§ 21-1-301. Title

This subchapter shall be known and may be cited as the “Emergency Interim Executive and Judicial Succession Act”.

§ 21-1-302. Legislative intent

Because of the existing possibility of attack of unprecedented size and destructiveness upon the United States, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of the state and its political subdivisions, to provide for the effective […]

§ 21-1-303. Definitions

As used in this subchapter: (1) “Attack” means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, […]

§ 21-1-304. Additional successors to Office of Governor

(a) In the event that the Governor, for any of the reasons specified in the Arkansas Constitution, is not able to exercise the powers and discharge the duties of his or her office, or is unavailable, and in the event the Lieutenant Governor, President Pro Tempore of the Senate, and the Speaker of the House […]

§ 21-1-306. Emergency interim successors for local officers

(a) (1) With respect to local offices for which the legislative bodies of cities, towns, villages, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, the legislative bodies are authorized to enact resolutions or ordinances providing for emergency interim successors […]

§ 21-1-307. Special emergency judges

(a) In the event that any judge of any court is unavailable to exercise the powers and discharge the duties of his or her office and in the event no other judge authorized to act in the event of absence, disability, or vacancy or no special judge appointed in accordance with the provisions of the […]

§ 21-1-308. Formalities of taking office

(a) At the time of their designation, emergency interim successors and special emergency judges shall take any oath which may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. (b) Notwithstanding any other provision of law, no person, as a prerequisite to the exercise […]

§ 21-1-309. Period in which authority may be exercised

(a) Officials authorized to act as Governor pursuant to this subchapter, emergency interim successors, and special emergency judges are empowered to exercise the powers and discharge the duties of an office as authorized in this subchapter only after an attack upon the United States, as defined in this subchapter, has occurred. (b) At any time, […]

§ 21-1-310. Removal of designees

Until such time as the persons designated as emergency interim successors or special emergency judges are authorized to exercise the powers and discharge the duties of an office in accordance with this subchapter, including § 21-1-309, those persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed […]

§ 21-1-311. Disputes

Any dispute concerning a question of fact arising under this subchapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the Office of Governor, shall be adjudicated by the Governor or other official authorized under the Arkansas Constitution and this subchapter to exercise the […]