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Arkansas Increase in Length of Term in Office for Some County Officials, Issue 1 (2016)
| Arkansas Issue 1 | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic County and municipal governance | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
| 2016 measures |
|---|
 |
| November 8 |
| Issue 1 |
| Issue 2 |
| Issue 3 |
| Issue 6 |
| Polls |
| Voter guides |
| Campaign finance |
| Signature costs |
The Arkansas Increase in Length of Term in Office for Some County Officials Amendment, also known as Issue 1, was on the November 8, 2016, ballot in Arkansas as a legislatively referred constitutional amendment.[1] It was approved.
| A "yes" vote supported increasing the term lengths for elected county judges, county court clerks, and county surveyors from two years to four years and prohibiting certain elected county officials from being appointed or elected to a different civil office during their term. |
| A "no" vote opposed this proposal, keeping two-year term lengths for county judges, court clerks, and surveyors. |
Election results
| Issue 1 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 747,856 | 70.22% | ||
| No | 317,093 | 29.78% | ||
- Election results from Arkansas Secretary of State
Overview
Issue 1 increased the term lengths of the following county officials from two years to four years:[1][2]
- County judges
- County clerks
- Circuit clerks
- County surveyors
- Assessors
- Coroners
- Sheriffs
- Tax collectors
- Treasurers
The measure prevented the above listed officials, along with justices of the peace, from serving in civil office simultaneously. Issue 1 also authorized the Arkansas Legislature to pass laws providing that no election needs to be held for an office if only one individual is running unopposed. Lastly, the measure defined "infamous crime," something which precludes individuals from holding office. The measure defined "infamous crime" as a felony offense, abuse of office, tampering, or misdemeanor deceit, fraud, or false statement.
Issue 1 passed through the Arkansas Legislature as House Joint Resolution 1027, receiving all but two "yea" votes in the House and unanimous approval in the Senate.[1]
Text of measure
Popular name
The popular name was as follows:[3]
| “ | Proposing an Amendment to the Arkansas Constitution Concerning the Terms, Election, and Eligibility of Elected Officials[4] | ” |
Ballot title
The ballot title for Issue 1 was as follows:[3]
| “ | Proposing an amendment to the Arkansas Constitution concerning elected officials; providing for terms of office for certain county officials for four (4) years; providing that certain county officers shall not be appointed or elected to a civil office during their elected term; allowing a candidate for an office to be certified as elected without appearing on the ballot when he or she is the only candidate for the office at the election; and defining the term 'infamous crime' for the purpose of determining the eligibility of elected officials to hold office.[4] | ” |
Constitutional changes
Note: Hover over the text and scroll to see the full text.
§ 13. Procedures for elections with one candidate.
(a) As used in this section, "election" means:
- (1) A primary election;
- (2) A special primary election;
- (3) A general election; and
- (4) A special election.
(b) The General Assembly may enact laws providing that if there is only one (1) person qualified as a candidate for an office after all deadlines for filing as a candidate have passed so that there will be only one (1) name listed on the election ballot for the office and no write-in candidates qualify to appear as candidates for the office on the election ballot:
- (1) The one (1) candidate for the office shall be declared elected and his or her name shall not appear on the election ballot;
- (2) The name of the candidate declared elected shall be certified as elected in the same manner as if the candidate had been voted upon at the election; and
- (3) The election shall not be held if no other office or issue is on the election ballot.
SECTION 2. Arkansas Constitution, Article 5, § 9, is amended to read as follows:
§ 9. Persons convicted ineligible.
(a) No person hereafter convicted of embezzlement of public money, bribery, forgery, or other infamous crime, shall be is eligible to the General Assembly or capable of holding any office of trust or profit in this State state.
(b) As used in this section, "infamous crime" means:
- (1) A felony offense;
- (2) Abuse of office as defined under Arkansas law;
- (3) Tampering as defined under Arkansas law; or
- (4) A misdemeanor offense in which the finder of fact was required to find, or the defendant to admit, an act of deceit, fraud, or false statement, including without limitation a misdemeanor offense related to the election process.
SECTION 3. Arkansas Constitution, Article 7, § 19, is amended to read as follows:
§ 19. Circuit clerks — Election — Term of office — Ex-officio 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 four (4) years, and shall be ex-officio ex officio clerks of the county and probate courts and recorder; provided, that in any county having a population exceeding fifteen thousand (15,000) inhabitants, as shown by the last Federal federal census, there shall be elected a county clerk, in like manner as the clerk of the circuit court, for the term of four (4) years, and in such case the county clerk shall be ex-officio ex officio clerk of the probate court of such county until otherwise provided by the General Assembly.
SECTION 4. Arkansas Constitution, Article 7, § 29, is amended to read as follows:
§ 29. County judge — Election — Term — Qualifications.
