In Arkansas general elections, most races for constitutional offices are decided by the candidate with the most votes, not by a runoff. That means a three-way race can end on Election Day even if no one gets 50% of the vote plus one.
That answers a question many voters bring from primary season into the general election: what does runoff election mean, and when does it apply? Arkansans are used to runoff elections when three or more candidates split a primary race, but the rule is different for most statewide constitutional offices in the general election. The state’s seven constitutional offices include governor, lieutenant governor, secretary of state, treasurer, auditor, land commissioner and attorney general.
The legal framework is plain. The Arkansas Constitution says the governor, treasurer, auditor and attorney general are elected by qualified electors of the state at large, and the person with the highest number of votes for each of those offices is declared the winner. Amendment 6 says the same for governor and lieutenant governor. Ark. Code Ann. 7-5-705 goes further and says the winners of races for governor, lieutenant governor, secretary of state, treasurer, auditor and attorney general are the candidates with the greatest number of legal votes for each office. It does not require that greatest number to be a majority of the votes cast.
That is where the common assumption breaks down. A lot of people hear “more than two candidates” and expect a runoff if nobody clears 50%. In Arkansas general elections for these offices, that is usually not how it works. The state’s default position is that no majority is required unless a law says otherwise, so the candidate on top wins even in a crowded field.
There is one exception built into the rules. If two candidates are tied with the highest number of votes for the same office, one of them is chosen by the joint vote of both houses of the General Assembly, and a majority of all elected members is needed for that choice. For most voters, though, the practical answer is simpler: on Election Day, the race is usually over when the votes are counted.
That also explains why a three-candidate general election for land commissioner would not normally go to a runoff. The office was created by the Legislature in 1868, and nothing in the statute creating it requires a majority vote. So if the question is whether Arkansas general election races for most constitutional offices go to runoff elections, the answer is no. They are usually decided by plurality, not by a second round.
