Jim Stallcup

Attorney General of Arkansas — Opinion

STEVE CLARK, Attorney General

The Honorable Jim Stallcup Prosecuting Attorney Third Judicial District 225 W. Elm Street Walnut Ridge, AR 72476

Dear Mr. Stallcup:

This office acknowledges receipt of the request for an opinion from your deputy Stewart K. Lambert on the following question.

Pursuant to Ark. Stat. Ann. 3-1103 and Ark. Stat. Ann. 3-113 (Repl. 1976) does the candidate for election have to appear in person at the county courthouse or at the Secretary of State’s office to submit the signed political practice pledges or can the candidate send another individual to file it for him?

Ark. Stat. Ann. 3-113 states in part:

Party pledges if any and political practice pledges for primary elections shall be filed and ballot fees shall be paid during regular established business hours between 12:00 noon an on the second Tuesday in March and 12:00 noon on the first day in April for the preferential primary election.

Ark. Stat. Ann. 3-1103 states:

Candidates for state or district office shall file with the Secretary of State and candidates for county and municipal or township offices shall file with the county clerk of the county not later than 12:00 noon on the first Tuesday in April before the preferential primary election. A pledge in writing stating that he is familiar with the requirements of this article and will in good faith comply with its terms provided persons nominated as independent candidates shall file such political practice pledge at the time of filing the petition for nomination and persons who wish to write in candidates shall file such political practice pledge at the time of the filing of notice to be a write in candidate.

Based on an analysis of the above two statutes it would appear that it would be permissible for a candidate to have someone take the political practice pledge that he has signed and file it in the courthouse in his absence.

The foregoing Opinion, which I hereby approve, was prepared by Assistant Attorney General Roger W. Giles.