McDaniel v. Spencer

In 2013, the General Assembly passed Act 1413 of 2013, which made numerous changes to the portions of the Arkansas Code pertaining to initiatives and referenda. Plaintiffs subsequently filed a complaint against Mark Martin, in his official capacity as the Secretary of State, alleging that certain sections of the Act violated the Seventh Amendment of the state Constitution. Plaintiffs moved for a preliminary injunction seeking to enjoin Secretary Martin from enforcing the Act. Dustin McDaniel, acting in his official capacity as Attorney General, intervened in the action. The circuit court concluded that certain provisions of Act 1413 violated the Constitution because the provisions would cause citizens to lose their ability to propose legislative measures and laws directly to the people. The court then permanently enjoined Secretary Martin from enforcing those portions of the Act. The Supreme Court affirmed in part and reversed in part, holding that some of the sections of the Act declared unconstitutional by the circuit court were, in fact, constitutional. View "McDaniel v. Spencer" on Justia Law