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Kristin Higgins
Public Policy Center
Phone: 501-671-2160
Email: khiggins@uada.edu
University of Arkansas System Division of Agriculture
Cooperative Extension Service
2301 S. University Avenue
Little Rock, AR 72204
Last Special Elections Yield Low Turnout, Mixed Results
Special elections are now history in Arkansas. Voters across the state in a handful of communities decided special elections Tuesday, including whether to build a new fire station, expand a jail, or to build a water park.
Election results were mixed and voter turnout was low. That low voter turnout is one reason legislators passed Act 300 in the 2023 Arkansas legislative session to require local ballot issues be on the spring or fall ballot with candidates unless there is an emergency.
"Local governments in Arkansas have used special elections held at irregular times consistently to raise taxes on our citizens. And in many instances this is a deliberate strategy aimed at keeping turnout low so that the folks who do show up are those with a vested interest in the passage of that measure," said Rep. David Ray, the bill's sponsor during the legislative session.
There is not a central database of local elections in Arkansas. According to an informal Secretary of State list, at least four Arkansas counties asked voters for input on sales tax proposals. Various news websites show there were a few more local ballot issue elections than what had been reported to the state.
Voters rejected the proposals in three communities and approved new funding in two communities. Turnout in each election was drastically smaller than the number of registered voters in those communities.
Unofficial Results
Both taxes failed by a vote of 1,490 to 1,959 for the temporary general sales tax, and 1,560 to 1,763 for the police and fire sales tax.
Pine Bluff voters rejected the same two proposals in a May 2023 special election, with that election attracting a few hundred more voters.
Special Elections No More?
Research from the University of Central Arkansas reflects that between 1981 and 2020, 82% of local sales tax elections took place during special elections. Another 14% took place during fall general elections.
Starting Jan. 1, 2024, communities will have only two dates they can propose issues to voters.
- In a presidential-election year, special elections would be allowed the second Tuesday
in March or November. The issues would be on the ballot with candidates.
- In non-presidential election years, cities and counties could hold special elections on the second Tuesday of May or November. This is typically when school board elections occur.
What Is Considered An Emergency?
Act 300 allows cities and counties to hold an election on a different date in case of emergency. The law defines an emergency to mean that:
- A substantial change has occurred in the interpretation of the law by a federal or
state courts which if not addressed by an election will render the governing entity
incapable of performing its lawful duties and obligations;
- Circumstances due to a fire, flood, tornado, or other natural disaster which if not
addressed by an election will render the governing entity financially incapable of
performing its lawful duties and obligations;
- Circumstances that the governing body of the entity requesting the election has determined
to be an imminent danger to public health and safety;
- A delay of the emergency special election until the next date under this section would cause a substantial and undue hardship to the governing entity or a threat to the public peace, health, and safety.