [section 6] of this amendment. Mail registration application forms shall serve

for purposes of initial applications to register and shall also serve for changes of name, address,

or party affiliation. Bilingual (Spanish/English) forms, braille forms, and large print forms shall

be available upon request. The Secretary of State shall make the state mail voter registration

application form available for distribution through governmental and private entities with

particular emphasis on making them available for organized voter registration programs. Any

person may distribute state registration cards. All registration cards shall be distributed to the

public without charge.

(2) The Office of Driver Services and State Revenue Offices shall provide voter registration

opportunities to those obtaining or renewing drivers licenses, personal identification cards,

duplicate or corrected licenses or cards, or changing address or name whether in person or by

mail. The Office of Driver Services and State Revenue Offices shall use a computer process,

which combines the drivers license and voter registration applications, minimizing duplicative

information, and shall have available the federal or state mail voter registration application form,

which may be used upon request or when the computer process is not available. If a person

declines to apply to register to vote, the Office of Driver Services or State Revenue Office shall

retain the record of declination for two (2) years.

(3) All public assistance agencies shall provide a federal or state mail voter registration

application form with each application for assistance, and with each recertification, renewal or

change of address or name relating to such assistance. Public assistance agencies shall provide

voter registration application forms as part of the intake process, or as a combined computer

process when a computer process is available. Public assistance agencies shall use a process or

form that combines the application for assistance with the voter registration application when

available. Public assistance agencies shall also provide declination forms as described in 51-6

[section 6] of this amendment, which shall be retained for two (2) years if an applicant declines

to apply to register to vote.

(4) All disabilities agencies shall provide a federal or state mail voter registration application

form with each application for services and with each recertification, renewal or change of

address or name relating to such services. Disabilities agencies shall provide voter registration

application forms as part of the intake process, or as a combined computer process when a

computer process is available. Disabilities agencies may use a form that combines the application

for services or assistance with the voter registration application when available. If the disabilities

agency provides services in a person's home, then the agency shall also provide voter registration

services at the person's home. Disabilities agencies shall also provide declination forms as

described in 51-6 [section 6] of this amendment, which shall be retained for two (2) years if an

applicant declines to apply to register to vote.

(c)(1) Employees of the Office of Driver Services and State Revenue Offices shall provide

appropriate nonpartisan voter registration assistance and provide all applicants with a receipt

containing the applicant's name and the date of the submission.

(2) Public assistance agencies and disabilities agencies shall train agency employees to provide

the same degree of assistance in completing voter registration forms as is provided with regard to

the completion of agency forms, unless the applicant refuses such assistance.

(3) Each revenue office, public assistance agency and disabilities agency shall provide ongoing

training for employees who will be assisting persons with voter registration applications and

shall include information regarding training procedures in the report filed with the Secretary of

State pursuant to § 51-8(d) [section 8(d)] of this amendment.

(4) A person who provides voter registration assistance through any voter registration agency

shall not:

(A) Seek to influence an applicant's political preference or party registration;

(B) Display any such political preference or party allegiance;

(C) Make any statement to an applicant or take any action to the purpose or effect of

discouraging the applicant from registering to vote;

(D) Make any statement to an applicant or take any action to the purpose or effect of leading the

applicant to believe that a decision to register or not to register has any bearing on the

availability of services or benefits; or

(E) Disclose any applicant's voter registration information, except as necessary for the

administration of voter registration.

(d) The Permanent Registrar shall provide office and clerical facilities and may employ such

clerical assistants which he may deem necessary to fulfill the duties imposed by this amendment;

provided, that all clerical assistants so employed shall have the qualifications required by law of

eligible voters and shall be selected on the basis of competence and without reference to political

affiliation.

(e) The State Board of Election Commissioners is authorized and, as soon as is possible after the

effective date of this amendment, directed to prescribe, adopt, publish and distribute:

(1) such Rules and Regulations supplementary to this amendment and consistent with this

amendment and other laws of Arkansas as are necessary to secure uniform and efficient

procedures in the administration of this amendment throughout the State;

(2) a Manual of instruction for the information, guidance and direction of election officials

within the state; and

(3) detailed specifications of the registration record files, the voter registration application forms

and other registration forms, including voter registration list maintenance forms, all of which

shall be consistent with this amendment and uniform throughout the State. [As amended by Acts

1995, No. 599, § 1; 1995, No. 947, § 1; 1995, No. 964, § 1.]

6. Voter registration application forms.

(a)(1) The mail voter registration application form may only require identifying information,

including signature or mark, and other information, including data relating to previous

registration by the applicant, as is necessary to assess the applicant's eligibility and to administer

voter registration and other parts of the election process.

(2) Such forms shall include, in identical print, statements that:

(A) Specify voter eligibility requirements;

(B) Contain an attestation that the applicant meets all voter eligibility requirements;

(C) Specify the penalties provided by law for submission of a false voter registration

application;

(D) Inform applicants that where they register to vote will be kept confidential; and

(E) Inform applicants that declining to register will also be kept confidential.

(3) The following information will be required of the applicant:

(A) Full name;

(B) Mailing address;

(C) Residence address and any other information necessary to identify the residence of the

applicant;

(D) If previously registered, the name then supplied by the applicant, and the previous address,

county, and state;

(E) Date of birth;

(F) A signature or mark made under penalty of perjury that the applicant meets each requirement

for voter registration;

(G) If the applicant is unable to sign his or her name, the name, address, and telephone number

of the person providing assistance;

(H) If the applicant has a current and valid driver's license, the applicant's driver's license

number;

(I) If the applicant does not have a current and valid driver's license, the last four (4) digits of the

applicant's social security number; and

(J) If the applicant does not have a current and valid driver's license number or social security

number, the Secretary of State will assign the applicant a number which will serve to identify the

applicant for voter registration purposes, and this number shall be placed on the application.

(4) The following information may be requested on the registration card, but it shall not be

required:

(A) Telephone number where the applicant may be contacted; and

(B) Political party with which the applicant wishes to be affiliated, if any.

(5) The mail voter registration application shall not include any requirement for notarization or

other formal authentication.

(6) The mail voter registration application form shall include the following questions along with

boxes for the applicant to check "yes" or "no" in response:

(A) "Are you a citizen of the United States of America and an Arkansas resident?";

(B) "Will you be eighteen (18) years of age on or before election day?";

(C) "Are you presently adjudged mentally incompetent by a court of competent jurisdiction?";

(D) "Have you ever pleaded guilty or nolo contendere to, or found guilty of a felony without

your sentence having been discharged or pardoned?"; and

(E) "Do you claim the right to vote in another county or state?".

(7) The mail voter registration application form shall include the following statements

immediately following the questions asked in subdivision (a)(6) of this section:

(A) "If you checked "No" in response to either questions A or B, do not complete this form.";

(B) "If you checked "Yes" in response to one or more of questions C, D, or E, do not complete

this form."; and

(C)(i) A statement informing the individual that if the form is submitted by mail and the

individual is registering for the first time, a current and valid photo identification or a copy of a

current utility bill, bank statement, government check, paycheck, or other government document

that shows the name and address of the voter, must be submitted with the mailed registration

form in order to avoid the additional identification requirements upon voting for the first time; or

(ii) When the state acquires the capacity to match the registrant's driver's license number and the

registrant's social security number to the registrant's name, the mail-in voter registration

application form shall include the following statement in lieu of the statement contained in

subdivision (6)(a)(7)(C)(i):

"If your voter registration application form is submitted by mail and you are registering for the

first time, in order to avoid the additional identification requirements upon voting for the first

time you must submit with the mailed registration form: (a) your driver's license number; (b) the

last four digits of your social security number; (c) a current and valid photo identification; or (d)

a copy of a current utility bill, bank statement, government check, paycheck, or other

government document that shows your name and address."

(8) If an applicant for voter registration fails to provide any of the information required by this

section, the permanent registrar shall notify the applicant of the failure and provide the applicant

with an opportunity to complete the form in a timely manner to allow for its completion before

the next election for federal office.

(9) The mail voter registration application shall be pre-addressed to the Secretary of State.

(b)(1) The voter registration application portion of the process used by the Office of Driver

Services and state revenue offices shall include:

(A) The question: "If you are not registered to vote where you live now, would you like to apply

to register to vote here today?";

(B) A statement that, if an applicant declines to register to vote, the fact that the applicant has

declined to register will remain confidential and will be used only for voter registration purposes;

(C) A statement that if an applicant does register to vote, the office at which the applicant

submits a voter registration application will remain confidential and will be used only for voter

registration purposes;

(D) Voter registration eligibility requirements;

(E) Penalties provided by law for providing false information;

(F) An attestation that the applicant meets each eligibility requirement; and

(G) A space for the applicant's signature or mark.

(2) The voter registration application portion shall require the signature of the applicant under

penalty of perjury, but shall not require notarization or other formal authentication.