The Judge of the County Court judge of the county court shall be elected by the qualified electors of the county for the term of two four (4) years. He or she shall be at least twenty-five (25) years of age, a citizen of the United States, a man an individual of upright character, of good business education, and a resident of the State state for two (2) years before his or her election; and a resident of the county at the time of his or her election, and during his or her continuance in office.
SECTION 5. Arkansas Constitution, Article 7, § 46, is amended to read as follows:
§ 46. County executive officers — Compensation of county assessor.
The qualified electors of each county shall elect one (1) Sheriff sheriff, who shall be ex-officio ex officio collector of taxes, unless otherwise provided by law; one (1) Assessor assessor, one (1) Coroner coroner, one (1) Treasurer treasurer, who shall be ex-officio ex officio treasurer of the common school fund of the county, and one (1) County Surveyor; county surveyor for the term of two four (4) years, with such duties as are now or may be prescribed by law: Provided, provided that no per centum shall ever be paid to assessors upon the valuation or assessment of property by them. If a separate collector of taxes has been created by law for a county, the qualified electors of that county shall elect one (1) collector of taxes for a term of four (4) years, with duties as provided by law.
SECTION 6. Arkansas Constitution, Article 7, is amended to add an additional section to read as follows:
§ 53. County officers ineligible to civil office.
A person elected or appointed to any of the following county offices shall not, during the term for which he or she has been elected, be appointed or elected to any civil office in this state:
- (1) County judge;
- (2) Justice of the peace;
- (3) Sheriff;
- (4) Circuit clerk;
- (5) County clerk;
- (6) Assessor;
- (7) Coroner;
- (8) Treasurer;
- (9) County surveyor; or
- (10) Collector of taxes.
SECTION 7. Arkansas Constitution, Amendment 41, is amended to read as follows:
Election of county clerk.
The provisions for the election of aSECTION 8. EFFECTIVE DATE.
(a) This amendment shall be effective on and after January 1, 2017.
(b) Persons elected to the following offices at the 2016 general election shall serve terms of two (2) years:
- (1) County judge;
- (2) Sheriff;
- (3) Circuit clerk;
- (4) County clerk;
- (5) Assessor;
- (6) Coroner;
- (7) Treasurer;
- (8) County surveyor; and
- (9) Collector of taxes.
(c) Persons elected to the following offices at the 2018 general election shall serve terms of four (4) years:
- (1) County judge;
- (2) Sheriff;
- (3) Circuit clerk;
- (4) County clerk;
- (5) Assessor;
- (6) Coroner;
- (7) Treasurer;
- (8) County surveyor; and
- (9) Collector of taxes.[4]
Background
The topic of term lengths for government officials appeared on Arkansas statewide ballots only once before. Arkansas Proposed Amendment 66 in 1986 was an initiated constitutional amendment that sought to provide four-year terms of office for elected county officers and justices of the peace. It was defeated by just over 2 percentage points.
Support
Yes on 1, also known as the Coalition for Arkansas Election Reform, led the campaign in support of Issue 1.[5]
Issue 1 was sponsored by Rep. Jack Ladyman (R-59) in the Arkansas Legislature and received a 98 percent approval vote.[1]
Supporters
- Gov. Asa Hutchinson (R)[6]
- Association of Arkansas Counties[7]
Arguments
Rep. Jack Ladyman (R-59), sponsor of the amendment in the legislature, said:[7]
| “ | I call this an efficiency bill. When you come into office, you have things you want to do and you have management styles that might be different from the past [officeholder], and it takes awhile to get that in place.
With a two-year term, you would be campaigning within six months. So I understand when the county executives say they're campaigning all the time.[4] |
” |
The University of Arkansas Division of Agriculture's 2016 Ballot Issue Guide summarized proponents' arguments in four bullet points:[2]
| “ |
|
” |
Opposition
Reps. Nate Bell (I-20) and Kim Hendren (R-92) were the only legislators to vote against Issue 1 in the Arkansas Legislature.[8]
Arguments
Rep. Nate Bell (I-20) voted against placing the amendment on the ballot. He argued:[7]
| “ | The longer a term someone has the less responsive they are to the voters. The idea that they can't do their jobs and handle a political campaign, it may indicate they're not sufficiently qualified to hold office.[4] | ” |
The University of Arkansas Division of Agriculture's 2016 Ballot Issue Guide summarized opponents' arguments in four bullet points:[2]
| “ |
|
” |
Campaign finance
The Coalition for Arkansas Election Reform supported Issue 1. The committee received a total of $23,425 in contributions.[9]
Arkansas for Free Enterprise, which raised $29,000, supported Issue 2 and opposed Issue 1, 3, and 6. It is impossible to distinguish funds spent on each individual measure.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $23,425.00 | $0.00 | $23,425.00 | $23,425.00 | $23,425.00 |
| Oppose | $29,000.00 | $0.00 | $29,000.00 | $28,935.00 | $28,935.00 |
