What is the deadline to get a city form-of-government change on the Arkansas November 2026 ballot?
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This page answers the general question as of 2026. Ezel answers yours: what it means for your facts, under current Arkansas law, with citations.
Plain-English summary
Fort Smith is considering switching its form of city government to the mayor-council form. Secretary of State Cole Jester asked the Attorney General for an expedited opinion on two timing questions: the deadline to get the question on the November 2026 ballot, and, if voters approve, when the new officials would be elected.
Attorney General Tim Griffin gave concrete dates:
- Ballot deadline: To make the November 3, 2026 general-election ballot, the petition has to be presented to the mayor and the resulting proclamation filed with the county clerk no later than August 25, 2026. That date comes from A.C.A. § 7-11-205, which requires a special election to be held at least 70 days after the proclamation is filed; counting back 70 days from November 3 lands on August 25. Because the mayor's duty to call the election only starts when a valid petition arrives, the petition itself has to come in early enough to leave time to issue the proclamation and file it by that date.
- Election of new officials: If voters approve the mayor-council form, the mayor, city clerk, and city council members would be elected at the November 2028 general election. The city attorney and city treasurer sit on a separate four-year cycle and would ordinarily be elected in November 2030, unless the city adopts an ordinance under A.C.A. § 14-43-303(a)(3) putting all four offices on the same schedule, in which case they could also be filled in November 2028.
What this means for you
Petition organizers and city officials in Fort Smith
The opinion gives a hard operational deadline. Based on this opinion, for a form-of-government change to appear on the November 3, 2026 ballot, the mayor's proclamation must be filed with the county clerk by August 25, 2026, so petitions need to be submitted well before that to allow processing time. Miss the 70-day window and the question cannot go on that ballot.
Voters weighing the change
The opinion explains the sequence after a "yes" vote: existing mayor and board terms end when the newly elected officials take office, and most new officials would be chosen at the November 2028 general election rather than immediately. The city attorney and treasurer default to 2030 unless the city acts to align their election with the others.
Election administrators
The opinion ties three statutes together: A.C.A. § 14-48-105 governs the petition and the transition, A.C.A. § 7-11-205 fixes the permissible special-election dates (and requires the special election to run on the same day as a general election falling in that month) plus the 70-day minimum, and A.C.A. § 14-43-303 sets the election cycles for mayor-council cities of 50,000 or more.
Common questions
Q: What is the last day to get the form-of-government question on the November 2026 ballot?
A: August 25, 2026. The opinion counts back 70 days from the November 3, 2026 general election, which is the minimum period A.C.A. § 7-11-205 requires between filing the proclamation and the election.
Q: If voters approve the switch, when do the new officials take office?
A: The mayor, city clerk, and council members would be elected at the November 2028 general election, and the prior officials' terms end when the new ones take office.
Q: What about the city attorney and city treasurer?
A: They are on a separate four-year cycle and would ordinarily be elected in November 2030, unless the city adopts an ordinance under A.C.A. § 14-43-303(a)(3) to elect all four offices together, which would let them be filled in November 2028.
Q: Who can start this process?
A: Under A.C.A. § 14-48-105, electors may petition the mayor to call a special election on adopting another form of government, or the board of directors may present a petition by ordinance.
Background and statutory framework
A.C.A. § 14-48-105(b)(1)(A)(i) lets electors petition the mayor to call a special election on adopting another form of municipal government; the board of directors may alternatively present a petition by ordinance. On receiving a valid petition, the mayor must, by proclamation and under A.C.A. § 7-11-201 et seq., call the special election.
A.C.A. § 7-11-205 fixes the allowable special-election dates (the first Tuesday after the first Monday in March, or the second Tuesday in November) and, where the special election falls in a month with a scheduled primary or general election, requires it to be held on that same date. It also sets a floor of 70 days between filing the proclamation with the county clerk and the election, which produces the August 25, 2026 deadline for the November 3, 2026 election.
If the change passes, A.C.A. § 14-48-105(f) requires the city to elect the officials required by the new form "at the next time provided for the election of city officials." For a mayor-council city of 50,000 or more like Fort Smith, A.C.A. § 14-43-303 controls: the mayor, city clerk, and council members are elected on a four-year cycle beginning in 1960 (next: November 2028), while the city attorney and city treasurer are on a cycle beginning in 1962 (next: November 2030), subject to the § 14-43-303(a)(3) ordinance option to align them.
Citations and references
Statutes:
- A.C.A. § 14-48-105 (change in form of municipal government; petition, special election, transition)
- A.C.A. § 7-11-201 et seq. (special elections)
- A.C.A. § 7-11-205 (special-election dates; 70-day minimum)
- A.C.A. § 14-43-303 (election cycles for mayor-council cities of 50,000 or more)
Source
Original opinion text
BOB R. BROOKS JR. JUSTICE BUILDING
101 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
Opinion No. 2026-057
June 10, 2026
The Honorable Cole Jester
Secretary of State
500 Woodlane Street
State Capitol, Suite 256
Little Rock, Arkansas 72201
Dear Secretary Jester:
I am writing in response to your request for an expedited opinion regarding election deadlines
related to a proposed change in the form of government for the City of Fort Smith. You ask the
following questions:
1. What is the deadline for a petition to change the form of the City of Fort Smith’s
government pursuant to Ark. Code Ann. § 14-48-105(b)(1)(A)(i) to be presented to the
mayor in order for the proposition to be on the ballot in November 2026?
