Election rules require Maddox to retire earlier than planned

Fort Smith City Director Bill Maddox says he will move his resignation from Dec. 31 to early August to avoid the cost of a special election.

Maddox previously announced he would resign at the end of his second year of a four-year term, saying he hoped an election to fill his seat on the seven-member board could be placed on the municipal ballot in the regular general election.

However, a Feb. 9 opinion from Wyman Wade Jr., assistant city attorney who works for the law firm of Daily & Woods, says election laws would not allow an election to be held for a director post in anticipation of a future resignation.

“It is our opinion that a plain reading of the statute means that an actual vacancy must exist and not simply in anticipation that a vacancy will occur at some point in the future. Until an actual vacancy occurs, we believe there is no basis for appointment or election to fill the vacancy,” Wade noted in his letter to the city.

Maddox said he better understands the law and has no problem resigning earlier than planned.

“Probably I’ll just rescind my current resignation, then resign at an earlier date. … If I have to leave the board a little earlier, that’s fine with me” so it doesn’t result in the extra cost for a special election, Maddox said.

According to a rough estimate by city officials, Maddox would need to resign at least 90 days ahead of the general election so the process — filing period, candidate certification, ballot approval, etc. — will have the time required to place the Ward 4 seat on the November ballot. Municipal races scheduled for the November election are the board’s three at-large positions (positions 5-7) and the mayoral election.

Gary Campbell (position 5) has announced his candidacy for State Representative District 64 and is not running for reelection to the city board.

Kevin Settle (position 6) has indicated he will seek reelection.

Dr. Cole Goodman (position 7) has said he will not seek reelection.

The candidates in the mayor’s race are Mayor Ray Baker and Sandy Sanders.