Court: Supreme Court of Arkansas; September 11, 1998; Arkansas; State Supreme Court
An original action was filed on August 26, 1998, seeking to invalidate a proposed constitutional amendment under Amendment 7 of the Arkansas Constitution, enjoin its placement on the November 3, 1998 ballot, and prevent the counting of any votes due to invalid signatures and a defective ballot title. The Arkansas Supreme Court appointed the Honorable Jack Lessenberry as a master to conduct hearings and determine the truth of the allegations, with a report due by September 22, 1998. The court required both parties to file a $1,000 bond for costs associated with the proceedings, noting that the Secretary of State, Sharon Priest, would not be liable for costs due to sovereign immunity. The complainants' motion to disqualify intervenors' counsel, Mr. Oscar Stilley, was deemed moot as neither party intended to call him as a witness. Intervenors requested an immediate ruling on the ballot title to allow for corrections before ballot printing but were denied this request, as the court lacks authority to reform the ballot title at this stage, referencing prior case law. Additionally, the intervenors sought a 30-day period to cure any signature deficiencies found, but the document does not indicate the court's response to this request.
Intervenors reference Ark. Code Ann. 7-9-111 (Repl. 1993), which outlines the Secretary of State's procedures for evaluating the sufficiency of initiative petitions. Specifically, 7-9-111(d)(1) mandates that if a petition is deemed insufficient, the Secretary must promptly inform the sponsors, detailing the reasons for the determination. Upon notification, sponsors have 30 days to either gather additional signatures, present evidence to validate disputed signatures, or clarify the petition's content. This provision is part of the enabling legislation for Amendment 7 to the Arkansas Constitution, which stipulates that the Secretary determines petition sufficiency and must notify sponsors of insufficiencies without delay, allowing for corrections within 30 days. It is concluded that the "thirty-day cure period" pertains only to adverse actions from the Secretary and does not apply to original court actions, as supported by Walton v. McDonald, 192 Ark. 1155, 97 S.W.2d 81 (1936). An expedited briefing schedule is established: for Count I (Signatures), all parties must submit briefs and objections by September 29, 1998; for Count II (Ballot Title), complainants must file their abstract and brief by September 18, responses by October 1, and a reply by October 6, with oral arguments set for October 8, 1998, at 9:00 a.m. The motions for a master appointment, bifurcation of proceedings, expedited scheduling, and deposition permissions are granted.
