§ 3-8-205 - Determination of sufficiency of petition -- Calling of election.
               	 		
3-8-205.    Determination of sufficiency of petition -- Calling of election.
    (a)    (1)  When  thirty-eight percent (38%) of the qualified electors shall file  petitions with the county clerk of any county within this state praying  that an election be held in a designated county, township, municipality,  ward, or precinct to determine whether or not licenses shall be granted  for the manufacture or sale or the bartering, loaning, or giving away  of intoxicating liquor within the designated territory, the county clerk  within ten (10) days thereafter shall determine the sufficiency of the  petition.
      (2)  The total number of  voters registered as certified by the county clerk to the Secretary of  State by the first of June of each year pursuant to Arkansas  Constitution, Amendment 51 shall be the basis upon which the number of  signatures of qualified electors on petitions shall be computed.
      (3)  A person shall be a registered voter at the time of signing the petition.
(b)  If  it is found that thirty-eight percent (38%) of the qualified electors  have signed the petition, the county clerk shall certify that finding to  the county board of election commissioners, and the question shall be  placed on the ballot in the county, township, municipality, ward, or  precinct at the next biennial general election as provided in    3-8-101.
(c)    (1)  If  an appeal is taken from the certification of the county clerk, it shall  be taken within ten (10) days and shall be considered by the circuit  court within ten (10) days, or as soon as practicable, after the appeal  is lodged with the court.
      (2)  The circuit court shall render its decision within thirty (30) days thereafter.
(d)  If  an appeal is taken, the election shall be had no sooner than sixty-five  (65) days after the appeal is determined, if the decision is in favor  of the petitioners.
(e)    (1)    (A)  The  decision shall be certified immediately to the county board of election  commissioners, and the day for the election shall be fixed by the  county board of election commissioners for not earlier than sixty-five  (65) days nor later than ninety (90) days after the certification of the  decision of the circuit court.
            (B)  Any  appeal from the final decision of the circuit court shall be taken  within ten (10) days and shall be advanced and immediately determined by  the Supreme Court.
      (2)  In that  event, the county board of election commissioners may, in its  discretion, delay the election until after the final decision of the  Supreme Court.
      (3)  If the  decision is in favor of the petitioners, then the county board of  election commissioners shall set the day for the election, which shall  be not earlier than sixty-five (65) days nor later than ninety (90) days  after the final decision of the Supreme Court.