Can someone in Arkansas run for school board AND for mayor (or city council) at the same time? Can they hold both offices if elected?
Subject
Whether Arkansas law permits an individual to run simultaneously for school board and for mayor or city council, and whether the same individual may serve in both offices if elected.
Plain-English summary
Representative McElroy asked the AG three questions about dual candidacy and dual office holding for school board and municipal positions. The AG answered yes to both candidacy and service.
Question 1: Can you run for school board and mayor (or city council) at the same time? Yes. A.C.A. § 7-5-111 says "[a] person shall not run for election for more than one (1) state, county, municipal, district, or township office if the elections are to be held on the same date." But the term "district" in this list does not include "school district." The AG read § 7-5-111 in harmony with other general election laws that consistently treat "school district" offices as separate from "state, county, municipal, district, or township" offices. For example, A.C.A. § 7-6-102 distinguishes between "state or district offices" and "school district candidate" filings. A.C.A. § 7-6-220(b)(4) distinguishes between "school district, township, municipal, or county office" and "state or district office."
Beyond that, school elections are governed by a separate set of laws (Title 6, Chapter 14) that specifically address how to qualify for the school-board ballot (§ 6-14-111(c)) and certify school election results (§ 6-14-115). General election laws "apply to school elections" only "insofar as they are not in conflict with the school election laws" (§ 6-14-101). Applying the dual-candidacy bar of § 7-5-111 to school board candidates would conflict with this allocation.
Question 2 was contingent on the answer to Question 1. Because the answer is yes (you can run for both), Question 2 is moot.
Question 3: Can the same person serve as both school board member and mayor (or city council member)? Yes. The AG walked through three categories of dual-office bars: constitutional, statutory, and the common-law doctrine of incompatibility (Byrd v. State, 1966). None of the three blocks this combination.
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Constitutional: Ark. Const. art. 19, § 26 expressly says "officers of public schools" may "be elected to fill any executive or judicial office." A school board member is an "officer of public schools" (Ops. 2007-054, 1996-035, 1981-35). A mayor is the executive officer of a municipality (A.C.A. § 14-42-102; Op. 1989-201). City council membership is also permitted by long-standing AG opinion (Ops. 1996-035, 1992-003, 1989-201).
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Statutory: No statute prohibits a school board member from serving as mayor or city council member. (As shown above, § 7-5-111 does not apply.)
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Common-law incompatibility: Two offices are incompatible when one supervises the other, when one can remove or audit the other, or when their functions are inherently inconsistent (Tappan v. Helena, 1937; Thompson v. Roberts, 1998). Neither a school district nor a municipality exercises general supervisory power over the other, and neither can remove or audit the other. So no incompatibility.
The third question is fact-intensive at the margins, but on the basic combinations (school board + mayor; school board + city council member), the answer is no apparent conflict.
What this means for you
If you want to run for school board and mayor simultaneously
You can. File for both in their respective elections. The general dual-candidacy bar in § 7-5-111 does not apply because school district is not a "district" within the statute. Expect to comply with the separate filing requirements for each (school election laws for the school board run, general election laws for the mayoral run, including the political-practices pledge under § 7-6-102).
If you want to run for school board and city council simultaneously
Same answer. You can.
If you are elected to both
Constitutionally fine. You serve in both. Practical issues to watch for: meeting schedule conflicts (school board meetings and city council meetings sometimes happen the same evening); recusals on cross-jurisdiction issues (e.g., when the city contracts with the school district); and time commitment. None of these is a legal bar; they are practical management questions.
If you are a county election commission or municipal clerk
When a candidate files for both school board and a municipal office, accept both filings. The dual-candidacy bar does not apply. If anyone challenges the dual filing, this opinion is the citation.
If you are a state legislator considering changing this rule
The current rule is rooted in both the statutory text (which excludes school district from the dual-candidacy list) and the constitutional carve-out at Art. 19, § 26 (which permits public school officers to hold "any executive or judicial office"). Statutory amendment to add school district to § 7-5-111 would close the dual-candidacy gap but cannot override the constitutional permission to hold both offices simultaneously. To change the dual-office-holding rule for school board members, you would need a constitutional amendment.
Common questions
Q: Why isn't "school district" included in the term "district" in § 7-5-111?
A: Because general election laws consistently distinguish "school district" offices from "state, county, municipal, district, or township" offices in their statutory drafting (§§ 7-6-102, 7-6-220(b)(4)). The two categories are not synonymous. The AG reads § 7-5-111 to use "district" in the same sense as those parallel statutes.
Q: What does Ark. Const. art. 19, § 26 say exactly?
