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Committee rejects litigation‑driven fix to candidate filing rules after contested debate

Senate State Agencies & Governmental Affairs Committee · February 28, 2023
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Summary

Senate Bill 277, drafted to address a federal court ruling and restore candidate filing periods for third parties, drew testimony from the Libertarian Party and secretary‑office staff but failed to pass the committee.

Senator Kim Hammer presented Senate Bill 277 as a corrective measure in response to litigation that disrupted Arkansas’s candidate filing process for new or third parties.

“If we don't pass this piece of legislation, Democrats, Republicans, or libertarians, or anybody else cannot file,” Hammer told the committee, framing the measure as necessary to reestablish filing periods struck down in litigation. Hammer said the bill narrowly moves certain filing dates by a day and otherwise attempts to restore a workable candidate filing calendar while complying with the court’s direction.

Michael Paco, chair of the Libertarian Party of Arkansas, testified that his party’s lawsuit produced the ruling and that the party generally supports the bill’s technical fixes while reserving broader reform. “We generally approve of the fixes proposed in Senate Bill 277 with some reservations and also some hope for further reform,” Paco said, urging lawmakers to consider longer‑term ballot‑access changes.

Secretary‑office staff and election analysts explained the litigation background, including Judge Baker’s ruling that disrupted the candidate filing period and related signature thresholds. Witnesses described that the ruling had voided key code sections, required changes to filing dates, and altered signature‑requirement mechanics for new parties. The committee discussed tradeoffs about timing of filings, signature thresholds and whether moving dates by a single day adequately resolves the legal problems.

After extended questioning and testimony, the committee voted on the motion to pass the bill. The motion failed and the bill did not advance out of committee.

What’s next: Sponsors indicated they may revise the measure and seek to address concerns identified in the hearing before reintroducing the proposal.