(c) Public assistance agencies and disabilities agencies shall provide, in addition to the federal or

state mail voter registration application form, a declination form, to be approved by the State

Board of Election Commissioners, which includes the following question and statements:

(1) The question, in prominent type, "IF YOU ARE NOT REGISTERED TO VOTE WHERE

YOU LIVE NOW, WOULD YOU LIKE TO APPLY TO REGISTER TO VOTE HERE

TODAY? YES ... NO ...";

(2) The statement in close proximity to the question above and in equally prominent type, "IF

YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED

NOT TO REGISTER TO VOTE AT THIS TIME";

(3) The statement, "APPLYING TO REGISTER OR DECLINING TO REGISTER TO VOTE

WILL NOT AFFECT THE AMOUNT OF ASSISTANCE THAT YOU WILL BE PROVIDED

BY THIS AGENCY";

(4) The statement, "IF YOU WOULD LIKE HELP IN FILLING OUT THE VOTER

REGISTRATION APPLICATION FORM, WE WILL HELP YOU. THE DECISION

WHETHER TO SEEK OR ACCEPT HELP IS YOURS. YOU MAY FILL OUT THE

APPLICATION FORM IN PRIVATE";

(5) The statement, "IF YOU BELIEVE THAT SOMEONE HAS INTERFERED WITH YOUR

RIGHT TO REGISTER OR TO DECLINE TO REGISTER TO VOTE, YOUR RIGHT TO

PRIVACY IN DECIDING WHETHER TO REGISTER OR IN APPLYING TO REGISTER TO

VOTE, OR YOUR RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY OR OTHER

POLITICAL PREFERENCE, YOU MAY FILE A COMPLAINT WITH THE SECRETARY

OF STATE AT ......." (filled in with the address and telephone number of the Secretary of State's

office);

(6) The statement, "IF YOU DECLINE TO REGISTER TO VOTE, THE FACT THAT YOU

HAVE DECLINED TO REGISTER WILL REMAIN CONFIDENTIAL AND WILL BE USED

ONLY FOR VOTER REGISTRATION PURPOSES"; and

(7) The statement, "IF YOU DO REGISTER TO VOTE, THE OFFICE AT WHICH YOU

SUBMIT A VOTER REGISTRATION APPLICATION WILL REMAIN CONFIDENTIAL

AND WILL BE USED ONLY FOR VOTER REGISTRATION PURPOSES". [As amended by

Acts 1971, No. 828, § 1; 1995, No. 947, § 2; 1995, No. 964, § 2; 2003, No. 995, § 1.]

7. Registration record files.

(a) By the deadline to establish a computerized statewide voter registration database under the

federal Help America Vote Act of 2002, including any waivers or extensions of that deadline, the

Secretary of State shall define, maintain, and administer the official, centralized, and interactive

computerized voter registration list for all voters legally residing within the State.

The list shall include:

(1) The name, address, county, precinct, assigned unique identifier and registration information

of every legally registered voter in the state;

(2) The inactive registration records of persons who have failed to respond to address

confirmation mailings described in § 10 of this amendment;

(3) List maintenance information for each person receiving address confirmation notices or final

address confirmation notices, or both, and the person's response; and

(4) Cancelled voter registration records and documentation noting the reason for cancellation.

(b) The computerized list shall serve as the single system for storing and managing the official

list of registered voters throughout the state.

(c) The computerized list shall serve as the official voter registration list for the conduct of all

elections for federal, state, county, municipal, school, or other office in the state.

(d) The permanent registrar of each county shall maintain copies of that county's precinct voter

registration list from the statewide computerized list as necessary for holding elections.

(e) The computerized list shall be coordinated with other state agency records on felony status as

maintained by the Arkansas Crime Information Center, records on death as maintained by the

State Department of Health, and driver's license records maintained by the Office of Driver

Services, according to § 9 of Amendment 51 to the Arkansas Constitution.

(f) A person with an inactive voter registration status may activate his or her voting status by

appearing to vote at the precinct in which he or she currently resides or by updating his or her

voter registration records with the permanent registrar of the county in which he or she resides.

(g) The county board of election commissioners or other lawfully designated election officials

shall cause the appropriate precinct voter registration lists to be at the polling places on the date

of elections, and shall return them at the close of the election to the office of the permanent

registrar with the ballot boxes.

(h) If the legal residence of a voter is renamed, renumbered, or annexed, the permanent registrar

or any local election official may change the name or number of the legal residence on the voter's

registration record and any other voting records. Within fifteen (15) days after the records are

changed to reflect the new name or number of the residence, the permanent registrar shall notify

the voter by mail that the change has been made.

(i)(1) The Secretary of State and any permanent registrar in the state, may obtain immediate

electronic access to the information contained in the computerized list.

(2) All voter registration information obtained by any local election official in the state shall be

electronically entered into the computerized list on an expedited basis at the time the information

is provided to the local official.

(3) The Secretary of State shall provide the support as may be required so that local election

officials are able to enter the information. [As amended by Acts 1971, No. 299, § 1; 1973, No.

149, §§ 1-4; 1977, No. 563, § 1; 1991, No. 410, § 1; 1995, No. 947, § 3; 1995, No. 964, § 3;

2003, No. 995, § 2.]

8. Voter registration application records and reports.

(a)(1) The Office of Driver Services, State Revenue Offices, public assistance agencies,

disabilities agencies, and other voter registration agencies shall transmit all completed voter

registration applications to the Secretary of State in sufficient time to allow the Secretary of State

to transmit the applications to the appropriate permanent registrar no later than ten (10) days

after the date of acceptance by the assisting agency. When applications are accepted within five

(5) days before the last day of registration for an election, they must be transmitted no later than

five (5) days after the date of acceptance at the assisting agency.

(2) The Secretary of State shall transmit all mail voter registration applications to the

appropriate permanent registrar no later than ten (10) days after the date of receipt. When

applications are received within five (5) days before the last day of registration for an election,

they must be transmitted no later than five (5) days after date of receipt. If forms are received by

the wrong election office, they shall be forwarded to the appropriate permanent registrar not later

than the fifth day after receipt.

(b) The Office of Driver Services, State Revenue Offices, public assistance agencies, disabilities

and other voter registration agencies shall collect data on the number of voter registration

applications completed or declined at each agency, and any additional statistical evidence that

the Secretary of State or the State Board of Election Commissioners deems necessary for

program evaluation and shall retain such voter registration data for a period of two (2) years.

(c)(1) The Secretary of State shall collect, maintain, and publish monthly statistical data

reflecting the number of new voter registration applications, changes of address, name, and party

affiliation, and declinations received by mail and in:

(A) state revenue offices;

(B) public assistance agencies;

(C) disabilities agencies;

(D) recruitment offices of the Armed Forces of the United States;

(E) public libraries; and

(F) offices of the Arkansas National Guard.

(2) Every six (6) months the Secretary of State shall compile a statewide report available to the

public reflecting the statistical data collected pursuant to subsection (a). This report shall be

submitted to the Federal Election Commission for the national report pursuant to section

(9)(a)(3) of the National Voter Registration Act of 1993. The state report shall also include:

(A) numbers of and descriptions of the agencies, and the method of integrating voter registration

in the agencies;

(B) an assessment of the impact of the National Voter Registration Act of 1993 on the

administration of elections;

(C) recommendations for improvements in procedures, forms, and other matters affected by the

National Voter Registration Act of 1993.

(d) Every six (6) months the state-level administration of each voter registration agency shall

issue a report to the Legislative Council and the Secretary of State containing the statistical and

other information collected in each agency office, and recommendations for improvements in

procedures, forms, and other matters, including training.

(e) Information relating to the place where a person registered to vote, submitted a voter

registration application, or updated voter registration records, and information relating to

declination forms is confidential and exempt from the Freedom of Information Act, § 25-19-101,

et seq. [As amended by Acts 1989, No. 540, § 1; 1995, No. 947, § 4; 1995, No. 964, § 4.]

9. Application to register.

(a) All persons may register who:

(1) Are qualified electors and who have not previously registered;

(2) Will become qualified electors during the thirty-day period immediately prior to the next

election scheduled within the county; or

(3) Are qualified electors but whose registration has been cancelled in a manner provided for by

this amendment.

(b) Registration shall be in progress at all times except during the thirty-day period immediately

prior to any election scheduled within the county, during which period registration of voters shall

cease for that election, but registration during such period shall be effective for subsequent

elections.

(c)(1) The permanent registrar shall register qualified applicants when a legible and complete

voter registration application is received and acknowledged by the permanent registrar.

(2) Any person who assists applicants with a voter registration application as part of a voter

registration drive or who gathers or possesses completed applications for submission to the

permanent registrar or Secretary of State in furtherance of a voter registration drive, shall deliver

all applications in his or her possession to the permanent registrar or Secretary of State within

twenty-one (21) days of the date on the voter registration application and, in any event, no later

than the deadline for voter registration for the next election.

(3) The permanent registrar shall register qualified applicants who apply to register to vote by

mail using the state or federal mail voter registration application form if:

(A) A legible and complete voter registration application form is postmarked not later than thirty

(30) days before the date of the election, or, if the form is received by mail without a postmark,

not later than twenty-five (25) days before the date of an election; and

(B)(i) The applicant provides a current valid driver's license number or the last four (4) digits of

the applicant's social security number; or

(ii) If an applicant for voter registration does not have a valid driver's license or a social security

number, the Secretary of State shall assign the applicant a number that will serve as a unique

identifier of the applicant for voter registration purposes.

(d) The permanent registrar shall notify applicants whether their applications are accepted or

rejected, or are incomplete. If information required by the permanent registrar is missing from

the voter registration application, the permanent registrar shall contact the applicant to obtain the

missing information.