Brief response: To ensure placement of the measure on the November 3, 2026 general
election ballot, the petition must be presented to the mayor—and the
resulting proclamation filed with the county clerk—no later than August
25, 2026.
2. Assuming the proposition to change the city’s form of government to the mayor-council
form is on the ballot in November 2026 and the proposition is approved by the voters, when
would the election for the required officials under the new form of government (mayorcouncil) be held?
Brief response: The mayor, city clerk, and city council members would be elected at the
November 2028 general election. The city attorney and city treasurer,
however, would be elected at the November 2030 general election unless
the city adopts an ordinance under A.C.A. § 14-43-303(a)(3), providing
that the mayor, city clerk, city attorney, and city treasurer shall be elected
on the same date and every four years thereafter. If the city adopts such
an ordinance, those offices may also be filled at the November 2028
election.
The Honorable Cole Jester
Secretary of State
Opinion No. 2026-057
Page 2
DISCUSSION
Question 1: What is the deadline for a petition to change the form of the City of Fort Smith’s
government pursuant to Ark. Code Ann. § 14-48-105(b)(1)(A)(i) to be presented to the mayor in
order for the proposition to be on the ballot in November 2026?
Subdivision 14-48-105(b)(1)(A)(i) of the Arkansas Code authorizes electors to petition the mayor
to call a special election on the question of adopting another form of municipal government.
Alternatively, the board of directors may present a petition to the mayor by ordinance.1 Upon
receipt of a petition, the mayor must, by proclamation and in accordance with A.C.A. § 7-11-201
et seq., call a special election to submit to the voters the question of reorganizing the city under
the form of government stated in the petition.
2
Section 7-11-205 governs the timing of such special elections and provides that a special election
on a referred measure or question must be held on the first Tuesday after the first Monday in March
or the second Tuesday in November, absent limited exceptions not applicable here. When, as in
this instance, the special election falls in a month in which a preferential primary or general
election is scheduled, the special election must be held on the same date as that election.
3
In addition to fixing permissible election dates, A.C.A. § 7-11-205 imposes a minimum timing
requirement: the special election must be held at least 70 days after the proclamation or other
authorized document is filed with the county clerk.4
The general election in 2026 will occur on November 3, 2026. Counting backward 70 days
establishes August 25, 2026, as the latest date on which the proclamation may be filed to satisfy
the statutory minimum period. Because the mayor’s duty to call the election arises only upon
receipt of a valid petition, the petition must be submitted sufficiently in advance to allow time for
the proclamation to be issued and for the required filing to be completed by August 25, 2026.
Question 2: Assuming the proposition to change the city’s form of government to the mayorcouncil form is on the ballot in November 2026 and the proposition is approved by the voters,
when would the election for the required officials under the new form of government (mayorcouncil) be held?
Under A.C.A. § 14-48-105(f)(1)(A), if a majority of the votes cast favor adoption of the proposed
form of government, the city shall proceed to elect “all of the city officials required by the laws
governing the form of government adopted” (here, the mayor-council form). The statute further
1 A.C.A. § 14-48-105(b)(1)(A)(ii).
2 Id. § 14-48-105(b)(2)(A)(i).
3 Id. § 7-11-205(a)(2)(B).
4 Id. § 7-11-205(f).
The Honorable Cole Jester
Secretary of State
Opinion No. 2026-057
Page 3
specifies that this election must occur “at the next time provided for the election of city officials”
under the statutes pertaining to that form of government.5
For a city of Fort Smith’s size adopting the mayor-council form of government, the relevant statute
is A.C.A. § 14-43-303, which establishes the timing of municipal elections for mayor-council
cities of 50,000 or more.
Under A.C.A. § 14-43-303(a)(1), the mayor, city clerk, and one council member from each ward
are elected at the general election held every four years beginning in 1960. Thus, the next regular
election for those officials following a November 2026 vote would be the November 2028 general
election. All council members would also be elected at that time, and the initial staggering of their
four-year terms would be determined by lot.6
The offices of city attorney and city treasurer, however, are on a separate four-year election cycle
beginning in 1962.7 Accordingly, the next regularly scheduled election for those positions
following a November 2026 transition vote would occur in November 2030. However, A.C.A.
§ 14-43-303(a)(3) authorizes the governing body of a city transitioning to the mayor-council form
of government to adopt an ordinance providing that the mayor, city clerk, city attorney, and city
treasurer are all elected at the same time and every four years thereafter. If the City of Fort Smith
decides to adopt such an ordinance, all of the positions could be elected during the November 2028
general election.
Finally, A.C.A. § 14-48-105(f)(1)(C)(i) provides that the terms of the existing mayor and board
members terminate when the newly elected officials take office. When that happens, the transition
to the new form of government is complete.
8
Deputy Attorney General Kelly Summerside prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General
5 A.C.A. § 14-48-105(f)(1)(B).
6 Id. § 14-48-105(f)(1)(C)(ii) (“If under the form of government adopted the terms of the officials elected are staggered,
then determination shall be made by lot, and the length of the terms fixed accordingly.”).
7 Id. § 14-43-303(a)(2).
8 Id. § 14-48-105(f)(1)(C)(i).
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