When does majority-party status attach for Arkansas county election commission composition?
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This page answers the general question as of 2014. Ezel answers yours: what it means for your facts, under current Arkansas law, with citations.
Plain-English summary
After the November 2014 general election (in which Republican candidates won all of Arkansas's constitutional state offices), Senator Eddie Joe Williams asked the AG to clarify when "majority party status" attaches for purposes of county election commissions.
AG Dustin McDaniel's answer: status attaches at the election but board composition changes in January of the following odd-numbered year.
The Election Code defines "majority party" as "that political party in the State of Arkansas whose candidates were elected to a majority of the constitutional offices of this state in the last preceding general election." Once the November 2014 results were certified, the Republican Party became the majority party. The "minority party" is the party whose candidates were elected to less than a majority of the constitutional offices, or (if all constitutional officers are from one party) the party that polled the second-greatest vote total for governor.
But the change in who sits on county boards of election commissioners runs on a separate timeline. A.C.A. § 7-4-102 provides that "in January of each odd-numbered year following the election of county committee officers" members of the county board shall be elected by their respective county committees. Each county board has three members: two elected by the majority party's county committee, one by the minority party's county committee.
So even though Republicans became the majority party in November 2014, the actual change in the composition of county boards (with Republicans now electing two members instead of one) would not happen until January 2015. Existing commissioners hold over until their successors are appointed and qualified (A.C.A. § 7-4-105(a)). Commissioners qualify by appearing before the county clerk to take the oath of office within 30 days of selection (A.C.A. § 7-4-102(b)(2)).
The opinion also addressed vacancy filling. A vacancy is filled by the "county committee of the appropriate party," which the AG interpreted as the party of the commissioner who vacated. If the county committee does not select a new commissioner within 45 days, the state party chair makes the appointment. The opinion flagged a transitional wrinkle: if a county board seat held by a party that was previously the majority (and is now becoming the minority) becomes vacant between the November election and January, that party still holds two seats during the transition window and is free to fill the vacancy. After January, that party loses its second seat regardless.
Currency note
This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
What is the "majority party" for purposes of election administration?
The party whose candidates were elected to a majority of the constitutional state offices in the last preceding general election (A.C.A. § 7-1-101(17)). The constitutional offices include governor, lieutenant governor, attorney general, secretary of state, auditor, treasurer, and land commissioner. As of the 2014 election, Republicans held all of them.
Why does the majority party get two seats and the minority only one?
The statutory structure assumes that the majority party reflects the political preferences of the state's voters at the time and entitles that party to additional administrative voice on election commissions. The structure also ensures both parties have at least one seat, preserving cross-party oversight.
When do new commissioners take office?
County committees elect members in January of odd-numbered years. New commissioners must take the oath of office before the county clerk within 30 days of their selection (A.C.A. § 7-4-102(b)(2)). Existing commissioners hold over until their successors are appointed and qualified.
Who fills mid-term vacancies on a county board?
The county committee of the same party as the commissioner who vacated, by majority vote. If the committee does not act within 45 days, the state party chair appoints the replacement. A.C.A. § 7-4-102(f).
Can a commissioner be removed by their own party?
Yes. A.C.A. § 7-4-102(e) provides that commissioners serve at the pleasure of their respective county committees and may be removed by majority vote of the committee.
What if a vacancy happens between the November election and January?
The party that held the seat keeps the seat through the transition period. So if the previously-majority party had a vacancy in December 2014, it could still fill the seat (with two seats), even though it was becoming the minority party effective January 2015. After January, the new composition takes effect regardless.
Background and statutory framework
A.C.A. § 7-1-101 contains the basic Election Code definitions. Subsection (17) defines "majority party" by reference to the prior general election results for constitutional state offices. Subsection (20) defines "minority party" symmetrically.
A.C.A. § 7-4-102 governs county boards of election commissioners. Subsection (a) creates a three-member board: two from the majority party's county committee, one from the minority party's county committee. Subsection (a)(1) sets the selection timing as January of odd-numbered years following the election of county committee officers. Subsection (b)(2) requires commissioners to qualify by oath within 30 days. Subsection (e) makes commissioners serve at the pleasure of their county committees. Subsection (f) governs vacancy filling (county committee first; state party chair after 45 days).
A.C.A. § 7-4-105(a) provides that commissioners hold office until their successors are appointed and qualified, supplying the holdover rule that prevents gaps between terms.