(e) The Secretary of State and the Director of the Office of Driver Services shall enter into an

agreement to match information in the database of the statewide voter registration system with

information in the database of the Office of Driver Services to the extent required to enable each

official to verify the accuracy of the information provided on applications for voter registration.

The Director of the Office of Driver Services shall enter into an agreement with the

Commissioner of Social Security to verify driver's license information according to § 303 of the

Federal Help America Vote Act of 2002.

(f) Registration records shall be entered promptly in the computerized statewide registration

record files. If the applicant lacks one (1) or more of the qualifications required by law of voters

in this state, the permanent registrar shall not register the applicant, but shall document the

reason for denying the applicant's registration and promptly file or enter the application and the

documented reason for denying registration in the statewide registration record files.

(g) If the permanent registrar has any reason to doubt the qualifications of an applicant for

registration, he or she shall submit such application to the county board of election

commissioners, and such board shall make a determination with respect to such qualifications

and shall instruct the permanent registrar regarding the same.

(h) If any person eligible to register as a voter is unable to register in person at the permanent

registrar's office by reason of sickness or physical disability, the permanent registrar shall

register the applicant at his or her place of abode within such county, if practicable, in the same

manner as if he or she had appeared at the permanent registrar's office.

(i) Notwithstanding other provisions of this amendment, every person in any of the following

categories who is absent from the place of his or her voting residence may vote without

registration by absentee ballot in any primary, special, or general election held in his or her

election precinct if he or she is otherwise eligible to vote in that election:

(1) Members of the armed forces while in active service, and their spouses and dependents;

(2) Members of the Merchant Marines in the United States, and their spouses and dependents;

(3) Citizens of the United States temporarily residing outside the limits of the United States and

the District of Columbia, and their spouses and dependents when residing with or accompanying

them.

(j)(1) The Secretary of State shall be responsible for providing to all absent uniformed services

voters and overseas voters who wish to register to vote or vote in any jurisdiction in the state,

information regarding voter registration procedures and absentee ballot procedures.

(2) No later than ninety (90) days after the date of each regularly scheduled general election for

federal office, the Secretary of State shall submit a report, based on information submitted to him

or her by the permanent registrars of each county, to the Election Assistance Commission on the

combined number of absentee ballots transmitted to absent uniformed services voters and

overseas voters for the election and the combined number of the ballots which were returned by

the voters and cast in the election.

(3) The Secretary of State shall make the report available to the general public.

(k) Any person whose registration status or voting eligibility is affected adversely by an

administrative determination under this amendment may appeal such adverse determination

within five (5) days of receipt of notice thereof to the county board of election commissioners.

The county board of election commissioners shall act on such appeal and render its decision

within ten (10) days of its receipt. Within thirty (30) days after receipt of such decision, any

aggrieved party may appeal further to the circuit court of the county.

(l) If an election law deadline occurs on a Saturday, Sunday, or legal holiday, the deadline shall

be the next day which is not a Saturday, Sunday, or legal holiday. [As amended by Acts 2003,

No. 995, § 3; Acts 2005, No. 1952, § 1.]

10. Transfer and change of status.

(a) Upon a change of legal residence within the county, or a change of name, any registered

voter may cause his registration to be transferred to his new address or new name by completing

and mailing a federal or state mail voter registration application form, by updating his address at

the Office of Driver Services, any state revenue office, public assistance agency, disabilities

agency, or other voter registration agency, by signing a mailed request to the permanent registrar,

giving his present address and the address at which he was last registered or his present name

and the name under which he was last registered, or by applying in person at the office of the

permanent registrar.

(b) If the change of legal residence is made pursuant to subsection (a) or subdivision (c)(1) of

this section during the thirty-day administrative cut-off period immediately prior to any election

scheduled within the county, the registered voter shall retain his right to vote in the scheduled

election in the precinct to which he just moved.

(c) The permanent registrar shall conduct a uniform, nondiscriminatory address confirmation

program during each odd-numbered year to ensure that voter registration lists are accurate and

current. The address confirmation program shall be completed not later than ninety (90) days

prior to a primary or general election for federal office. Based on change of address data received

from the United States Postal Service or its licensees, or other unconfirmed data indicating that a

registered voter no longer resides at his or her registered address, the permanent registrar shall

send a forwardable address confirmation notice, including a postage-paid and preaddressed

return card, to enable the voter to verify or correct the address information.

(1) If change of address data indicate that the voter has moved to a new residence address in the

same county and, if the county is divided into more than one (1) congressional district, the same

congressional district, the address confirmation notice shall contain the following statement:

"We have received notification that you have moved to a new address in __________________

County (or in the __________________ Congressional District). We will reregister you at your

new address unless, within ten (10) days, you notify us that your change of address is not a

change of your permanent residence. You may notify us by returning the attached postage-paid

postcard or by calling (__________) __________-__________. If this is not a permanent change

of residence and if you do not notify us within ten (10) days you may be required to update your

residence address in order to vote at future elections."

(2) If the change of address data indicates that the voter has moved to a new address in another

county or, if a county is divided into more than one (1) congressional district, to a new address in

the same county but in a new congressional district, the notice shall include the following

statement:

"We have received notification that you have moved to a new address not in

__________________ County (or not in the __________________ Congressional District). If

you no longer live in __________________ County (or in the __________________

Congressional District), you must reregister at your new residence address in order to vote in the

next election. If you are still an Arkansas resident, you may obtain a form to register to vote by

calling your county clerk's office or the Secretary of State. If your change of address is not a

change of your permanent residence, you must return the attached postage-paid postcard. If you

do not return this card and continue to reside in __________________ County (and in the

__________________ Congressional District), you may be required to provide identification and

update your residence address in order to vote at future elections, and if you do not vote at any

election in the period between the date of this notice and the second federal general election after

the date of this notice, your voter registration will be cancelled and you will have to reregister in

order to vote. If the change of address is permanent, please return the attached postage-paid

postcard which will assist us in keeping our voter registration records accurate."

(d) The county clerk may send out an address confirmation to any voter when they receive

unconfirmed information that the voter no longer resides at the address on the voter registration

records. The county clerk shall follow the same confirmation procedure as set forth in subsection

(c).

(e) Based on change of address information received pursuant to subsections (a) and (c) of this

section, the permanent registrar shall:

(1) Update and correct the voter's registration if the information indicates that the voter has

moved to a new address within the same county and the same congressional district;

(2) Designate the voter as inactive if the information indicates the voter has moved to a new

address in another county or to a new address in another congressional district in the same

county or if the address confirmation notices have been returned as undeliverable; or

(3) Cancel the voter registration in the county from which the voter has moved if the voter

verifies in writing that he or she has moved to a residence address in another county. [As

amended by Acts 1977, No. 882, § 1; 1991, No. 581, § 1; 1995, No. 947, § 6; 1995, No. 964, § 6;

1999, No. 1108, § 1.]

11. Cancellation of registration.

(a) It shall be the duty of the permanent registrar to cancel the registration of voters:

(1) Who have failed to respond to address confirmation mailings described in section 10 of this

amendment and have not voted or appeared to vote in an election during the period beginning on

the date of the notice and ending on the day after the date of the second general election for

federal office that occurs after the date of the address confirmation notice;

(2) Who have changed their residence to an address outside the county;

(3) Who have died;

(4) Who have been convicted of felonies and have not discharged their sentence or been

pardoned;

(5) Who are not lawfully qualified or registered electors of this state, or of the county; or

(6) Who have been adjudged mentally incompetent by a court of competent jurisdiction.

(b) It shall be the duty of the permanent registrar of each county upon the registration of a

person who has been registered previously in another county or state to notify promptly the

permanent registrar of such other county or state of the new registration.

(c)(1) It shall be the duty of the State Registrar of Vital Records to notify promptly the Secretary

of State of the death of all residents of this state.

(2)(A) The Secretary of State shall compile a listing of the deceased residents of this state and

shall promptly provide this listing to the permanent registrar of each county.

(B) The deceased voter registration shall be cancelled by the permanent registrar.

(d)(1) It shall be the duty of the circuit clerk of each county upon the conviction of any person of

a felony to notify promptly the permanent registrar of the county of residence of such convicted

felon.

(2)(A) It is the duty of any convicted felon who desires to register to vote to provide the county

clerk with proof from the appropriate state or local agency, or office that the felon has been

discharged from probation or parole, has paid all probation or parole fees, or has satisfied all

terms of imprisonment, and paid all applicable court costs, fines, or restitution.

(B) Proof that the felon has been discharged from probation or parole, paid all probation or

parole fees, or satisfied all terms of imprisonment, and paid all applicable court costs, fines, or

restitution shall be provided to the felon after completion of the probation, parole, or sentence by

the Department of Correction, the Department of Community Correction, the appropriate

probation office or the circuit clerk as applicable.

(C) The circuit clerk, or any other entity responsible for collection, shall provide proof to the

Department of Correction, the Department of Community Correction, or the appropriate

probation office that the felon has paid all applicable court costs, fines, or restitution.

(D) Upon compliance with subdivision (d)(2)(A) of this section, the felon shall be deemed

eligible to vote.

(e) Within ten (10) days following the receipt or possession of information requiring any

cancellation of registration, other than under section 11(a)(1) of this amendment, the permanent

registrar shall cancel the registration, note the date of the cancellation, the reason for the

cancellation, and the person cancelling the registration.

