Our city is in a wet county but sits inside what used to be a dry township that no longer exists as a recognized district. How do we hold a vote to legally sell alcohol there?

Subject

Whether Act 1018 of 2013 and its successor amendments, codified at A.C.A. §§ 3-8-601 to -602, allow a city in a wet county to hold a local option alcohol election when it sits inside what used to be a dry township that has since been dissolved, and what procedural requirements apply.

Plain-English summary

Arkansas was historically organized into "dry" and "wet" jurisdictions for alcohol sales. Dry meant the manufacture, sale, and purchase of intoxicating beverages were prohibited; wet meant they were allowed. Cities can also be "damp": dry inside the city limits while sitting in a wet county. The map of dry territory was drawn before townships were dissolved, and the legal residue of those boundaries is what Act 1018 of 2013 was designed to address.

A "defunct voting district" is one that (1) existed when its qualified voters voted dry, (2) is no longer recognized by the state or county where it sits, and (3) is currently inside a wet county. If a city now sits inside the boundaries of an old, dry, defunct township, the city itself can be legally dry by inheritance even though everything around it is wet.

Act 1018 of 2013 (now A.C.A. §§ 3-8-601 to -602) created the local option election process for defunct voting districts. Representative Karilyn Brown asked the AG to walk through how that process works.

The flow:

1. Resolution. The county board of election commissioners must issue a resolution defining "the boundaries of a territorial subdivision located in a defunct voting district in which qualified voters may reside." The board issues this only on written request, either (a) from qualified voters in the county containing the defunct district, or (b) by ordinance of a "city of the first class" that includes the defunct district. The board has 30 days to issue, and the resolution is filed with the county clerk and published in a local paper.

2. Petition. A.C.A. § 3-8-602(b)(2)–(3) imports the petition procedure from § 3-8-201 et seq. Petitioners need signatures from "fifteen percent" of qualified electors within the defunct district boundaries as identified by the resolution. A first-class city can also adopt an ordinance to hold the election.

3. Special vs. general local option election. Most local option elections happen on general election days under A.C.A. § 3-8-101. But § 3-8-602 specifically authorizes "special" elections for defunct voting districts and doesn't prohibit holding them at the general election. Both are available. If the city goes the special-election route, § 3-8-602(b)(3) controls. For a general election, § 3-8-201 to -210 fills the gaps.

4. Counting votes. A special local option election requires a "majority vote of the qualified electors residing within the boundaries of the defunct voting district." For a general local option election, the AG concludes the same rule applies based on language identifying and verifying "qualified electors residing within the defunct voting district" for purposes of conducting the election. So a vote of the wider city is not what counts; a vote of the people inside the defunct district is.

5. What you can do post-election. A successful "wet" vote in a defunct voting district authorizes only on-premises sale of "beer, malt beverages, vinous beverages, and spiritous liquor." Off-premises sales (a liquor store, take-home beer at a grocery) and manufacturing remain prohibited.

The AG also flagged a few timing/structure points. Act 596 of 2025 amended the definition of "beer" but didn't otherwise change the substantive provisions of §§ 3-8-601 to -602. Act 768 of 2025 amended portions of § 7-9-101 et seq. (canvasser provisions). Act 671 of 2023 was a narrow temporary measure for partially-annexed townships and expired December 31, 2024.

What this means for you

City attorneys and municipal clerks

If your city sits inside an old dry township boundary inside a wet county, you have a path to legalize alcohol sales without a county-wide vote. The path is § 3-8-602. The procedural sequence is: city ordinance or qualified-voter petition asking the county board for a resolution → 30 days for the board to issue → publication in the local paper → petition with 15% qualified-elector signatures from inside the defunct district → election (special or general) → if majority approves, on-premises sales become legal.

Three things to watch. First, you need to confirm your city actually sits in a "defunct voting district." The opinion is clear that this is a question for the county election commissioners, not for the AG. The factual elements are: was the area a voting district that voted dry, is it no longer state- or county-recognized, and is it inside a wet county? Second, A.C.A. § 3-8-602(i) says that where § 3-8-201 to -210 conflict with § 3-8-602, the latter controls. Don't rely solely on the older general statutes. Third, the post-election authorization is narrower than people often realize: only on-premises consumption of beer, malt, vinous, and spirits. If your city wants liquor stores, this isn't the path; you'd need a different statutory route.

