Justia Arkansas Supreme Court Opinion Summaries

Petitioners, acting individually and on behalf of a ballot-question committee, filed this original action challenging the timeliness and sufficiency for an initiative petition for a proposed constitutional amendment with the popular name of “The Arkansas Alcohol Beverage Amendment” that was certified by Respondent in his official capacity as Arkansas Secretary of State for the November 4, 2014 general election ballot. Intervenors were members of a ballot-question committee and the sponsor of the proposed constitutional amendment. The Supreme Court denied the petition, holding (1) the petition was timely filed; and (2) the ballot title was legally sufficient. View "Richardson v. Martin" on Justia Law

After the General Assembly passed Act 595 of 2013, Appellees, registered voters in Pulaski County, filed a complaint for injunctive and declaratory relief, arguing that sections of the Act that allegedly placed an additional qualification and impairment on Arkansas residents before they could exercise their right to vote violated the Arkansas Constitution. The circuit court concluded that Act 595 was unconstitutional, enjoined and restrained Appellants, the Secretary of State and the Commissioners of the State Board of Election Commissioners, from enforcing any proof-of-identity provisions of the Act and from enforcing their rules promulgated as a result of the Act, and granted a preliminary injunction against Appellants from enforcing Act 595’s proof-of-identity requirements in favor of Appellants. The Supreme Court affirmed the circuit court’s ruling that Act 595 was unconstitutional on its face, holding that the Act’s requiring proof of identity was unconstitutional on its face and imposed a requirement that fell outside the ambit of Ark. Const. art. III, 1. View "Martin v. Kohls" on Justia Law

The Pulaski County Election Commission (PCEC) filed a petition for declaratory judgment in the circuit court challenging the constitutionality of certain emergency rules promulgated by the Arkansas State Board of Election Commissioners (ASBEC) relating to absentee voters. The circuit court declared (1) the emergency rules were derivative of Act 595 of 2013, which amended the Arkansas election code to require that voters provide proof of identity when voting; (2) the Act was unconstitutional; and (3) the emergency rules were also unconstitutional. The Supreme Court affirmed in part and vacated in part, holding (1) the circuit court correctly ruled that the rules relating to absentee voters promulgated by the ASBEC were unconstitutional; but (2) the circuit court erred in declaring the Act unconstitutional, as that issue was not pled or developed before the court.View "State Bd. of Election Comm'rs v. Pulaski County Election Comm’n" on Justia Law

Doralee Chandler, a registered voter, filed an amended petition for issuance of a writ of mandamus and for declaratory judgment, alleging that Judge Harrison G. Foster II was not a qualified or eligible candidate for circuit judge because he was not a “licensed attorney” for the constitutionally mandated six-year time period preceding the assumption of the office. The circuit court denied Chandler’s petition and granted Foster’s third-party complaint, determining (1) Foster was not “unlicensed” pursuant to Rule VII(C) of the Rules Governing Admission to the Bar despite his failure to timely pay his licensing fee four of the six consecutive years prior to the time for taking office, if elected; (2) the suspension of Foster’s license to practice law due to Foster’s failure to timely renew his licensing fee violated his due process rights; and (3) Rule VII(C) was unconstitutional. The Supreme Court affirmed, holding (1) the circuit court did not err in determining that Foster was not “unlicensed” pursuant to Rule VII and in finding that he was qualified to seek the position of circuit judge; and (2) Rule VII(C) is unconstitutional in that it provides for an automatic suspension of a lawyer’s license without procedural due process. View "Chandler v. Martin" on Justia Law

John Kelly petitioned the circuit court for issuance of a writ of mandamus and for declaratory judgment, asserting that Judge Timothy Fox was ineligible to be a candidate for the position of circuit judge in the election for the judgeship scheduled to be conducted on May 20, 2014 because he was delinquent in the payment of his licensing fee in 2013, and therefore, he was not a “licensed attorney” for the six years immediately preceding the date of assuming office, as constitutionally mandated. The circuit court denied relief, finding that although Fox had been suspended for being delinquent on his annual license fee, this did not constitute a revocation or termination of his license, and therefore, Fox was an eligible candidate. The Supreme Court affirmed, holding (1) even though Fox failed to pay his annual license fee for forty-five days in 2013, he remained a licensed attorney during the period of delinquency because his license was not terminated and his name was not removed from the list of licensed attorneys; and (2) therefore, the circuit court correctly found that Fox was eligible to be a candidate for the position of circuit judge. View "Kelly v. Martin" on Justia Law