(f)(1) The permanent registrar shall, thirty (30) days before cancellation, notify all persons

whose registration records are to be cancelled in accordance with section 11(a)(1) of this

amendment. The notice may be either by publication or by first class mail. The notice by mail

shall be as follows:

"NOTICE OF IMPENDING CANCELLATION OF VOTER REGISTRATION.

According to our records you have not responded to our address confirmation notice and you

have not voted in any election during the period beginning on the date of the notice and ending

on the day after the date of the second general election for federal office after the date of the first

notice. This may indicate that you no longer live at the residence address printed on the postcard.

If your permanent residence address is still the same as the printed address on this postcard YOU

MUST CONFIRM YOUR RESIDENCE ADDRESS in order to remain on the voter registration

list. If you do not return the attached postcard within thirty (30) days after the date postmarked

on this card YOUR REGISTRATION WILL BE CANCELLED and you will have to re-register

to vote."

(2) When, in response to the notice, a qualified voter requests the permanent registrar not to

cancel the voter registration, the voter registration shall not be cancelled under section 11(a)(1)

of this amendment.

(g) The permanent registrar is authorized, and may be directed by the county board of

registration, to determine by mail check, house to house canvass, or any other reasonable means

at any time within the whole or any part of the county whether active record registration files

contain the names of any persons not qualified by law to vote. Further, upon application based

upon affidavits of one (1) or more qualified voters by the prosecuting attorney for the county, the

circuit judge of the county, for good cause shown, may order the permanent registrar to make

sure determination or to cancel the registration of such unqualified persons. [As amended by

Acts 1977, No. 744, § 1; 1983, No. 11, § 1; 1987, No. 800, § 1; 1991, No. 581, § 2; 1995, No.

947, § 7; 1995, No. 964, § 7; 2001, No. 560, § 1; 2003, No. 271, § 1; 2003, No. 375, § 1; 2003,

No. 1451, § 1.]

12. Loss or destruction of voter registration records.

In the event any Registration Record or File shall become lost or destroyed, the Permanent

Registrar shall prepare, from the remaining Files, temporary copies of the registration records if

necessary for the conduct of any election. The Permanent Registrar shall send notice of such fact

by first-class mail to any voter whose registration record has been lost, destroyed or mutilated in

order that such voter may register again. The previous registration shall be cancelled at the time

of the new registration, and in any event within sixty (60) days after mailing of such notice. [As

amended by Acts 1995, No. 947, § 9; 1995, No. 964, § 9.]

13. Fail-safe voting.

If a voter presents himself at a polling place on the date of an election but no record of his voter

registration can be located by the judges of the election on the precinct voter registration list,

such voter shall be permitted to vote only under the conditions set forth in § 7-5-306 or § 7-7-

308. [As amended by Acts 1973, No. 149, §§ 5, 6; 1995, No. 947, § 10; 1995, No. 964, § 10.]

14. Voter registration lists.

(a) By the first day of June of each year, and at such other times as may be practicable, all

Permanent Registrars shall, and at their discretion at other times may, print or otherwise

duplicate and publish lists of registered voters by precincts, and may distribute such lists

pursuant to §§ 7-5-105 and 7-5-109. A copy of the most current such list in each precinct shall be

furnished the election officials at each precinct at the time the ballot boxes are delivered and such

election officials shall post said list at a conspicuous place in the polling area.

(b) By the first day of June of each year, the Permanent Registrar shall certify to the Secretary of

State the total number of registered voters in the county. The Secretary of State shall tabulate the

total number of registered voters in the state and shall make such information available to

interested persons upon request. [As amended by Acts 1995, No. 947, § 11; 1995, No. 964, §

11.]

15. Penalties.

(a) Any person who shall maliciously and intentionally destroy, steal, mutilate or unlawfully

detain or obtain any voter registration form or any Registration Record Files shall be guilty of a

felony, and upon conviction thereof shall be fined in the sum of not less than one hundred dollars

($100.00) nor more than one thousand dollars ($1,000.00), or be imprisoned in the State

Penitentiary for a period of not less than one (1) year nor more than five (5) years, or both.

(b) Any public official or election official who wilfully violates any provision of this

amendment shall be guilty of a misdemeanor, and upon conviction thereof shall also be removed

from such office.

(c) Any other person who wilfully violates any provision of this amendment shall be guilty of a

misdemeanor. [As amended by Acts 1995, No. 947, § 12; 1995, No. 964, § 12.]

16. Severability.

If any provision of this amendment or the application thereof to any person or circumstance is

held invalid, such invalidity shall not affect other provisions or applications of the amendment

which can be given effect without the invalid provision or application, and to this end the

provisions of this amendment are declared to be severable.

17. Effect on other laws.

This amendment supersedes and repeals the requirement of Amendment No. 8 that a poll tax

receipt be presented prior to registration or voting, and further supersedes and repeals Act 19 of

1964 and all other laws or parts of laws in conflict herewith.

18. Appropriations.

The General Assembly shall make such appropriations as may be required for the effectuation of

this amendment.

19. Amendment.

The General Assembly may, in the same manner as required for amendment of laws initiated by

the people, amend Sections 5 through 15 of this amendment, so long as such amendments are

germane to this amendment, and consistent with its policy and purposes.

20. Short title.

This amendment shall be known as the "Arkansas Amendment for Voter Registration without

Poll Tax Payment."


Amend. 52.

Community Colleges.

Section:

1. General Assembly may establish districts to furnish community college instruction and

technical training.

2. Prior approval of majority of qualified voters in proposed district required.

1. General Assembly may establish districts to furnish community college instruction

and technical training.The General Assembly may by law provide for the establishment of districts for the purpose of

providing community college instruction and technical training. The General Assembly shall

prescribe the method of financing such communuity college and technical institutes, and may

authorize the levy of a tax upon the taxable property in such districts for the acquisition,

construction, reconstruction, repair, expansion, operation, and maintenance of facilities therefor.

2. Prior approval of majority of qualified voters in proposed district required.

No such district shall be created and no such tax shall be levied upon the property in an

established district except upon approval of a majority of the qualified electors of such proposed

or established district voting thereon. Provided that any millage so approved by the electors of a

district shall be a continuing levy until increased, reduced or repealed in such manner as may be

provided by law, providing they shall ever remain a community college and shall never be

extended into four-year institutions.


Amend. 53.

Free School System (Const., Art. 14, § 1, Amended).


Amend. 54.

Purchase of Printing, Stationery and Supplies.

Section:

1. Contracts given to lowest responsible bidder.


1. Contracts given to lowest responsible bidder.

The printing, stationery, and supplies purchased by the General Assembly and other departments

of government shall be under contracts given to the lowest responsible bidder, below such

maximum price and under such regulations as shall be prescribed by law. No member or officer

of any department of government shall in any way be interested in such contracts.


Amend. 55.

Revision of County Government.

Section:

1. Power of quorum court.

2. Composition of quorum court - Power over elective offices.

3. Power of county judge.

4. Powers of quorum court.

5. Compensation of county officers fixed by quorum court.

6. Bonding of county officers.


1. Power of quorum court.

(a) A county acting through its Quorum Court may exercise local legislative authority not

denied by the Constitution or by law.

(b) No county may declare any act a felony or exercise any authority not relating to county

affairs.

(c) A county may, for any public purpose, contract, cooperate, or join with any other county, or

with any political subdivisions of the State or any other states or their political subdivisions, or

with the United States.

2. Composition of quorum court - Power over elective offices.

(a) No county's Quorum Court shall be comprised of fewer than nine (9) justices of the peace,

nor comprised of more than fifteen (15) justices of the peace. The number of justices of the peace

that comprise a county's Quorum Court shall be determined by law. The county's Election

Commission shall, after each decennial census, divide the county into convenient and single

member districts so that the Quorum Court shall be based upon the inhabitants of the county with

each member representing, as nearly as practicable, an equal number thereof.

(b) The Quorum Court may create, consolidate, separate, revise, or abandon any elective county

office or offices except during the term thereof; provided, however, that a majority of those

voting on the question at a general election have approved said action.

3. Power of county judge.

The County Judge, in addition to other powers and duties provided for by the Constitution and

by law, shall preside over the Quorum Court without a vote but with the power of veto; authorize

and approve disbursement of appropriated county funds; operate the system of county roads;

administer ordinances enacted by the Quorum Court; have custody of county property; hire

county employees, except those persons employed by other elected officials of the county.

4. Powers of quorum court.

In addition to other powers conferred by the Constitution and by law, the Quorum Court shall

have the power to override the veto of the County Judge by a vote of three-fifths of the total

membership; fix the number and compensation of deputies and county employees; fill vacancies

in elective county offices; and adopt ordinances necessary for the government of the county. The

Quorum Court shall meet and exercise all such powers as provided by law.

5. Compensation of county officers fixed by quorum court.

Compensation of each county officer shall be fixed by the Quorum Court within a minimum and

maximum to be determined by law. Compensation may not be decreased during a current term;

provided, however, during the interim, from the date of adoption of this Amendment until the

first day of the next succeeding month following the date of approval of salaries by the Quorum

Court, salaries of county officials shall be determined by law. Fees of the office shall not be the

basis of compensation for officers or employees of county offices. Per diem compensation for

members of the Quorum Court shall be fixed by law.

6. Bonding of county officers.

All County Officers shall be bonded as provided by law.


Amend. 56.

Constitutional Officers - General Assembly.

Section:

1. Executive department - Composition.

2. [Repealed.]

