Martin v. Humphrey

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The Supreme Court affirmed the circuit court’s order entering a declaratory judgment finding that Senate Joint Resolution 8 was not referred in accord with article 19, section 22 of the Arkansas Constitution and issuing a writ of mandamus ordering Secretary of State Mark Martin to refrain from counting, canvassing, or certifying any votes cast for or against the resolution. Appellee filed a complaint seeking a declaration that the resolution at issue, designated as “Issue No. 1” on the ballot for the November 6, 2018 general election, was unconstitutional, along with a request for either a writ of mandamus or injunctive relief. The circuit court granted Appellee’s request for declaratory relief, finding that Issue No. 1 violates article 19, section 22. The Supreme Court affirmed, holding (1) the submission of Issue No. 1 violates article 19, section 22; and (2) therefore, Appellee was entitled to both a declaratory judgment and a writ of mandamus. View "Martin v. Humphrey" on Justia Law