Justia Election Law Opinion Summaries

The Supreme Court affirmed as modified the orders of the circuit court granting motions to dismiss filed by the Lonoke County Board of Election Commissioners, individual Board members, and the Secretary of State, holding that the dismissal orders are modified to reflect that the dismissals are without prejudice.Plaintiff, who sought to run as an independent candidate in the 2022 election for Lonoke County Judge, brought this action seeking a declaration that the actions of the Clerk's office violated his right to access to the ballot and the right of the voters to cast ballots for independent candidates and adding challenges to the constitutionality of Ark. Code Ann. 7-7-103. The circuit court dismissed the complaint with prejudice. The Supreme Court affirmed as modified to reflect that the dismissal was without prejudice, holding that the circuit court properly dismissed the complaint but that the dismissal should have been without prejudice. View "Blackburn v. Lonoke County Bd. of Election Commissioners" on Justia Law

The Supreme Court granted a petition sought by Petitioners to vacate the determination of the State Board of Election Commissioners and the Secretary of State not to certify the ballot title for a proposed constitutional amendment authorizing the adult possession and use of cannabis, holding that Petitioners were entitled to relief.After the Board declined to certify the popular name and ballot title of the proposed amendment Petitioners asked the Supreme Court to order the Secretary of State to certify the proposed amendment for inclusion on the ballot at the November 8, 2022 general election. The Secretary of State declared the proposed measure insufficient. The Supreme Court granted Petitioners' petition and ordered the Secretary of State to certify the proposed amendment for inclusion on the November 2022 general election ballot, holding that the ballot title was not insufficient or misleading. View "Armstrong v. Thurston" on Justia Law

The Supreme Court affirmed in part and reversed and remanded in part the judgment of the circuit court dismissing Appellant's complaint challenging the certification of the House District 25 (HD 25) Republican primary race by the Crawford County Board of Election Commissioners (CBEC), holding that the circuit court erred in concluding that it lacked the authority to transfer this matter.Appellant filed a complaint challenging the CBEC's certification, claiming that the HD25 Republican primary election results were unreliable and praying that the circuit court void either the CBEC's certification of the HD25 race or void the HD25 election. The circuit court granted Appellees' motion to dismiss, finding that the complaint was not filed in the proper county, that the court had no jurisdiction to hear the matter, and that venue was improper. The circuit court further denied Appellant's oral motion to transfer the case to Crawford County. The Supreme Court reversed in part, holding that the circuit court (1) properly ruled that Appellant incorrectly filed her postelection contest in Franklin County rather than in Crawford County; but (2) abused its discretion by denying Appellant's motion to transfer the case to Crawford County. View "Harris v. Crawford County Bd. of Election Commissioners" on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting Petitioners' request for a preliminary injunction and finding that the entirety of Ark. Code Ann. 7-9-601(b) is unconstitutional, holding that the circuit court did not abuse abuse its discretion in granting the preliminary injunction.Petitioners filed a complaint arguing that section 7-9-601(b)'s requirements requiring sponsors of initiatives to obtain federal background checks from the Arkansas State Police are unconstitutional and should be enjoined. The circuit court granted Petitioners' request for a preliminary injunction, finding that the entirety of section 7-9-601(b) is unconstitutional and enjoining Respondents from applying its provisions. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in determining that Petitioners demonstrated a likelihood of success on the merits and that irreparable harm would result in the absence of an injunction. View "Thurston v. Safe Surgery Arkansas" on Justia Law

The Supreme Court reversed the order of the circuit court declaring Bobby Lee Jones ineligible to hold the office of Justice of the Peace, holding that the trial court erred by not providing Jones with a hearing on the propriety of taking judicial notice of an order in a prior case.In 2006, Jones ran for Justice of the Peace for Phillips County, District One. The court entered an order (2006 order) concluding that Jones was a convicted felon and was therefore ineligible to hold public office. In 2020, Jones again ran for Justice of the Peace for Phillips County, District One. In response, the State brought suit seeking a declaratory judgment that Jones was ineligible to hold office because of his prior felony convictions. During trial, the trial court took judicial notice of the 2006 order, determined that res judicata applied, and concluded that Jones was ineligible to hold public office. The Supreme Court reversed, holding that the trial court erred by not providing Jones with a hearing on the propriety of taking judicial notice of the 2006 order. View "Jones v. State" on Justia Law