3. [Repealed.]

4. Compensation of municipal officers.

1. Executive department - Composition.

The Executive Department of this State shall consist of a Governor, Lieutenant Governor,

Secretary of State, Treasurer of State, Auditor of State, Attorney General, and Commissioner of

State Lands, all of whom shall keep their offices at the seat of government, and hold their offices

for the term of two (2) years, and until their successors are elected and qualified.

2. [Repealed.]

3. [Repealed.]

4. Compensation of municipal officers.

Compensation of municipal officers and officials shall be fixed by the governing body of the

municipality, not to exceed limits which may be established by law.


Amend. 57.

Intangible Personal Property.

Section:

1. Intangible personal property - Assessment and taxation.

2. Effect on other constitutional provisions.

1. Intangible personal property - Assessment and taxation.

The General Assembly may classify intangible personal property for assessment at lower

percentages of value than other property and may exempt one or more classes of intangible

personal property from taxation, or may provide for the taxation of intangible personal property

on a basis other than ad valorem.

2. Effect on other constitutional provisions.

The provisions of this Amendment shall be in lieu of those provisions of Article 16, Section 5 of

the Constitution of the State of Arkansas relating to the assessment and taxation of intangible

personal property.


Amend. 58.

[Repealed.]


Amend. 59.

Taxation (Const., Art. 16, § 5 Repealed; §§ 5, 14, 15, 16 Added).

Amend. 60.

1982 Interest Rate Control Amendment (Const., Art. 19, § 13, Amended).


Amend. 61.

County Road Tax.

County quorum courts may annually levy a county road tax not to exceed three (3) mills on the

dollar on all taxable real and personal property within their respective counties. Revenues

derived from the county road tax shall be used for the sole purpose of constructing and repairing

public roads and bridges within the county wherein levied. The authority granted by this

amendment shall be in addition to all other taxing authority of the county quorum courts.


Amend. 62.

Local Capital Improvement Bonds.

Section:

1. Local capital improvement bonds authorized - Election - Taxes - Limit on indebtedness -

Suspension of tax levy.

2. Issuance of bonds to secure and develop industry - Levy of tax - Suspension of collection -

Limit on tax levy.

3. Sale of bonds - Procedure.

4. Maximum rate of tax stated on ballot - Borrowing prior to issuance of bonds.

5. Special tax constitutes special fund - Disbursement of surplus.

6. Conduct of elections.

7. Provisions self-executing.

8. Taxes levied and bonds authorized prior to amendment.

9. Joint project of various governing bodies - Compact agreement elections.

1. Local capital improvement bonds authorized - Election - Taxes - Limit on

indebtedness - Suspension of tax levy.

(a) The legislative body of a municipality or county, with the consent of a majority of the

qualified electors voting on the question at an election called for that purpose, may authorize the

issuance of bonds for capital improvements of a public nature, as defined by the General

Assembly, in amounts approved by a majority of those voting on the question either at an

election called for that purpose or at a general election. The General Assembly shall prescribe a

uniform method of calling and holding such elections and the terms upon which the bonds may

be issued. If more than one purpose is proposed, each shall be stated separately on the ballot. The

election shall be held no earlier than thirty (30) days after it is called by the legislative body. The

tax to retire the bonds may be an ad valorem tax on real and personal property. Other taxes may

be authorized by the General Assembly or the legislative body to retire the bonds.

(b) The limit of the principal amount of bonded indebtedness of the municipality or county

which may be outstanding and unpaid at the time of issuance of any bonds secured by a tax on

real or personal property, except for bonds issued for industrial development purposes pursuant

to Section 2 hereof, shall be a sum equal to ten percent (10%) for a county or twenty percent

(20%) for a municipality of the total assessed value for tax purposes of real and personal

property in the county or municipality, as determined by the last tax assessment.

(c) The municipality or county may from time to time, suspend the collection of a levy, when

not required for the payment of its bonds, subject to the covenants with the bondholders.

(Amended by Amend. 89.)

2. Issuance of bonds to secure and develop industry - Levy of tax - Suspension of

collection - Limit on tax levy.

(a) In addition to the authority for bonded indebtedness set forth in Section 1, any municipality

or county may, with the consent of the majority of the voters voting on the question at an

election held for that purpose, issue bonds in sums approved by such majority at that election for

the purpose of financing facilities for the securing and developing of industry within or near the

county or municipality holding the election.

(b) To provide for payment of principal and interest of the bonds issued pursuant to the section,

as they mature, the municipality or county may levy a special tax, not to exceed five (5) mills on

the dollar of the taxable real and personal property therein. However, the municipality or county

may, from time to time, suspend the collection of such annual levy when not required for the

payment of its bonds. In no event shall any parcel of real and personal taxable property be

subject to a special tax levied under the authority of this Section in excess of five (5) mills for

bonds issued under this Section.

3. Sale of bonds - Procedure.

The bonds described in Section 2 hereof shall be sold only at public sale after twenty (20) days

advertisement in a newspaper having a bona fide circulation in the municipality or county issuing

such bonds; provided, however, that the municipality or county may exchange such bonds for

bonds of like amount, rate or interest, and length of issue.

4. Maximum rate of tax stated on ballot - Borrowing prior to issuance of bonds.

The maximum rate of any special tax to pay bonded indebtedness as authorized in Sections 1 and

2 hereof shall be stated on the ballot. After such bond issue has been approved by the electorate,

the municipality or county may, prior to the issuance of the bonds, borrow funds on an interim

basis, not to exceed three (3) years, and pledge to the payment thereof the tax approved by the

voters.

5. Special tax constitutes special fund - Disbursement of surplus.

The special tax for payment of bonded indebtedness authorized in Sections 1 and 2 hereof shall

constitute a special fund pledged as security for the payment of such indebtedness. The special

tax shall never be extended for any other purpose, nor collected for any greater length of time

than necessary to retire such bonded indebtedness, except that tax receipts in excess of the

amount required to retire the debt according to its terms may, subject to covenants entered into

with the holders of the bonds, be pledged as security for the issuance of additional bonds if

authorized by the voters. The tax for such additional bonds shall terminate within the time

provided for the tax originally imposed. Upon retirement of the bonded indebtedness, any

surplus tax collections which may have accumulated shall be transferred to the general funds of

the municipality or county.

6. Conduct of elections.

The General Assembly may enact laws governing the conduct of elections authorized by this

Amendment. Absent the enactment of such laws, such elections shall be held, called and

conducted in accordance with the laws governing elections generally. The results of such

election shall be published in a newspaper of general circulation in the county or municipality (as

the case may be) and any contest of such election or the tabulation of the votes therein shall be

brought within thirty (30) days after such publication or shall be forever barred.

7. Provisions self-executing.

The provisions of this Amendment shall be self-executing.

8. Taxes levied and bonds authorized prior to amendment.

Taxes levied prior to the effective date of this Amendment shall continue in force until abolished,

reduced, or increased as provided by law. All bonds and other evidences of indebtedness

authorized prior to the effective date of this Amendment shall be governed by the Constitutional

provision and laws in effect at the time of authorization.

9. Joint project of various governing bodies - Compact agreement elections.

Whenever two or more cities of the First or Second Class, or incorporated towns, and/or one or

more counties and the school districts therein, desire to join together in a combined effort to

secure and develop industries within one or more of such cities, towns, counties, and share in the

increased revenues estimated to be received by the city, town, or county, or school district, in

which the industry or industries are to be located, they may, upon adoption by the governing

bodies of each such city, town, school district, or county, enter into a compact setting forth the

terms by which each of the participating cities, towns, school districts, and counties is to share in

the revenues to be derived from the location of an industrial plant within the compact area

through the combined efforts of the various participating cities, towns, school districts, and

counties. Upon adoption of such compact by the governing bodies of the participating cities,

towns, school districts, and/or counties, the county court of each of the counties involved shall

cause a special election to be called within not more than forty-five (45) days from the date of

the filing of such compact with the county court. At such special election, the qualified electors

of each of the cities, towns, school districts, and counties shall vote on whether to approve the

compact and the method of sharing in increased revenues to be derived by the city, school

district, and/or county in which the proposed industry is to be located among the various

participating cities, towns, counties, and school districts. The ballot at such election shall be in

substantially the following form:

"FOR the establishment of an industrial development compact and the sharing of revenues to be

derived from additional taxes to be generated by new industries

AGAINST the establishment of an industrial development compact and the sharing of revenues

to be derived from additional taxes to be generated by new industries"

Said election shall be conducted in accordance with the election laws of this State, and the results

thereof tabulated and certified to the County Clerk in the manner now provided by law. If a

majority of the qualified electors voting on the question vote in favor of the creation of the

compact, and the sharing of revenues to be derived from new industries located in the compact

area, the said compact shall be implemented in accordance with the terms thereof. If a majority

of the qualified electors voting on said issue vote against issue at said special election, no

additional election on said issue may be held within one (1) year from the date of said election.

The results of said election shall be proclaimed by the county court of each of the counties in

which the county and/or cities and towns, or school districts, are located. The results of said

election shall be conclusive unless attacked in the courts within thirty (30) days.


Amend. 63.

Four Year Terms for State Constitutional Officers.

