2016 Ark. 302
Ark.2016Background
- Petitioners Chuck Lange and Bill Walmsley filed an original action in the Arkansas Supreme Court seeking to invalidate a proposed initiated constitutional amendment certified for the Nov. 8, 2016 ballot that would allow three specific casinos to operate in three counties.
- Petitioners sought declarations that (1) the ballot title is insufficient and injunctive relief preventing placement on the ballot, (2) sponsors failed to submit sufficient valid signatures, and (3) any votes cast on the amendment not be counted.
- Sponsors Arkansas Wins in 2016, LLC and Arkansas Winning Initiative, Inc. moved to intervene and opposed petitioners’ relief; three signatory voters also moved to intervene to protect their right to vote.
- The Court granted expedited consideration, bifurcated the contest: Counts I–II (ballot title and constitutional issues) to be briefed and decided separately from Count III (signature sufficiency, which raises factual issues).
- The Court appointed Hon. Bentley Story as master under Ark. Sup. Ct. R. 6-5(c) and Ark. R. Civ. P. 53 to take evidence on signature validity and ordered his report by Sept. 29, 2016; a briefing schedule and bond requirement ($5,000) for petitioners and intervenors were set.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ballot-title sufficiency | Title is misleading/insufficient to inform voters | Title was properly certified by Secretary of State | Court bifurcated and set expedited briefing on this issue (no final decision here) |
| Placement on ballot | Measure should be enjoined from ballot due to title/constitutional defects | Certification and placement should stand | Court denied oral argument and required written briefing; issue reserved for decision after briefs |
| Signature sufficiency | Sponsors failed to submit sufficient valid signatures to qualify amendment | Sponsors defend sufficiency and ask to intervene to protect ballot access | Court appointed a master to take evidence and make factual findings on signature validity |
| Right to vote / intervention | Voter-intervenors seek to protect their right to vote on the amendment | Sponsors and Secretary oppose preventing ballot access; sponsors intervened to defend placement | Court granted intervention to sponsors and voter signatories and allowed participation under expedited schedule |
Key Cases Cited
- Stephens v. Martin, 2014 Ark. 402 (per curiam) (court practice of requiring bond when a master is appointed in original actions under Amendment 7)
- Roberts v. Priest, 334 Ark. 244 (1998) (per curiam) (discussing bond and master appointment practice in original actions)