The Supreme Court affirmed the decision of the circuit court vacating the finding of the Arkansas Ethics Commission that Susan Weaver violated Ark. Code Ann. 7-6-228(c)(1) when a magazine published her campaign advertisement without a required disclosure during Weaver's 2018 judicial campaign, holding that substantial evidence did not support the Commission's decision.Faulkner Lifestyle published an ad of Weaver's candidacy without statutorily required financial disclosure language. The Commission found that section 7-6-228(c)(1) did not require a culpable mental state but, if it did, Weaver violated the statute by acting negligently. The circuit court vacated the finding, holding that the Commission erred in concluding that the standard of proof for a violation of section 7-6-228(c)(1) is strict liability and that insufficient evidence supported the Commission's finding that Weaver was negligent. The Supreme Court affirmed, holding that substantial evidence did not support the Commission's conclusion. View "Arkansas Ethics Commission v. Weaver" on Justia Law

The Supreme Court dismissed the appeal in this election dispute, holding that because the election at issue had already occurred, the case was moot.In this action, Appellant, a qualified voter, challenged the ballot title of two proposed constitutional amendments referred by the General Assembly to the voters of the State of Arkansas for the November 3, 2020 general election. On October 26, 2020, the circuit court granted Appellee's motion to dismiss with prejudice. The next day, Appellant filed his notice of appeal, asserting that the circuit court erred in declining to overrule Becker v. Riviere, 641 S.W.2d 2 (Ark. 1982), and its progeny. The Supreme Court dismissed the appeal, holding that the case was moot and that none of the exceptions to mootness applied. View "Kimbrell v. Thurston" on Justia Law

The Supreme Court affirmed the judgment of the circuit court finding that Democratic Party nominee Jimmie Wilson had been convicted of crimes that disqualified him under Ark. Const. art. IV, 9 from serving in the Arkansas House of Representatives and finding that Wilson's presidential pardon did not restore his eligibility to sit as a representative, holding that the circuit court did not err.In 1990, Wilson entered a guilty plea in federal court to five misdemeanor offenses. In 2001, Wilson received a presidential pardon from President William Jefferson Clinton. In 2020, Wilson was selected as the Democratic Party nominee to run in the November 3, 2020 election for the House District 12 seat. On October 15, 2020, Plaintiffs filed a complaint alleging that Wilson was disqualified from serving in the Arkansas General Assembly. The circuit court ruled that Wilson was ineligible to serve in the Arkansas House of Representatives due to his convictions and that his presidential pardon did not restore his eligibility. The Supreme Court affirmed, holding that the circuit court correctly concluded that Wilson's presidential pardon did not restore his eligibility to sit as a representative in the Arkansas General Assembly. View "Gray v. Webb" on Justia Law

The Supreme Court affirmed the order of the circuit court granting Appellees' emergency petition fro declaratory judgment and writ of mandamus declaring David Pruitt ineligible to run for public office, holding that the circuit court did not err.On February 27, 2020, Pruitt filed as a candidate for the office of alderman in the November 3, 2020 election. Appellees filed an emergency petition for declaratory judgment and writ of mandamus, alleging that Pruitt was ineligible to hold public office because he had been found guilty of voting more than once in an election in violation of Ark. Code Ann. 7-1-103(a)(19)(A), and therefore, his name may not be placed on the ballot. The circuit court granted Appellees' petition for declaratory judgment and writ of mandamus, finding that Pruitt had been convicted of certain infamous crimes in violation of Arkansas Election Law, which disqualified him from running for public office, and that Pruitt's expungement did not restore his eligibility to hold public office. The Supreme Court affirmed, holding (1) subsection (a)(19)(A) is a misdemeanor offense related to the election process and constitutes an infamous crime as contemplated by Ark. Const. art. V, 9; and (2) Pruitt's sealing of his record did not restore his eligibility to hold public office. View "Pruitt v. Smith" on Justia Law

The Supreme Court affirmed the order of the circuit court granting a motion to dismiss filed by the Arkansas Secretary of State Appellant's complaint seeking to strike two proposed constitutional amendments, Issue 2 and Issue 3, from the general election ballot on November 3, 2020, holding that the circuit court did not err.On appeal, Appellant argued that the circuit court erred in ruling that the ballot titles were sufficient and that Issue 3 did not violate Ark. Const. art. XIX, 22. The Supreme Court affirmed, holding (1) article 19, section 22 governs the ballot titles of Issue 2 and Issue 3; (2) the circuit court properly ruled that Issue 2 and Issue 3 comply with the requirements of article 19, section 22; and (3) the circuit court did not err in ruling that Issue 3 did not violate article 19, section 22. View "Steele v. Thurston" on Justia Law