Section:

1. Executive Department - Term of office.

1. Executive Department - Term of office.

The Executive Department of this State shall consist of a Governor, Lieutenant Governor,

Secretary of State, Treasurer of State, Auditor of State, Attorney General and Commissioner of

State Lands, all of whom shall keep their offices at the seat of government, and hold their offices

for the term of four (4) years, and until their successors are elected and qualified.

Amend. 64.

[Repealed.]


Amend. 65.

Revenue Bonds.

Section:

1. Issuance - Terms and conditions.

2. Purpose of issuance.

3. Definitions.

4. Authority exclusive - Interest - Initiative and referendum.


1. Issuance - Terms and conditions.

Subject to the provisions of Section 2 hereof, any governmental unit, pursuant to laws heretofore

or hereafter adopted by the General Assembly, may issue revenue bonds for the purpose of

financing all or a portion of the costs of capital improvements of a public nature, facilities for the

securing and developing of industry or agriculture, and for such other public purposes as may be

authorized by the General Assembly. Such bonds may bear such terms, be issued in such

manner, and be subject to such conditions, all as may be authorized by the General Assembly;

and the General Assembly may, but shall not be required to, condition the issuance of such bonds

upon an election.

2. Purpose of issuance.

(a) No revenue bonds shall be issued by or on behalf of any governmental unit if the primary

purpose of the bonds is to loan the proceeds of the bonds, or to lease or sell the facilities financed

with the proceeds of the bonds, to one or more private business users for shopping centers or

other establishments engaged in the sale of food or goods at retail.

(b) No revenue bonds shall be issued by or on behalf of any governmental unit without the

consent of a majority of the qualified electors voting on the question at an election held in

accordance with state law if the primary purpose of the bonds is to loan the proceeds of the

bonds, or to lease or sell the facilities financed with the proceeds of the bonds, to one or more

private business users for hotels or motels, rental or professional office buildings, or facilities for

recreation or entertainment.

3. Definitions.

(a) The term "revenue bonds" as used herein shall mean all bonds, notes, certificates or other

instruments or evidences of indebtedness the repayment of which is secured by rents, user fees,

charges, or other revenues (other than assessments for local improvements and taxes) derived

from the project or improvements financed in whole or in part by such bonds, notes, certificates

or other instruments or evidences of indebtedness, from the operations of any governmental unit,

or from any other special fund or source other than assessments for local improvements and

taxes.

(b) The term "governmental unit" as used herein shall mean the State of Arkansas; any county,

municipality, or other political subdivision of the State of Arkansas; any special assessment or

taxing district established under the laws of the State of Arkansas; and any agency, board,

commission, or instrumentality of any of the foregoing.

4. Authority exclusive - Interest - Initiative and referendum.

This amendment shall be the sole authority required for the authorization, issuance, sale,

execution and delivery of revenue bonds authorized hereby. Nothing herein shall be construed to

impair the initiative and referendum powers reserved to the people under Amendment No. 7 to

the Constitution of the State of Arkansas. (Amended by Const. Amend. 89.)


Amend. 66.

Judicial Discipline And Disability Commission.

(a) Commission: Under the judicial power of the State, a Judicial Discipline and Disability

Commission is established and shall be comprised of nine persons: three justices or judges,

appointed by the Supreme Court; three licensed attorneys in good standing who are not justices

or judges, one appointed by the Attorney General, one by the President of the Senate, and one by

the Speaker of the House; and three members appointed by the Governor. The members

appointed by the Governor shall not be justices or judges, retired justices or judges, or attorneys.

Alternate members shall be selected and vacancies filled in the same manner.

(b) Discipline, Suspension, Leave, and Removal: The Commission may initiate, and shall

receive and investigate, complaints concerning misconduct of all justices and judges, and

requests and suggestions for leave or involuntary disability retirement. Any judge or justice may

voluntarily request that the Commission recommend suspension because of pending disciplinary

action or leave because of a mental or physical disability. Grounds for sanctions imposed by the

Commission or recommendations made by the Commission shall be violations of the

professional and ethical standards governing judicial officers, conviction of a felony, or physical

or mental disability that prevents the proper performance of judicial duties. Grounds for

suspension, leave, or removal from office shall be determined by legislative enactment.

(c) Discipline: If, after notice and hearing, the Commission by majority vote of the membership

determines that grounds exist for the discipline of a judge or justice, it may reprimand or censure

the judge or justice, who may appeal to the Supreme Court. The Commission may, if it

determines that grounds exist, after notice and hearing, and by majority vote of the membership,

recommend to the Supreme Court that a judge or justice be suspended, with or without pay, or be

removed, and the Supreme court, en banc, may take such action. Under this amendment, a judge

who also has executive or legislative responsibilities shall be suspended or removed only from

judicial duties. In any hearing involving a Supreme Court justice, all Supreme Court justices

shall be disqualified from participation.

(d) Leave and Retirement: If, after notice and hearing, the Commission by majority vote of the

membership determines that a judge or justice is unable because of physical or mental disability

to perform the duties of office, the Commission may recommend to the Supreme Court that the

judge or justice be granted leave with pay or be retired, and the Supreme Court, en banc, may

take such action. A judge or justice retired by the Supreme Court shall be considered to have

retired voluntarily as provided by law.

(e) Vacancies: Vacancies created by suspension, the granting of leave or the removal of a judge

or justice, or vacancies created by disqualification of justices, shall be filled as provided by law.

(f) Rules: The Supreme Court shall make procedural rules implementing this amendment and

setting the length of terms on the Commission.

(g) Cumulative Nature: This amendment is alternative to, and cumulative with, impeachment

and address authorized by this Constitution.


Amend. 67.

Jurisdiction of Matters Relating to Juveniles and Bastardy.

The General Assembly shall define jurisdiction of matters relating to juveniles (persons under

eighteen (18) years of age) and matters relating to bastardy and may confer such jurisdiction

upon chancery, circuit or probate courts, or upon separate divisions of such courts, or may

establish separate juvenile courts upon which such jurisdiction may be conferred, and shall

transfer to such courts the jurisdiction over bastardy and juvenile matters now vested in county

courts by Section 28 of Article 7 of this Constitution.


Amend. 68.

Abortion.

Section:

1. Public funding.

2. Public policy.

3. Effect of amendment.


1. Public funding.

No public funds will be used to pay for any abortion, except to save the mother's life.

2. Public policy.

The policy of Arkansas is to protect the life of every unborn child from conception until birth, to

the extent permitted by the Federal Constitution.

3. Effect of amendment.

This amendment will not affect contraceptives or require an appropriation of public funds.


Amend. 69.

Repeal of Amendment 44 (Protection of States' Rights).


Amend. 70.

Executive Department and General Assembly Salaries - Restrictions on

Expense Reimbursements.

Section:

1. Executive Department and General Assembly - Salaries - Restrictions on reimbursements.

2. Additional Constitutional amendments authorized.

3. Salary adjustments.

4. Effective date.

5. Repeal of Amendment 56, Sections 2 and 3.


1. Executive Department and General Assembly - Salaries - Restrictions on

reimbursements.

(a) No official of the Executive Department shall be reimbursed by the State of Arkansas for

any expenses except those reasonably connected to their official duties and only if such

reimbursement is made for documented expenses actually incurred and from the regular budget

appropriated for the official's office. Such restrictions on expense reimbursement are of a general

application and also are intended specifically to prohibit the appropriation and use of public

relations funds. The annual salaries of the Executive Department, which shall be paid in monthly

installments, shall be as follows: the Governor, the sum of $60,000; the Lieutenant Governor, the

sum of $29,000; the Secretary of State, the sum of $37,500; the Treasurer of State, the sum of

$37,000; the Attorney General, the sum of $50,000; the Commissioner of State Lands, the sum

of $37,500; and the Auditor of State, the sum of $37,500. Except as provided herein, such

officials of the Executive Department shall not receive any other income from the State of

Arkansas, whether in the form of salaries or expenses.

(b) The members of the General Assembly shall receive as their annual salary the sum of

$12,500, except the President Pro Tempore of the Senate and the Speaker of the House of

Representatives, who shall each receive the sum of $14,000 annually, with such salaries to be

payable in equal monthly installments. Except as provided herein, no member of the General

Assembly shall receive any other income for service in the General Assembly, whether in the

form of salaries or expenses, including, but not limited to, public relations funds. Provided

further, that no member of the General Assembly shall be entitled to per diem unless authorized

by law, or to reimbursement for expenses or mileage unless authorized by law, documented, and

reasonably related to their official duties.

2. Additional Constitutional amendments authorized.

In addition to the three amendments to the Constitution allowed pursuant to Article 19, § 22,

either branch of the General Assembly at a regular session thereof may propose an amendment to

the Constitution to change the salaries for the offices of Governor, Lieutenant Governor,

Attorney General, Secretary of State, Treasurer of State, Commissioner of State Lands, and

Auditor of State and for members of the General Assembly. If the same be agreed to by a

majority of all members elected to each house, such proposed amendment shall be entered on the

journals with the yeas and nays, and published in at least one newspaper in each county, where a

newspaper is published, for six months immediately preceding the next general election for

Senators and Representatives, at which time the same shall be submitted to the electors of the

State for approval or rejection. If a majority of the electors voting at such election adopt the

amendment the same shall become a part of this Constitution. Only one amendment to the

Constitution may be referred pursuant to this section.