County election commissioners

You're the gatekeeper at the resolution stage. Once a qualified-voter request or first-class-city ordinance reaches you, you have 30 days to issue the boundary resolution. The resolution must (1) identify the boundaries of a territorial subdivision in the defunct voting district, (2) be filed with the county clerk, and (3) be published in a newspaper of general circulation in the county. You also handle signature verification of qualified electors residing within the defunct district. Build a process that confirms the residence-inside-the-district element, because that's what determines who gets to sign and who gets counted.

Restaurants, bars, and on-premises retailers

If your city goes through the § 3-8-602 process and the vote passes, you can sell beer, malt beverages, vinous beverages, and spirits for on-premises consumption. That gives you a path to a full bar / restaurant license without needing a county-wide change. Off-premises sales are not authorized by this process, so this won't help a bottle shop or a packaged-liquor store.

Liquor stores and off-premises retailers

This statute doesn't help you. The on-premises restriction in § 3-8-602(a)(2) is explicit. If you want off-premises sales authorized in a defunct dry district, you'd need either a separate statutory route or legislative change.

Manufacturers

The statute also explicitly does not authorize manufacture of alcoholic beverages. If you want to put a microbrewery, distillery, or winery in a defunct dry district, this isn't the route.

Voters living in a defunct dry district

Your residence inside the defunct district is what gives you the right to sign a petition and to vote on a local option election under § 3-8-602. A wider city-level vote does not displace the requirement that the majority comes from inside the defunct district boundaries. If your city tries to call a city-wide vote that ignores the defunct-district line, that's a procedural defect.

Common questions

Q: How do I know if my area is a "defunct voting district"?

It has to satisfy all three statutory elements: (1) the area existed as a voting district when its qualified voters voted dry, (2) the area is no longer recognized by the state or county that contains it, and (3) the containing county is currently wet. Your county clerk and county election commissioners will have the historical records of past dry votes and former township/precinct boundaries. The AG opinion explicitly says it's not a finding the AG can make.

Q: A first-class city is mentioned. What if my city is a "city of the second class" or a town?

Section 3-8-602(b)(1)(A)(ii) allows the request to come from "a city of the first class" that includes the defunct district, by ordinance. A second-class city or incorporated town can't directly initiate by ordinance under that provision. But qualified voters in the county can still make a written request. So a town inside a defunct dry district can pursue this through the voter-request route even if not through the ordinance route. You may want to consult counsel on whether annexation or charter changes are possible if the first-class-city route would be procedurally cleaner.

Q: We had a dry vote in 1965 in a township that the county dissolved in 1972. Is the dry status still in effect?

Yes, unless and until a successful new vote under § 3-8-602 changes it. The AG points out that the absence of statutory "superseding vote" language doesn't change the analysis: an old dry vote in an area now defunct, but inside a wet county, is still operative and the only way to override it is the local option process for defunct voting districts.

Q: Can we vote alongside the rest of the city, or does it have to be an isolated vote of the defunct district?

A.C.A. § 3-8-602 measures success by "a majority of the qualified electors residing within the boundaries of the defunct voting district." So even if the broader city votes, the dispositive count is inside the defunct district. The city can adopt an ordinance to hold the election, but the geographic count is the defunct district.

Q: Can a defunct dry district hold the vote at a special election rather than waiting for a general?

Yes. A.C.A. § 3-8-602(b)(3) explicitly contemplates "special local option elections" in defunct voting districts. Most other local option elections must be held on general election days under § 3-8-101, but § 3-8-602 carves out a special-election option for defunct districts. If the city goes the special-election route, the procedural rules in § 3-8-602(b)(3) govern.

Q: We just want take-home beer at the grocery. Is § 3-8-602 the right path?

No. The post-election authorization is on-premises consumption only. If you want off-premises retail authorization, this isn't the right tool, and you'll need to look at a different statutory route.

Background and statutory framework

Arkansas's dry/wet alcohol map is the legacy of decades of local option elections going back to the early 20th century. Many small townships voted dry, and the dry status survived even after townships were administratively dissolved as units of county government. The legal awkwardness, where an old dry vote in a now-non-existent district still controls, is what Act 1018 of 2013 was designed to address.