Appellant, a registered voter, petitioned the circuit court for a declaratory judgment that Angela Byrd, a filed candidate for circuit judge, was unqualified and ineligible for that office because she was not a licensed attorney for a six-year time period immediately preceding the assumption of office for circuit judge. Specifically, Appellant alleged that Byrd failed to timely pay her annual bar license fee for the year 2014, and while her license was suspended, she was no longer licensed pursuant to Rule VII of the Arkansas Supreme Court’s Rules Governing Admission to the Bar. In response, Byrd filed a third-party complaint against the Clerk of the Supreme Court and Court of Appeals, alleging that Rule VII(C) was unconstitutional. The circuit court denied Williams’s petition and granted Byrd’s third-party complaint. The Supreme Court affirmed on the basis of Kelly v. Martin and Chandler v. Martin, concluding that Byrd was an eligible candidate for circuit judge. View "Williams v. Martin" on Justia Law

On March 3, 2014, Valerie Bailey filed as a candidate for the position of circuit judge in the May 20, 2014 election. Kristen Hulse filed a petition for writ of mandamus and a declaration judgment, alleging that Bailey was not qualified and was ineligible to be a candidate for circuit court judge. On March 19, 2014, the circuit court entered an order granting Hulse’s requested relief, declaring that Bailey was not eligible to seek the office of circuit judge. The deadline for printing ballots was March 21, 2014. On April 22, 2014, Bailey filed an amended notice of expedited appeal. The Supreme Court dismissed the appeal on the basis of mootness, concluding that any decision by the Court would amount to an advisory opinion because the ballots had been printed, mailed to absentee voters, and presented to early voters. View "Bailey v. Martin" on Justia Law

The Pulaski County Election Commission and some of its commissioners and the Pulaski County Circuit/County Clerk (collectively, “PCEC”) filed a petition for a declaratory judgment, claiming that certain emergency rules promulgated by the Arkansas State Board of Election Commissioners (“ASBEC”) relating to absentee voters were unconstitutional. The circuit court concluded (1) Act 595 of 2013, which amended the State election code to require that voters provide proof of identity when voting, was unconstitutional; and (2) the emergency rules were also unconstitutional because they were derived from the Act. The Supreme Court affirmed in part and vacated in part, holding that the circuit court (1) did not err in finding that the rules relating to absentee voters promulgated by the ASBEC were unconstitutional; but (2) erred in declaring Act 595 unconstitutional because that issue was not pled or developed before the circuit court. View "Ark. State Bd. of Election Comm'rs v. Pulaski County Election Comm'n" on Justia Law

On July 11, 2012, Appellees filed a complaint for declaratory judgment and mandamus in the circuit court requesting that the court enter an order (1) declaring that the filing period for independent candidates for municipal offices for the City of Helena-West Helena starts July 27, 2012, and (2) mandating that city officials notify election officials of the proper filing date. The circuit court granted the complaint. Appellants filed a motion to intervene on August 6, 2012 and August 8, 2012. The circuit court denied the motions in orders entered October 12, 2012 and October 18, 2012, concluding that both motions were untimely. The Supreme Court did not reach the merits of Appellants' arguments on appeal because (1) the filing period at issue concerned the now-past November 6, 2012 election; and (2) both Appellants won their respective races in the election. View "Etherly v. Newsome" on Justia Law

After Appellant submitted a petition for nomination for city director, the city clerk informed Appellant that her petition did not meet the statutory requirement of having fifty qualified electors. Appellant subsequently filed a petition for writ of mandamus and injunctive relief, requesting that the clerk be compelled to certify her as a candidate for the city director position and that an injunction issue to prevent the election board from taking any action that would affect her right to be considered as a candidate. The circuit court denied Appellant's petition and ordered the election commission to remove her name from the November 2012 election ballot. The Supreme Court dismissed Appellant's appeal as moot because the election had already been held and the Court was not persuaded that an exception should be made in this case. View "Lott v. Langley" on Justia Law