3. Salary adjustments.

The salaries of the Executive Department officials and members of the General Assembly

provided for in Section 1 or 2 of this amendment or adjusted pursuant to this section may be

increased annually through subsequent appropriations by the General Assembly by an amount

not to exceed the average percentage increase in the Consumer Price Index for All Urban

Consumers or its successor, as published by the United States Department of Labor, for the two

years immediately preceding the year of the salary appropriation.

4. Effective date.

The provisions of this amendment shall be effective on January 1, 1993.

5. Repeal of Amendment 56, Sections 2 and 3.

Section 2 and Section 3 of Amendment 56 to the Arkansas Constitution are hereby repealed.


Amend. 71.

Personal Property Taxes.

Section:

1. Exemption from ad valorem taxes.

2. Motor vehicles - Procedures for assessment and collection.

3. Supersession of Article 16, Section 5.

4. Effective date.


1. Exemption from ad valorem taxes.

Items of household furniture and furnishings, clothing, appliances, and other personal property

used within the home, if not held for sale, rental, or other commercial or professional use, shall

be exempt from all ad valorem taxes levied by any city, county, school district, or other taxing

unit in this state.

2. Motor vehicles - Procedures for assessment and collection.

In addition to the method established by law for assessing and collecting real and personal

property taxes, the General Assembly may establish special procedures, in lieu thereof, for the

assessment and collection of annual personal property taxes on motor vehicles, owned by

individuals, at the time of issuance or renewal of the registration and the license thereof. Personal

property taxes collected on motor vehicles under such procedures shall be based on the assessed

value of the vehicles determined at the time the tax is paid, computed at the rate of personal

property taxes levied during the preceding November, in the manner provided by law, in the

taxing units in which the owner of the motor vehicle resides, or in which the motor vehicle is

regularly located and assessed, and the taxpayer shall not be required to pay ad valorem taxes

upon such motor vehicle based on the assessment for the previous year. In no event may more

than one year's personal property taxes be collected on the same vehicle in the same year.

Personal property taxes collected on motor vehicles under such procedures shall be remitted to

the counties in which due, for distribution, as revenues of the year in which collected, to the

respective taxing units in the manner provided by law.

3. Supersession of Article 16, Section 5.

The provisions of this amendment shall be in lieu of those provisions of Article 16, Section 5 of

the Constitution of the State of Arkansas relating to the assessment and taxation of tangible

personal property.

4. Effective date.

This amendment shall be in effect from and after January 1, 1993.


Amend. 72.

City and County Library Amendment (Const. Amends. 30 and 38, §§ 1 and 3,

Amended, Const. Amends. 30 and 38, § 5, Added).


Amend. 73.

Arkansas Term Limitation Amendment.

Preamble: The people of Arkansas find and declare that elected officials who remain in office

too long become preoccupied with reelection and ignore their duties as representatives of the

people. Entrenched incumbency has reduced voter participation and has led to an electoral

system that is less free, less competitive, and less representative than the system established by

the Founding Fathers. Therefore, the people of Arkansas, exercising their reserved powers,

herein limit the terms of elected officials.

Section:

1. Executive Branch.

2. Legislative Branch.

3. Congressional Delegation.

4. Severability.

5. Provisions Self-executing.

6. Application.


1. Executive Branch.

(a) The Executive Department of this State shall consist of a Governor, Lieutenant Governor,

Secretary of State, Treasurer of State, Auditor of State, Attorney General, and Commissioner of

State Lands, all of whom shall keep their offices at the seat of government, and hold their offices

for the term of four years, and until their successors are elected and qualified.

(b) No elected officials of the Executive Department of this State may serve in the same office

more than two such four year terms.

2. Legislative Branch.

(a) The Arkansas House of Representatives shall consist of members to be chosen every second

year by the qualified electors of the several counties. No member of the Arkansas House of

Representatives may serve more than three such two year terms.

(b) The Arkansas Senate shall consist of members to be chosen every four years by the qualified

electors of the several districts. No member of the Arkansas Senate may serve more than two

such four year terms.

3. Congressional Delegation.

(a) Any person having been elected to three or more terms as a member of the United States

House of Representatives from Arkansas shall not be certified as a candidate and shall not be

eligible to have his/her name placed on the ballot for election to the United States House of

Representatives from Arkansas.

(b) Any person having been elected to two or more terms as a member of the United States

Senate from Arkansas shall not be certified as a candidate and shall not be eligible to have

his/her name placed on the ballot for election to the United States Senate from Arkansas.

4. Severability.

The provisions of this Amendment are severable, and if any should be held invalid, the

remainder shall stand.

5. Provisions Self-executing.

Provisions of this Amendment shall be self-executing.

6. Application.

(a) This Amendment to the Arkansas Constitution shall take effect and be in operation on

January 1, 1993, and its provisions shall be applicable to all person thereafter seeking election to

the offices specified in this Amendment.

(b) All laws and constitutional provisions which conflict with this Amendment are hereby

repealed to the extent that they conflict with this amendment.


Amend. 74.

School tax - Budget - Approval of tax rate (Const., Art. 14, § 3, as amended by

Const. Amend. 11 and Const. Amend. 40, amended).


Amend. 75.

Environmental enhancement funds.

Section:

1. Statement of purpose.

2. Excise tax levied.

3. Use of proceeds.

4. Administrative procedures.

1. Statement of purpose.

The people of the State of Arkansas find that fish, wildlife, parks, tourism and natural heritage

constitute a major economic and natural resource of the state and they desire to provide

additional funds to the Arkansas Game and Fish Commission, the Department of Parks and

Tourism, the Department of Heritage and Keep Arkansas Beautiful.

2. Excise tax levied.

(a) There is hereby levied an additional excise tax of one-eighth of one percent (1/8 of 1%)

upon all taxable sales of property and services subject to the tax levied by the Arkansas Gross

Receipts Act (Arkansas Code § 26-52-101 et seq.), and such tax shall be collected, reported, and

paid in the same manner and at the same time as is prescribed by law for the collection, reporting

and payment of all other Arkansas gross receipts taxes.

(b) There is hereby levied an additional excise tax of one-eighth of one percent (1/8 of 1%) upon

all tangible personal property subject to the tax levied by the Arkansas Compensating Tax Act

(Arkansas Code § 26-53-101 et seq.), and such tax shall be collected, reported, and paid in the

same manner and at the same time as is prescribed by law for the collection, reporting and

payment of Arkansas compensating taxes.

3. Use of proceeds.

(a) Notwithstanding any provision of Amendment 35 or any other provision of the Arkansas

Constitution to the contrary, forty-five percent (45%) of all monies collected from the tax levied

herein shall be deposited in the State Treasury as special revenues and credited to the Game

Protection Fund to be used exclusively by the Arkansas Game and Fish Commission, as

appropriated by the General Assembly.

(b) Forty-five percent (45%) of all monies collected from the tax levied herein shall be deposited

in the State Treasury as special revenues and credited to the Department of Parks and Tourism

Fund Account to be used by the Department of Parks and Tourism for state park purposes, as

appropriated by the General Assembly.

(c) Nine percent (9%) of all monies collected from the tax levied herein shall be deposited in the

State Treasury as special revenues and credited to the Arkansas Department of Heritage Fund

Account to be used exclusively by the Department of Heritage as appropriated by the General

Assembly.

(d) One percent (1%) of all monies collected from the tax levied herein shall be deposited in the

State Treasury as special revenues and credited to the Keep Arkansas Beautiful Fund Account,

which is hereby created on the books of the State Treasurer, State Auditor and the Chief Fiscal

Officer of the State, to be used exclusively by Keep Arkansas Beautiful, as appropriated by the

General Assembly.

4. Administrative procedures.

(a) The General Assembly shall provide for the proper administration and enforcement of this

amendment by law.

(b) Unless the General Assembly provides another procedure by law, the provisions of the

Arkansas Tax Procedure Act, Sections 26-18-101 et seq., shall so far as practicable be applicable

to the tax levied by this amendment and the reporting, remitting and enforcement of the tax.


Amend. 76.

The Congressional Term Limits Amendment of 1996 (Const. Amend. 73, § 3,

amended).

Section:

1. Congressional Delegation (Const. Amend. 73, § 3 amended).


1. Congressional Delegation (Const. Amend. 73, § 3 amended).

Section 3 of Amendment 73 to the Arkansas Constitution is hereby amended to add to the current

language the following subsections:

(c) The foregoing provisions in sections (a) and (b) shall be revived upon passage of appropriate

federal laws.

(d) It is the official position of the people of the State of Arkansas that all of our elected officials

should vote to enact, by amendment to the United States Constitution, term limits for members

of the United States Congress that are not longer than: three (3) two-year terms in the United

States House of Representatives, nor two (2) six-year terms in the United States Senate,

respectively.

(e) It is the will of the people of the State of Arkansas that the following amendment be added to

the United States Constitution:

"Congressional Term Limits Amendment

"Section A. No person shall serve in the office of United States Representative for more than

three terms, but upon ratification of the Congressional Term Limits Amendment no person who

has held the office of United States Representative or who then holds the office shall serve for

more than two additional terms.

"Section B. No person shall serve in the office of United States Senator for more than two terms,

but upon ratification of the Congressional Term Limits Amendment no person who has held the

office of United States Senator or who then holds the office shall serve more than one additional

term.

"Section C. This article shall have no time limit within which it must be ratified by the

legislatures of three-fourths of the several states.