A.C.A. § 3-8-601 defines a "defunct voting district" with the three-element test: voted dry while it existed, no longer recognized, inside a wet county. A.C.A. § 3-8-602 is the operative procedural statute that lets such an area conduct a local option election to change its dry status. Act 564 of 2015 and Act 144 of 2017 amended the original Act 1018, but the structure remained the same. Act 671 of 2023 added a narrow temporary procedure for partially annexed townships, but it was uncodified and expired December 31, 2024. Act 596 of 2025 amended the definition of "beer" in § 3-8-601(1) without changing the operative procedural language. Act 768 of 2025 amended portions of § 7-9-101 et seq. concerning canvassers and certain municipal initiatives.

The general local-option election framework is at §§ 3-8-201 to -210. Section 3-8-602 imports those procedures by reference and overrides them where they conflict, per § 3-8-602(i). The general local-option election day rule, § 3-8-101, requires alcohol elections to be on general election days, except where a specific statute (like § 3-8-602) carves out a special-election option.

The relevant disclosure-of-canvasser-information requirements come from § 3-8-701 to -715 (the Disclosure Act of Initiative Proceedings) and §§ 7-9-101 to -127, which § 3-8-205(e) imports for special local option elections in defunct voting districts.

The "private club" exception in A.C.A. § 3-9-221 lets private clubs sell alcohol even in dry counties; that's a separate statutory carve-out that exists alongside the local option framework.

Citations

• A.C.A. § 3-8-101 (general election day rule for local option elections)
• A.C.A. §§ 3-8-201 to -210 (general local option election procedure)
• A.C.A. § 3-8-205(e) (canvasser disclosure for special local option elections)
• A.C.A. § 3-8-208 ("majority of the electors voting on the issue at the election")
• A.C.A. § 3-8-501 (definitions: wet, dry, intoxicating liquors)
• A.C.A. § 3-8-601 (definitions: beer, defunct voting district)
• A.C.A. § 3-8-602 (local option election for defunct voting districts)
• A.C.A. § 3-9-221 (private club exemption)
• A.C.A. §§ 7-9-101, -103, -107, -111 (statewide canvasser-related provisions)
• Act 1018 of 2013 (originating Act, codified at §§ 3-8-601 to -602)
• Act 564 of 2015; Act 144 of 2017 (amendments)
• Act 596 of 2025 (definition of beer)
• Act 671 of 2023 (uncodified, expired Dec. 31, 2024)
• Act 768 of 2025 (canvasser amendments)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

BOB R. BROOKS JR. JUSTICE BUILDING
101 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
Opinion No. 2025-015
July 7, 2025

The Honorable Karilyn B. Brown
State Representative
Post Office Box 6677
Sherwood, Arkansas 72124

Dear Representative Brown:

I am writing in response to your request for my opinion concerning local option elections and defunct townships under Act 1018 of 2013. You ask the following questions:

1. What is the legal meaning and intent of Act 1018 of 2013?
2. How does this Act apply to the voting procedures for turning a dry defunct township wet?
3. Given the dissolution of townships, what is the appropriate procedure for conducting a local option election in a previously dry area?

Brief response: To answer the first three questions together, and as discussed further in the opinion, local option alcohol elections follow the process under A.C.A. § 3-8-602, which incorporates other local option election statutes. The extent to which such other statutes apply depends on whether the local option election is special.

4. Are there two possible paths for a local option election: (1) reinstating an old township solely for the purpose of holding an election, or (2) conducting a local option election within the municipality that encompasses the defunct township?

Brief response: While it is unclear under what authority a city could temporarily reinstate an old township for a local option election, a city has one primary path if it has a defunct voting district within its boundaries: the process under A.C.A. § 3-8-602, which may vary depending on whether the election is special.

5. How does the concept of a "defunct voting district" apply in this context? Specifically, when a municipality is located within the boundaries of a former dry voting district that exists within a wet county, what process must be followed to permit the manufacture and sale of alcoholic beverages under Ark. Code Ann. § 3-8-602?

