Opinion No.

The Honorable Barbara Horn State Representative P.O. Box 64 Foreman, Arkansas 71836-0064

Dear Representative Horn:

This is in response to your request for an opinion regarding a vacancy in an alderman's position in a city of the second class. Your specific question is:

When a vacancy has been declared for alderman in a city of the second class and an election is held by the aldermen, can the mayor vote to break a tie vote?

It is my opinion that the answer to your question is "yes", if the candidates are presented for election in one of the required formats.1

This issue is governed primarily by…