Justia Election Law Opinion Summaries

Appellant Keith Hamaker filed an amendment complaint in the circuit court challenging the Pulaski County Election Commission procedures. After the circuit court entered an order making specific findings and rulings, Hamaker appealed, contending (1) the Commission had no right to allow a voting area undefined by election law, (2) the Commission should be required to force a voter to vote within the confines of a voting booth, (3) a voter does not have the right to vote outside the immediate voting area pursuant to Ark. Code Ann. 7-5-309(a)(4), and (4) section 7-5-309 as amended should be declared unconstitutional. The Supreme Court affirmed, holding (1) under section 7-5-309 the Commission is not required to force a voter to prepare his or her ballot in a voting booth, (2) section 7-5-309(a)(4) does not state that a voter may not mark a ballot outside of the immediate voting area, and (3) Appellant's remaining arguments were either inappropriate for appellate review or not preserved for appellate review. View "Hamaker v. Pulaski County Election Comm'n" on Justia Law

Appellant Larry Wilson and seventeen other citizens of Philips County challenged the November 2, 2010 election results for several positions on the Helena-West City Council. The Supreme Court found that the complaint contesting the election results was not filed within twenty days of the election as required by statute. Therefore, the Court dismissed the case for lack of subject-matter jurisdiction.

Appellee Michael Grulkey sought to have Appellant Thomas Fite disqualified to run as an electoral candidate to the General Assembly. In July, 2010, the Arkansas Republican Party certified Fite as its candidate for the eighty-third district for the November 2, 2010 election. Grulkey, a registered voter in that district, petitioned the circuit court for a writ of mandamus or declaratory judgment, alleging that Fite was ineligible to hold office because of a prior conviction in 1984 for Medicaid bribery. The court ruled that Fiteâs conviction rendered him ineligible to run for office, and entered the order on October 27, 2010. Appellant appealed the order on November 4, 2010 - two days after the election - and filed a motion to the Supreme Court to expedite review on November 23, 2010. Seeing no need to proceed, the Court dismissed the case citing that any review of a candidateâs eligibility becomes moot once an election has taken place.