Brief response: As discussed in the opinion, such a municipality would follow the process set forth in A.C.A. § 3-8-602, which only authorizes the sale of beer, malt beverages, vinous beverages, and spiritous liquor for on-premises consumption.

6. If a dry vote was previously conducted in an area that is now considered defunct, does that dry designation remain in effect unless there is a superseding vote?

7. What constitutes a "superseding vote" in this context?

Brief response: To answer questions 6 and 7 together, the applicable local option alcohol statutes do not use the phrase "superseding vote." But if an area is a "defunct voting district," one must use the local option process for defunct voting districts under A.C.A. § 3-8-602 (which incorporates other local-option statutes).

8. What are the procedural requirements for initiating such a vote under the current statutory framework?

9. Does Act 1018 of 2013 provide a means for municipalities within defunct townships to conduct a local option election independently, or would a county-wide vote be required?

Brief response: To answer questions 8 and 9 together, and as discussed further in the opinion, A.C.A. § 3-8-602 applies. And the extent to which other statutes apply, largely depends on whether the election in question is special.

DISCUSSION

Question 1: What is the legal meaning and intent of Act 1018 of 2013?
Question 2: How does this Act apply to the voting procedures for turning a dry defunct township wet?
Question 3: Given the dissolution of townships, what is the appropriate procedure for conducting a local option election in a previously dry area?

1. Defunct voting districts. For purposes of manufacturing, selling, or purchasing "intoxicating liquors" ("beverage[s] containing more than … 0.5% … of alcohol by weight") counties are generally either "wet" (allowed) or "dry" (prohibited). But some cities within wet counties have elected to prohibit alcohol, making such counties "damp."

Some cities are, or contain, "defunct voting districts." These are zones that (1) existed when their "qualified voters voted to be dry"; (2) are "no longer recognized by the state or the county in which" they are located; (3) and are "currently located in a wet county."

Act 1018 of 2013 authorized a local option election, the process for turning somewhere "dry" to "wet," for an area within the boundaries of a defunct voting district. As amended by Act 564 of 2015 and Act 144 of 2017, Act 1018 is codified at A.C.A. §§ 3-8-601 to -602. The local election process under A.C.A. § 3-8-601 is limited to selling alcoholic beverages to someone who will consume such beverages on premises; it does not authorize manufacturing alcoholic beverages or selling alcoholic beverages to someone for consuming off premises.

If a dissolved township was a voting district at the time it was voted dry and is in a wet county, it is a "defunct voting district" under A.C.A. § 3-8-601 because it is no longer legally recognized as a township. Ultimately, I lack the facts to determine whether a particular dissolved township meets each requirement of a "defunct voting district."

2. Local option elections for defunct voting districts. Under A.C.A. § 3-8-602, an area "within the boundaries of a defunct voting district may conduct an election to permit the sale of … beer, malt beverages, vinous beverages, and spiritous liquor for on-premises consumption." The same statute, while incorporating the processes of A.C.A. §§ 3-8-201 to -210, governs how a defunct voting district conducts such elections. For special local option elections for defunct voting districts, A.C.A § 3-8-205(e) incorporates provisions of §§ 7-9-101 to -127 and 3-8-701 to -715 (the Disclosure Act of Initiative Proceedings).

2.1 Resolution. The applicable county board of election commissioners must, only upon written request, issue a resolution that identifies the "boundaries of a territorial subdivision located in a defunct voting district in which qualified voters may reside." Two qualified groups of people can make a request: those who are registered voters and who "reside" in the county that "contains" the defunct voting district in question; and the city council of "a city of the first class" that "includes" the defunct voting district in question.

Once the county board of election commissioners receives a proper request for a resolution, it has thirty days to issue a resolution, which must "be filed with the county clerk" and published "as soon as practicable in a newspaper of general circulation in the county."

2.2. Petition. Arkansas Code § 3-8-602(b)(2)–(3) provides that the "petition procedure for a local option election" in a defunct voting district must "be conducted under § 3-8-201 et seq." Those seeking to place the option to vote "wet" on the ballot must obtain signatures from "fifteen percent … of the qualified electors residing within the boundaries of [the] defunct voting district, as identified by the resolution and corresponding map." A city may adopt an ordinance to hold a local option election, if the city is of the first class and has a defunct voting district within its boundaries.

