2016 Ark. 362
Ark.2016Background
- Petitioners sought to invalidate an initiated constitutional amendment titled "An Amendment to Limit Attorney Contingency Fees and Non-Economic Damages in Medical Lawsuits," challenging canvasser certification, signature sufficiency, and ballot-title sufficiency.
- Sponsors submitted 131,687 raw signatures; Secretary of State validated 93,102; 84,859 valid signatures were needed to qualify for the ballot.
- The court bifurcated the case: counts I and II (factual challenges to canvasser compliance and signature counts) were referred to Special Master Judge J.W. Looney; count III (ballot-title sufficiency) remained for direct decision by the court.
- The special master found several potential defects: failures in criminal-background-check certification, early canvasser solicitation (1,825 signatures), missing canvasser eligibility statements (47 signatures), and possible improper use of third-party background reports (potentially 10,764 signatures). The master also identified signatures improperly excluded by the Secretary that might be counted (several hundred).
- While the court received the master’s report, it decided count III in companion opinions, holding the ballot title insufficient because it left the term “non-economic damages” undefined and enjoined counting/certifying votes; that holding rendered counts I and II moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Sponsor compliance with canvasser-certification statutes (criminal-background-check certification) | Sponsors failed to certify criminal-background checks for paid canvassers as required, which could be a material defect disallowing signatures under A.C.A. § 7-9-601(b)(5) | Secretary accepted sponsor submissions and validated signatures; dispute over materiality and effect of any omission | The special master found certification failures could be material; but the court deemed the issue moot after it invalidated the ballot title and enjoined counting votes |
| 2. Solicitation and eligibility formalities for paid canvassers (timing and statements of eligibility) | Paid canvassers solicited signatures before being submitted and some canvassers lacked required eligibility statements, resulting in thousands/ dozens of disallowed signatures | Secretary’s validation process led to 93,102 valid signatures; some exclusions challenged by intervenors as improper | Special master quantified problematic signatures (e.g., 1,825 for early solicitation; 47 for missing eligibility statements); court found these factual issues moot given ballot-title ruling |
| 3. Use of third-party criminal-background reports by sponsor/agent | Use of third-party reports violated A.C.A. § 7-9-601(b)(1) and could disallow up to 10,764 signatures | Sponsor argued its procedures sufficed; factual dispute whether use violated statute | Special master identified potential disallowance if violation; court did not decide on merits because counts I and II were moot |
| 4. Intervenors’ claim that Secretary improperly excluded certain signatures | Intervenors showed several categories of signatures (e.g., incorrect canvasser addresses, mistakenly added to duplicate list) that should be counted | Secretary maintained exclusions based on validation rules and duplicate elimination | Master found several hundred signatures that may have been improperly excluded; resolution remained factual and was mooted by ballot-title ruling |
Key Cases Cited
- Ross v. Martin, 2016 Ark. 340 (Ark. 2016) (companion opinion addressing initiative challenges)
- Wilson v. Martin, 2016 Ark. 334 (Ark. 2016) (held ballot title insufficient for leaving “non-economic damages” undefined)
- Cox v. Daniels, 374 Ark. 437 (Ark. 2008) (ballot-title sufficiency is decided by the court as a matter of law)
- Richardson v. Martin, 2014 Ark. 429 (Ark. 2014) (original jurisdiction over challenges to statewide petitions under Amendment 7)
- Our Cmty., Our Dollars v. Bullock, 2014 Ark. 457 (Ark. 2014) (court generally will not issue moot or advisory opinions)