(f)(1) As provided in this subsection, and in subsections (h) and (j) of this section, at each

primary, special, and general election for the office of United States Representative, United

States Senator, or any state legislator, the ballot shall inform voters regarding any incumbent and

non-incumbent candidate's failure to support "The Congressional Term Limits Amendment"

proposed above.

(g) Each member of the Arkansas Delegation to the United States Congress is hereby instructed

to use all of the powers of the Congressional office to pass the Congressional Term Limits

Amendment set forth in subsection (e) above.

(h) All primary, general, and special election ballots shall have the information

"DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" printed adjacent to the name

of any United States Representative or United States Senator who:

(1) Failed to vote in favor of the Congressional Term Limits Amendment proposed in subsection

(e) when brought to any vote;

(2) Failed to second the Congressional Term Limits Amendment proposed in subsection (e) if it

lacked for a second before any proceeding of the legislative body;

(3) Failed to propose or otherwise bring to a vote of the full legislative body the Congressional

Term Limits Amendment proposed in subsection (e) above if it otherwise lacked a legislator who

so proposed or brought to a vote of the full legislative body the Congressional Term Limits

Amendment proposed in subsection (e) above; or

(4) Failed to vote in favor of discharging the Congressional Term Limits Amendment proposed

in subsection (e) before any committee or subcommittee upon which the Legislator served in the

respective legislative body; or

(5) Failed to vote against or reject any attempt to delay, table, or otherwise prevent a vote by the

full legislative body on the Congressional Term Limits Amendment set forth in subsection (e); or

(6) Failed to vote against any term limits proposal with terms longer than those set forth in the

Congressional Term Limits Amendment proposed in subsection (e); or

(7) Sponsored or co-sponsored any proposed constitutional amendment or law that proposes

term limits longer than those in the Congressional Term Limits Amendment set forth in

subsection (e); or

(8) Failed to ensure that all legislative votes on Congressional Term Limits were recorded and

made available to the public.

(i) The information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" shall

not appear adjacent to the names of candidates for Congress if the Congressional Term Limits

Amendment set forth in subsection (e) is before the states for ratification or has become a part of

the United States Constitution.

(j) Notwithstanding any other provision of Arkansas law:

(1) A non-incumbent candidate for the office of United States Representative, United States

Senator, State Representative, or State Senator, shall be permitted to sign a "Term Limits

Pledge" each time the non-incumbent files as a candidate for such an office. A candidate who

declines to sign the "Term Limits Pledge" shall have "DECLINED TO PLEDGE TO SUPPORT

TERM LIMITS" printed adjacent to the candidate's name on the election ballot;

(2) Each time a non-incumbent candidate for United States Senator, United States

Representative, State Senator, or State Representative files for candidacy for those offices, the

candidate shall be offered the "Term Limits Pledge" until the United States Constitution has been

amended to limit United States Senators to two terms in office and United States Representative

to three terms in office;

(3) The "Term Limits Pledge" that each non-incumbent candidate for state and federal

legislative offices shall be offered is as follows:

"I support Congressional Term Limits and pledge to use all of my legislative powers to enact the

proposed Congressional Term Limits Amendment set forth in the United States Congressional

Term Limits Amendment of 1996. If elected, I pledge to act and to vote in such a way that the

information 'DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS' will not appear

next to my name."

The pledge form will provide a space for the signature of the candidate and the date of the

signature.

(k) The House of Representatives of the State of Arkansas, and the Arkansas Senate, due to the

desire of the people of the State of Arkansas to establish term limits for the Congress of the

United States, are hereby instructed to make the following application to the United States

Congress, pursuant to their powers under Article V of the United States Constitution, to wit:

"We, the people and the legislature of the State of Arkansas, due to our desire to establish term

limits on the members of the Congress of the United States, hereby make application to the

United States Congress, pursuant to our power under Article V of the United States Constitution,

to call a convention for proposing amendments to the Constitution."

(l) Each state legislator is hereby instructed to use all powers delegated to each legislator to pass

the Article V application to the United States Congress set forth in subsection (k) above, and to

ratify, if proposed, the Congressional Term Limits Amendment set forth above.

(m) Not withstanding any other provision of Arkansas Law:

(1) All primary, general, and special election ballots shall have the information

"DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" printed adjacent to the name

of any State Senator or State Representative who:

(A) Failed to vote in favor of the application set forth in subsection (k) above when brought to a

vote; or

(B) Failed to second the application set forth in subsection (k) above if it lacked a second; or

(C) Failed to vote in favor of all votes bringing the application set forth in subsection (k) above

before any committee or subcommittee upon which the legislator served; or

(D) Failed to propose or otherwise bring to a vote of the full legislative body the application set

forth in subsection (k) if it otherwise lacked a legislator who so proposed or brought to a vote of

the full legislative body the application set forth above; or

(E) Failed to vote against any attempt to delay, table, or otherwise prevent a vote by the full

legislative body on the application set forth in subsection (k) above; or

(F) Failed in any way to ensure that all votes on the application set forth in subsection (k) were

recorded and made available to the public; or

(G) Failed to vote against any change, addition, or modification to the application set forth in

subsection (k) above; or

(H) Failed to attend a hearing, session, or vote of the legislative body concerning any aspect of

consideration of the proposals in subsection (e) and subsection (k) above, where such failure to

attend resulted in any failure to obtain a quorum sufficient to conduct business; or

(I) Failed to move for, second, or vote in favor of a roll-call vote on any aspect of consideration

of the proposals in subsection (e) and subsection (k) above, where such failure resulted in the

defeat of any aspect of subsection (e) and subsection (k) above, without recording the votes of

individual legislators to be held accountable at a later time.

(J) Failed to vote against any effort to rescind the application.

(K) Failed to vote in favor of the amendment set forth in subsection (e) above, when the

amendment was sent to the states for ratification; or

(L) Failed to vote against any term limits amendment with terms longer than the limits set forth

in the proposed amendment in subsection (e) above, when such an amendment is ssent [sic] to

the states for ratification.

(2) The information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" as

required by any of subsection (1)(A) through (1)(J) shall not appear adjacent to the names of the

candidates for the state legislature if the State of Arkansas has made application to Congress for

a convention for proposing amendments to the United States Constitution pursuant to this

amendment and such application is currently effective, has not been withdrawn, and has not

expired.

(3) The information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" as

required by either of subsections (1)(K) or (1)(L) shall not appear adjacent to the names of the

candidates for the state legislature if: The Congressional Term Limits Amendment set forth

above has been submitted to the states for ratification and ratified by the Arkansas Legislature; or

the Congressional Term Limits Amendment set forth and proposed in subsection (e) has become

a part of the United States Constitution.

(n)(1) The Secretary of State of the State of Arkansas shall be responsible for making an

accurate determination as to whether a candidate for state or federal legislative office shall have

placed next to the candidate's name on the election ballot the information "DISREGARDED

VOTERS' INSTRUCTION ON TERM LIMITS" or the information "DECLINED TO PLEDGE

TO SUPPORT TERM LIMITS" and for certifying the appropriate indication to the appropriate

county clerks and other appropriate voting officials.

(2) The Secretary of State, in accordance with subsection (1) of this subsection, shall be

responsible for making an accurate determination from any reliable source.

(3) The Secretary of State shall consider timely submitted public comments prior to making the

determination required in subsection (1) of this section.

(4) The Secretary of State, in accordance with subsections (1), (2), and (3) of this subsection

shall determine and declare what information, if any, shall appear adjacent to the names of each

incumbent state and federal legislator if the incumbent were to be a candidate in the next general

election and shall certify such information to the appropriate county clerks and other appropriate

voting officials.

In the case of United States Representatives and United States Senators, this determination,

declaration, and certification shall be made in a fashion necessary to ensure orderly printing of

primary and general election ballots with allowance made for all legal action provided in

subsections (5), (6) and (7), below, and shall be based upon each Congressional member's

actions during their current term of office and any actions taken in any concluded term, if such

action was taken after the determination and declaration was made by the Secretary of State

previously.

In the case of incumbent state legislators, this determination and declaration shall be made not

later than thirty (30) days after the end of the regular session following each general election, and

shall be based upon legislative action in the previous regular session or any action taken in any

special session in the previous four (4) years, but in no event upon any actions taken before the

adoption of this amendment.

The Secretary of State shall provide official notification to the incumbents by certified mail and

to the public by official media statement and legal publication in a newspaper of statewide

circulation at least two separate times prior to the election, in accordance with the time frames

set forth herein.

(5) The Secretary of State shall determine, declare, and certify what information, if any, shall

appear adjacent to the names of non-incumbent candidates for state and federal legislator, not

later than five (5) business days after the deadline for filing for the office. The Secretary of State

shall provide official notification to the candidate by certified mail and to the public by official

media statement and legal publication in a newspaper of statewide circulation at least two

separate times prior to the election, in accordance with the time frames set forth herein.

(6) If the Secretary of State makes the determination that the information "DISREGARDED

VOTERS' INSTRUCTION ON TERM LIMITS" OR "DECLINED TO PLEDGE TO SUPPORT

TERM LIMITS" shall not be certified for placement on the ballot adjacent to the name of a

candidate for senator or representative for state or federal office, any candidate or elector may

appeal such decision to the Arkansas Supreme Court as an original action within five (5)

business days after the second official newspaper publication of the determination by the

Secretary of State or shall waive any right to appeal such decision. The burden of proof shall be</