§ 26-74-605 - Conduct of election and results -- Challenges.
               	 		
26-74-605.    Conduct of election and results -- Challenges.
    (a)  The  election shall be conducted in the manner provided by law for all other  county elections unless otherwise specified in this subchapter.
(b)    (1)  Notice  of the election shall be given by the county clerk by one (1)  publication in a newspaper having a general circulation within the  eligible county not less than ten (10) days prior to the election.
      (2)  No other publication or posting of a notice by any other public official shall be required.
(c)  When  the election results have been certified, the county judge shall  immediately issue a proclamation declaring the results of the election  and cause the proclamation to be published one (1) time in a newspaper  having general circulation within the eligible county.
(d)  Any  person desiring to challenge the results of the election as published  in the proclamation shall file the challenge in the circuit court of the  eligible county within thirty (30) days after the date of publication  of the proclamation.
(e)    (1)    (A)  If  no election challenge is timely filed, there shall be levied effective  on the first day of the first month of the calendar quarter after a  minimum of sixty (60) days' notice by the Director of the Department of  Finance and Administration to sellers and subsequent to the expiration  of the thirty-day challenge period a countywide tax on the gross  receipts from the sale at retail within the eligible county of all items  that are subject to the Arkansas Gross Receipts Act of 1941,     26-52-101 et seq.
            (B)  Furthermore,  in every eligible county where the local sales and use tax has been  adopted pursuant to the provisions of this subchapter, there is imposed  an excise tax on the storage, use, distribution, or consumption within  the eligible county of taxable services and tangible personal property  purchased, leased, or rented from any retailer outside the state after  the effective date of the sales and use tax for storage, use,  distribution, or other consumption in the eligible county at the same  rate as on the sale price of the property or in the case of leases or  rentals of the lease or rental price, the rate of the use tax to  correspond to the rate of the sales tax portion of the tax.
      (2)  The  use tax portion of the local sales and use tax shall be collected  according to the terms of the Arkansas Compensating Tax Act of 1949,     26-53-101 et seq.
(f)    (1)  In  the event of an election challenge, the tax shall be collected as  prescribed in subsection (e) of this section unless enjoined by a court  order.
      (2)  A hearing involving  this litigation shall be advanced on the docket of the courts and  disposed of at the earliest feasible time.
(g)  Notwithstanding  the provisions of subsections (e) and (f) of this section, the  effective date of the levy of the tax may be delayed beyond the  effective date as set forth in subsection (e) of this section to a date  to be determined as set forth in the ballot, which date must be the  first day of a calendar quarter.