When must an independent candidate for municipal judge file a petition for candidacy in order to get his name placed on the ballot? Must he file it before the deadline established for county officials? ANSWER: No. He must file according to 7-7-103, which says sixty days before the general electi

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL 201 EAST MARKHAM STREET STEVE CLARK HERITAGE WEST BUILDING ATTORNEY GENERAL LITTLE ROCK, ARKANSAS 72201 (501) 371-2007 OPINION NO. 86-62 ‘March 25, 1986 Honorable Mary J. Fox Scott County Election Commissioner P.O. Box 607 Waldron, AR 72958 RE: When an independent candidate for judge of the Waldron ‘Municipal Court must file a Petition for Candidacy in order to get his name placed on the ballot Dear Mayor Fox: , This opinion is in response to your request in which you , | ' ask whether an independent candidate for the Waldron Munici- a pal Court must file a Petition for Candidacy before the deadline established for county officials. The Waldron Municipal Court was created by Act 284 of 1969. This Act has the following title: AN. ACT to create a Municipal Court to Be Styled "The Waldron Municipal Court’ in Scott County, Arkansas, to Prescribe the Manner of Selection, the Term, the Qualifications, and the Compensation of the Judge of Said Court; and for Other Purposes. Section 2 of Act 284° provides: | aoe - SECTION: 2: The judge of Waldron Municipal Court shall - be elected by the qualified electors of Scott County at: ' the 1970 General Election and each four (4) years thereafter for a term of four (4) years, and shall serve ‘such term and until his successor is elected and ‘qualified. The judge of said court shall be nominated and elected ‘in a manner now- provided by or as may hereafter be provided by law for the nomination and election of county officers in Scott County, Honorable Mary J. Fox March 25, 1986 Page 2 Ark. Stat. Ann. §3-105(c) (1985 Cum. Supp.) provides the manner in which independent candidates for county offices are qualified. An independent candidate for county office must file no later than a date fixed by law as the deadline for filing political practice pledges and party pledges, if any be required by the rules of the party to qualify the ‘candidate of a political party in a primary election. Independent candidates for municipal office are specifically excluded from Ark. Stat. Ann. §$3-105. Ark. Stat. Ann. §3-105.1 (Act 1055 of 1985) provides: .. Independent candidates for a municipal office shall file their petitions of nomination with the County Board of Election Commissioners not less than 60 days before the General Election. Therefore, since a municipal judge is considered a muni- cipal official, Ark. Stat. Ann. §19-1002.8 (Repl. 1980), any independent candidate for Waldron Municipal Court must file a petition for nomination prior to the deadline established by Ark, Stat. Ann. §3-105,1. However, Ark. Stat. Ann. §19-956 or Act 545, Section 1. of the 1985 Legislature provides that: 1(a) The governing body of any first class city, second class city or incorporated town may enact an ordinance requiring independent candidates for municipal office to file petitions for nomination as independent candidates with the County Board of Hlection Commissioners-no later . than noon on the day before the preferential primary election. . .{(b). Such ordinance shall be enacted no later-than 90 days prior to such filing deadline. Such ordinance shall be published at least once a week for two (2) consecutive weeks immediately following adoption of the ordinance in a newspaper having a general circulation in ‘the city. Therefore, it appears that the filing deadline estab- lished pursuant to Ark. Stat. Ann. §3-105.1 is subject to Honorable Mary J. Fox March 25, 1986 Page 3 change if an ordinance is adopted by the governing body of your city. The foregoing opinion which I hereby approve was pre- pared by Assistant Attorney General Rick D. Hogan. Sincerely, \? [oe (Lun. TEVE{ CLARK . Attorney General jsc:RDH:dcjk