| Total | $52,425.00 | $0.00 | $52,425.00 | $52,360.00 | $52,360.00 |
Support
The following table includes contribution and expenditure totals for the committee(s) supporting the measure.[10]
| Committees in support of Issue 1 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Coalition for Arkansas Election Reform | $23,425.00 | $0.00 | $23,425.00 | $23,425.00 | $23,425.00 |
| Total | $23,425.00 | $0.00 | $23,425.00 | $23,425.00 | $23,425.00 |
Donors
The following were the top donors to the support committee(s).[9]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Financial Intelligence LLC | $2,500.00 | $0.00 | $2,500.00 |
| Gout Service Auto. | $2,500.00 | $0.00 | $2,500.00 |
| Justice Solutions LLC | $2,500.00 | $0.00 | $2,500.00 |
| TaxPro LLC | $2,500.00 | $0.00 | $2,500.00 |
| SimPAC (Simmons Bank) | $1,500.00 | $0.00 | $1,500.00 |
Opposition
The following table includes contribution and expenditure totals for the committee(s) opposing the measure.[9]
| Committees in opposition to Issue 1 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Arkansas for Free Enterprise | $29,000.00 | $0.00 | $29,000.00 | $28,935.00 | $28,935.00 |
| Total | $29,000.00 | $0.00 | $29,000.00 | $28,935.00 | $28,935.00 |
Donors
The following were the top donors to the opposition committee(s).[9]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Conduit for Action | $14,500.00 | $0.00 | $14,500.00 |
| Political Strategies LLC | $14,500.00 | $0.00 | $14,500.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Path to the ballot
- See also: Amending the Arkansas Constitution
Section 22, Article 19, of the Arkansas Constitution says that a majority vote is required in both houses of the Arkansas Legislature in order to send a measure to the ballot.
The Arkansas House of Representatives passed HJR 1027 on April 1, 2015, with 87 "yeas" and two "nays." The Senate approved it the next day with 33 "yeas" and zero "nays."[8]
House vote
April 1, 2015
| Arkansas HJR 1027 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 87 | 97.75% | ||
| No | 2 | 2.25% | ||
Senate vote
April 2, 2015
| Arkansas HJR 1027 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 33 | 100.00% | ||
| No | 0 | 0.00% | ||
State profile
| Demographic data for Arkansas | ||
|---|---|---|
| Arkansas | U.S. | |
| Total population: | 2,977,853 | 316,515,021 |
| Land area (sq mi): | 52,035 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 78% | 73.6% |
| Black/African American: | 15.5% | 12.6% |
| Asian: | 1.4% | 5.1% |
| Native American: | 0.6% | 0.8% |
| Pacific Islander: | 0.2% | 0.2% |
| Two or more: | 2.1% | 3% |
| Hispanic/Latino: | 6.9% | 17.1% |
| Education | ||
| High school graduation rate: | 84.8% | 86.7% |
| College graduation rate: | 21.1% | 29.8% |
| Income | ||
| Median household income: | $41,371 | $53,889 |
| Persons below poverty level: | 22.9% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Arkansas. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Arkansas
Arkansas voted Republican in all seven presidential elections between 2000 and 2024.
Pivot Counties (2016)
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, one is located in Arkansas, accounting for 0.5 percent of the total pivot counties.[11]
Pivot Counties (2020)
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Arkansas had one Retained Pivot County, 0.55 percent of all Retained Pivot Counties.
More Arkansas coverage on Ballotpedia
- Elections in Arkansas
- United States congressional delegations from Arkansas
- Public policy in Arkansas
- Endorsers in Arkansas
- Arkansas fact checks
- More...
Related measures
| County and municipal governance measures on the ballot in 2016 | |
|---|---|
| State | Measures |
| Alabama | Alabama Restriction of Police and Planning Jurisdiction in Calhoun County, Amendment 10 |
Recent news
The link below is to the most recent stories in a Google news search for the terms Arkansas 2016 Issue 1 County Term Limit. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Basic information
- House Joint Resolution 1027
- Arkansas 2016 Ballot Issues
- University of Arkansas 2016 Guide to Arkansas Ballot Measures
Support
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Arkansas Legislature, "HJR 1027," accessed April 2, 2015
- ↑ 2.0 2.1 2.2 University of Arkansas, "2016 Arkansas Ballot Issues Voter Guide," accessed October 8, 2016
- ↑ 3.0 3.1 Arkansas Secretary of State, "2016 Ballot Issues," accessed September 9, 2016
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Yes on 1, "Homepage," accessed October 13, 2016
- ↑ Southwest Times Record, "Referred issues will be on Arkansas general election ballots, too," September 11, 2016
- ↑ 7.0 7.1 7.2 Northwest Arkansas Democrat Gazette, "4-year county terms on Arkansas ballot," October 3, 2016
- ↑ 8.0 8.1 Arkansas Legislature, "HJR 1027 History," accessed April 2, 2015
- ↑ 9.0 9.1 9.2 9.3 Arkansas Ethics Commission, "Local-Option/Ballot/Legislative Question Committee Filings," accessed January 9, 2017
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedsup - ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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