A: It permits "officers of public schools" (along with militia officers and notaries) to be "elected to fill any executive or judicial office." This is the constitutional carve-out from the general one-office-per-person rule in Art. 19, § 6.
Q: Does this apply to county judge or county quorum court positions?
A: This opinion specifically addresses mayor and city council. The general framework applies similarly to other executive offices, but the analysis would need to be done for each combination. School board + county judge is likely permitted (county judge is an executive officer); school board + state legislator is a different combination that may have separate constitutional considerations.
Q: What's the doctrine of incompatibility?
A: A common-law rule that prevents one person from holding two offices when their functions are "inherently inconsistent" (Thompson v. Roberts). The classic test asks whether one office supervises, removes, or audits the other. School district and municipality do not have those relationships, so the doctrine does not bar the combination.
Q: What if I'm elected to both and there's an apparent conflict (e.g., the city contracts with the school district)?
A: The doctrine of incompatibility is fact-specific. A specific transaction or vote that creates an inherent conflict may be a recusal issue, but it does not by itself disqualify the dual office holding. Standard recusal rules apply: do not vote on matters where you have a conflict of interest in your other capacity.
Background and statutory framework
A.C.A. § 7-5-111 prohibits running for more than one "state, county, municipal, district, or township office" on the same date. The term "district" in this list does not include "school district" because (a) general election laws consistently distinguish those categories (§§ 7-6-102, 7-6-220(b)(4)) and (b) school elections are separately governed (Title 6, Chapter 14).
A.C.A. § 6-14-101 makes general election laws applicable to school elections "insofar as they are not in conflict." Specific school election rules (§ 6-14-111(c) for ballot qualification; § 6-14-115 for certification) act as exceptions to general law.
A.C.A. § 21-1-207 expressly protects the right of state, county, municipal, school district, and other political subdivision employees to run as candidates for elective office.
Ark. Const. art. 19, § 26 permits "officers of public schools" to be elected to "any executive or judicial office." A school board member is an "officer of public schools" (Ops. 2007-054, 1996-035, 1981-35). A mayor is the executive officer of a municipality (A.C.A. § 14-42-102, with the city-manager-form-of-government caveat in § 14-47-109(a)(2)).
The doctrine of incompatibility (Byrd v. State, 1966; Tappan v. Helena, 1937; Thompson v. Roberts, 1998) bars dual office holding when offices have "an inconsistency in the functions" or render dual holding "improper from considerations of public policy." School board + mayor and school board + city council do not trigger the doctrine.
Black v. Cockrill (1965): Arkansas constitution is restrictive in nature; the legislature has plenary power except where prohibited. Op. 1989-201: Art. 19, § 26 limits legislative power to bar a school board member from holding "any executive or judicial office."
Citations and references
Constitutional and statutory provisions:
- Ark. Const. art. 19, § 26 (officers of public schools may hold executive or judicial office)
- A.C.A. § 7-5-111 (dual candidacy bar, does not include school district)
- A.C.A. § 6-14-101, § 6-14-111(c), § 6-14-115 (school election laws)
- A.C.A. §§ 7-6-102, 7-6-220 (parallel categorization of school district vs. other offices)
- A.C.A. § 14-42-102 (mayor as executive officer)
- A.C.A. § 21-1-207 (right to run as candidate)
Cases:
- Populist Party of Arkansas v. Chesterfield (2004); Fisher v. Taylor (1946) (right to run)
- Byrd v. State (1966) (three-category dual-office analysis)
- Tappan v. Helena (1937); Thompson v. Roberts (1998) (incompatibility test)
- Black v. Cockrill (1965) (legislative plenary power)
- City of Fort Smith v. Tate (1993) (read related statutes harmoniously)
- Roberson v. Phillips County Election Commission (2014) (plain meaning)
Source
Original opinion text
BOB R. BROOKS JR. JUSTICE BUILDING
101 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
Opinion No. 2025-095
January 23, 2026
The Honorable Mark D. McElroy
State Representative
2645 Highway 138 East
Tillar, Arkansas 71670
Dear Representative McElroy:
I am writing in response to your request for an opinion on school board election laws. You have asked these questions:
1. Under Arkansas law, is it permissible for an individual to run for a position on a school board as well as a position as mayor or a position on a city council simultaneously?
Brief response: Yes. When A.C.A. § 7-5-111 is read harmoniously with other general election laws, the "district" used in the statute is not a "school district."
2. If the response to question one is negative, what happens should an individual file for both a position on the school board and for another elected office?
Brief response: Please see my response to your first question.
3. Under Arkansas law, are there any situations where an individual can be elected and serve in two or more elected positions or capacities?
Brief response: Yes. An individual may be elected and serve as a school board member, while simultaneously serving as either a mayor or city council member.
