Arkansas judge will allow amended complaint in challenge to new ballot petition law

KUAR | By Hunter Field / Arkansas Advocate

From the Arkansas Advocate:

A Central Arkansas judge is allowing the group challenging Arkansas’ new ballot petition law to amend its complaint before he decides whether to grant the attorney general’s request to dismiss the lawsuit.

Pulaski County Circuit Judge Herb Wright wrote in an order this week that he had concerns about whether a sitting state senator and the League of Women Voters of Arkansas had legal standing to bring a lawsuit challenging the constitutionality of a new state law that raises the number of counties where ballot initiative groups must gather signatures from 15 to 50.

“Plaintiff League of Women Voters comes somewhat closer to chinning the bar on proving standing, as the record shows that they have been involved in voter initiatives in the past and may be in the future, including the upcoming November 2024 election,” Wright wrote. “Nonetheless, their argument regarding their standing also falls short. Plaintiffs’ counsel stated for the record that the League is currently involved in two ballot initiatives that would be affected by Act 236, but that fact is not pled in Plaintiffs’ Complaint.”

Arkansas judge will allow amended complaint in challenge to new ballot petition law

Graham Stokes/Ohio Capital Journal

A canvasser in Ohio discusses a ballot initiative to raise the vote threshold to enact new citizen-initiated constitutional amendments.

Judge rules that LEARNS Act not effective until Aug. 1

by Talk Business & Politics staff (staff2@talkbusiness.net)

Pulaski County Circuit Court Judge Herb Wright on Friday (June 30) ruled that the Arkansas LEARNS Act cannot go into effect until Aug. 1. The ruling, if it stands, could complicate the past few months of efforts by the Gov. Sarah Sanders’ administration to implement the law.

The case was brought by residents of the Marvell-Elaine School District and education advocates. The State Board of Education had voted to direct Arkansas Education Secretary Jacob Oliva to place the district under the management of the nonprofit Friendship Education Foundation through a transformation contract made possible by the LEARNS Act.

The plaintiffs had sued saying lawmakers had erred in voting on the bill and its emergency clause at the same time. The Arkansas Constitution says the votes on the two are to be separate. The votes were recorded separately by the House and Senate clerks.

https://talkbusiness.net/2023/06/judge-rules-that-learns-act-not-effective-until-aug-1/

Judge issues temporary restraining order on LEARNS Act; AG appeals

by Roby Brock (roby@talkbusiness.net)

A Pulaski County judge issued a temporary restraining order late Friday (May 26) on the LEARNS Act, Gov. Sarah Sanders’ signature education bill, which is being litigated over whether or not the state legislature properly followed the Arkansas Constitution in voting on an emergency clause for the omnibus law.

The plaintiffs argue both chambers of the General Assembly did not hold separate votes on the bill and the emergency clause. They contend the state constitution calls for separate votes, citing Article 5, Section 1, which says the chambers “shall vote upon separate roll call” and “state the fact which constitutes such emergency.”

In issuing a temporary restraining order, Judge Herb Wright determined that the plaintiffs in the case have a chance to succeed on the merits of their claim (see notes from his ruling at the bottom of this story). His order is only extended through June 20, 2023, when a court hearing is scheduled.

https://talkbusiness.net/2023/05/judge-issues-temporary-restraining-order-on-learns-act-ag-appeals/