A.C.A. § 7-3-104(a)(1) establishes that county committee members are elected by majority vote at primary elections. A.C.A. § 7-7-203(a) and (b) set the primary dates: the general primary on the second Tuesday in June preceding the general election; the preferential primary three weeks before that.
The opinion's analysis turns on the legal fact that majority-party status is determined by the most recent general election (so November 2014 produced the change in status), while board composition is reset only in odd-numbered Januaries (so January 2015 is when the actual seats change hands).
Citations
- A.C.A. § 7-1-101(17) (definition of "majority party")
- A.C.A. § 7-1-101(20) (definition of "minority party")
- A.C.A. § 7-3-104(a)(1) (county committee member elections)
- A.C.A. § 7-4-102 (county board of election commissioners)
- A.C.A. § 7-4-102(a) (three-member board composition)
- A.C.A. § 7-4-102(b)(2) (30-day oath requirement)
- A.C.A. § 7-4-102(e) (commissioners serve at pleasure of county committee)
- A.C.A. § 7-4-102(f) (vacancy filling)
- A.C.A. § 7-4-105(a) (holdover provision)
- A.C.A. § 7-7-203(a), (b) (primary election dates)
- Op. Att'y Gen. 2013-023 (county election commission terms)
Source
Official summary
To ensure a smooth transition on all county election commissions, please clarify when majority party status attaches. Does this occur on the date the election is certified or another date?
RESPONSE: Although the status of the "majority party" was determined at the November 4, 2014, general election, and the majority party is now the Republican Party (see A.C.A. 7-1-101(17)), there will be no change in the composition of the county boards until sometime in January, 2015, because A.C.A. § 7-4-102 provides for the selection of commissioners in January of odd-numbered years.
Original opinion text
STATE OF ARKANSAS
THE ATTORNEY GENERAL
Dustin McDaniel
Opinion No. 2014-133
December 11, 2014
The Honorable Eddie Joe Williams
State Senator
401 Cobblestone Drive
Cabot, Arkansas 72023
Dear Senator Williams:
You have requested my opinion on the following question concerning the timing of the change in status of the Arkansas majority party:
To ensure a smooth transition on all county election commissions, please clarify when majority party status attaches. Does this occur on the date the election is certified or another date?
It is my understanding that this question may be prompted, at least in part, by the existence of vacancies on some county boards of election commissioners (hereinafter "county boards"). As background for the question, you note that "[b]y definition, the party with a majority of candidates elected to constitutional offices is the majority party."
RESPONSE
As you have indicated, the Election Code's definition of "majority party" means that majority party status is determined by the results of the races for constitutional state offices in the last-preceding general election. We therefore now know that the Republican Party is the majority party. However, this does not resolve your question regarding a "transition on all county election commissions." I assume this question is concerned with the timing of the selection of the members of the county boards (hereinafter "commissioners"). That question is governed by A.C.A. § 7-4-102, which in relevant part provides for the selection of commissioners in January of odd-numbered years:
(a)(1) In January of each odd-numbered year following the election of county committee officers members of the county board of election commissioners shall be elected by their respective county committees.
(2) The membership of the county board shall be as follows:
(A) Two (2) members elected by the county committee of the majority party; and
(B) One (1) member elected by the county committee of the minority party.
It is clear from this statute that commissioners serve a two-year term. Additionally, commissioners "hold office until their successors are appointed and qualified." Thus, while the status of the "majority party" was determined at the November 4, 2014, general election, and the majority party is now the Republican Party, there will be no change in the composition of the county boards until sometime in January, 2015.
With regard to the filling of vacancies on the county boards, the same statute noted above governing county board transition provides for the election of a new commissioner "by the county committee of the appropriate party." I interpret "appropriate party" to mean the party of the commissioner who vacated. Commissioners represent, and serve at the pleasure of, their respective county party committees, i.e., the party committee that elected them. It reasonably follows that a vacancy on the board will be filled by the county party committee that elected the vacating commissioner.
Of course, this conclusion assumes that the position is still available. It could be the case that, after the November general election, the party that was in the majority becomes the minority. Between the November election and January, such a party keeps its two seats on the board. So if one of those seats becomes vacant, the party is free to fill it. But in January, that party loses its second seat. See A.C.A. § 7-4-102(a).
Deputy Attorney General Elisabeth A. Walker prepared the foregoing opinion, which I hereby approve.
Sincerely,
DUSTIN McDANIEL
ATTORNEY GENERAL
DM/EAW:cyh
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