DISCUSSION
Question 1. Although Arkansas law generally protects the right to run for office, certain restrictions apply. State election laws require that candidates for public office be "qualified and eligible" to hold the office "at the time of filing." And A.C.A. § 7-5-111 limits one's ability to run for more than one office in certain circumstances: "A person shall not run for election for more than one (1) state, county, municipal, district, or township office if the elections are to be held on the same date."
When the language of a statute is clear, that language is given its plain meaning. But the statute must also be "read in a harmonious manner if possible" with other statutes covering the same subject matter. Here, A.C.A. § 7-5-111 is part of the general laws governing elections. When A.C.A. § 7-5-111 is read harmoniously with other general election laws, the term "district" does not include a "school district" for the following reasons.
First, general election laws consistently distinguish "school district" offices from "state, county, municipal, district, or township" offices. And A.C.A. § 7-5-111's reference to "state, county, municipal, district, or township office" mirrors general election laws in several places. For example, A.C.A. § 7-6-102 requires candidates for "state or district offices" and "county, municipal, or township offices" to file political-practices pledges. But that statute has a separate filing provision for a "school district candidate." Similarly, the contribution and expenditure reporting requirements under general election laws distinguish between a "school district" office and a "state or district" and "township, municipal, or county office." These distinctions demonstrate that "district" and "school district" are not synonymous under general election laws.
Second, a "school district" is not considered a "district" for purposes of A.C.A. § 7-5-111 because school elections are separately governed by school election laws. Those laws specifically address all aspects of running for a school board position, including how to "qualify for the ballot." The school election laws also provide a method of certifying election results for a school board position that differs from the process under general election laws.
Finally, while "general election laws, apply to school elections," the general election laws do not supersede school election laws. Instead, the school election laws act as exceptions to the general election law in the event of a conflict. As explained above, applying A.C.A. § 7-5-111's dual candidacy prohibition to school board elections would conflict with school election laws.
Question 2. Please see my response to your first question.
Question 3. The determination of whether a person may be elected and serve in two or more positions or capacities is fact intensive, and I am not a factfinder when issuing opinions. Further, because the law differs for different sorts of elected positions, I will focus only on the positions referenced in your first question.
The Arkansas Supreme Court has identified three categories of unlawful conflicts of interest that prevent a person from holding dual offices: constitutional conflicts, statutory conflicts, or conflicts that results from the offices having incompatible duties (i.e., the common law "doctrine of incompatibility"). The presence of any one of these three types of conflicts will prohibit dual service.
1. Constitutional analysis. Under Article 19, § 26 of the Arkansas Constitution, "officers of public schools, may be elected to fill any executive or judicial office." This Office has long held that "officer of public schools" includes a position on a school board. Thus, under the Arkansas Constitution, a school board member may also hold "any executive or judicial office." Applying this to the positions listed in your first question, a person elected to a position on a school board could also serve as mayor because a mayor is the executive officer of a city or municipality.
A person elected to a position on a school board may also hold a position on a city council. The Arkansas "constitution is restrictive in nature and leaves to the legislature the absolute power to legislate unless prohibited from doing so by our constitution." My predecessor opined that Article 19, § 26 precludes the legislature from establishing laws that would prevent a school board member from also serving in "any executive or judicial office." The legislature may, however, regulate whether a school board member may simultaneously serve in other offices. Thus, the Arkansas Constitution allows a person elected to a school board to serve on a city council.
2. Statutory analysis. My research has not yielded any statute that prohibits a school board member from also serving as either a mayor or a city council member. As noted previously, the limitation in A.C.A. § 7-5-111 does not apply to a school district board of directors.
3. Common-law analysis. The common-law doctrine of incompatibility bars dual office holding when it generates an inherent conflict that would impede the office holder from serving in both capacities. The Arkansas Supreme Court has explained that the "inconsistency, which at common law makes offices incompatible" exists in situations "where one is subordinate to the other, and subject in some degree to the supervisory power of its incumbent, or where the incumbent of one office has the power to remove the incumbent of the other or to audit the accounts of the other." Such incompatibility arises "when there is an inconsistency in the functions" of the offices or where the nature and duties of the two offices "render it improper from considerations of public policy for one person to retain both."
Here, the positions of school board member and mayor are generally compatible. Likewise, the positions of school board member and city council member are generally compatible. While incompatibility is normally a question of fact for the judiciary, I have found no apparent conflict by virtue of merely holding these positions. Neither entity, a municipality nor a school district, exercises general supervisory powers over the other. Similarly, members of each entity would not be subject to removal or audit by the other. For these reasons, the usual indicators of potential incompatibility are absent.
Assistant Attorney General Jodie Keener prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General