2.3. Special local option election. While the majority of A.C.A. § 3-8-602 uses the word "election" and the phrase "local option election," certain provisions use the phrase "special local option elections." Specifically, A.C.A. § 3-8-602(b)(3)(A) concerns "[t]he election process for a special local option election" in a defunct voting district. So does A.C.A. § 3-8-602 apply to regular and special elections, or only to special elections? The answer is the former. Typically, local option elections for alcohol are not "special" elections; and they must be held on "general election days." Arkansas Code § 3-8-602, however, authorizes "special" elections for defunct voting districts, specifically, and it does not expressly prohibit local governments from holding local option elections at the General Election. In fact, A.C.A. § 3-8-602(b)(2)(A)(ii) authorizes certain cities to adopt an ordinance "to hold a local option election … conducted under [A.C.A. §§ 3-8-201 to -210]," which is a statute that allows non-special elections. But if a city holds a special local option election, A.C.A. § 3-8-602(b)(3) governs that process.

2.4. Election results. For a special local option election, a successful initiative requires a "majority vote of the qualified electors residing within the boundaries of the defunct voting district." But A.C.A. § 3-8-602 does not expressly address how regular local option elections for defunct voting districts are counted. Instead, it incorporates and relies on A.C.A. § 3-8-201 to -210 to fill in the gaps. Arkansas Code § 3-8-208 broadly uses the phrase, "majority of the electors voting on the issue at the election." But does "electors voting on the issue" include those who live in the city that contains the defunct voting district, or only those who live within the boundaries of the defunct voting district, like special local option elections? The answer is not straightforward. Arkansas Code § 3-8-202 authorizes "any area" to have a vote, including a city. And A.C.A. § 3-8-602 does not expressly limit general elections votes to those inside the defunct voting district. But it does use language like "held in the same defunct voting district," when restricting how many times one can hold such elections. It also mentions identifying and verifying the "qualified electors residing within the defunct voting district" for purposes of "conducting the local option election." Those words indicate that even for general elections, a successful vote must be based on the majority of voters who live within the boundaries of the defunct voting district, like special elections.

Question 4: Are there two possible paths for a local option election: (1) reinstating an old township solely for the purpose of holding an election, or (2) conducting a local option election within the municipality that encompasses the defunct township?

While it is unclear under what authority one could temporarily reinstate an old township for a local option election, a city has one primary path if it has a defunct voting district within its boundaries: the process under A.C.A. § 3-8-602, which may vary depending on whether the election is special.

Question 5: How does the concept of a "defunct voting district" apply in this context? Specifically, when a municipality is located within the boundaries of a former dry voting district that exists within a wet county, what process must be followed to permit the manufacture and sale of alcoholic beverages under Ark. Code Ann. § 3-8-602?

As discussed above, such a municipality would follow the process under A.C.A. § 3-8-602. But upon a successful election, A.C.A. § 3-8-602 only authorizes the sale of "beer, malt beverages, vinous beverages, and spiritous liquor for on-premises consumption." It does not authorize the manufacture of alcoholic beverages or the selling of alcoholic beverages for someone to consume off premises.

Question 6: If a dry vote was previously conducted in an area that is now considered defunct, does that dry designation remain in effect unless there is a superseding vote?

Question 7: What constitutes a "superseding vote" in this context?

The applicable local option alcohol statutes do not use the phrase "superseding vote." But if the area that is now "defunct," no longer recognized by the state or county, was dry before it became defunct, and is "currently located in a wet county," it is still "dry," and one must use the local option process for defunct voting districts under A.C.A. § 3-8-602 (which incorporates other local option statutes).

Question 8: What are the procedural requirements for initiating such a vote under the current statutory framework?

Question 9: Does Act 1018 of 2013 provide a means for municipalities within defunct townships to conduct a local option election independently, or would a county-wide vote be required?

For the reasons discussed in this opinion, a city may utilize the process under A.C.A. § 3-8-602 for defunct voting districts. For a special local option election for a defunct voting district, a successful initiative requires a "majority vote of the qualified electors residing within the boundaries of the defunct voting district."

Assistant Attorney William R. Olson prepared this opinion, which I hereby approve.

Sincerely,
TIM GRIFFIN
Attorney General