AAC
LEGAL CORNER
The 2020 General Election in Arkansas: what to expect and trying to navigate the unexpected
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glimpse of any commercial break or news broad- perform certain eye surgeries. The cast on network television leaves no doubt — Supreme Court has also struck this presidential election season has arrived. Presi- referendum from the ballot due to LINDSEY FRENCH dential elections bring out more voters, so others lack of sufficient signatures. ThereGeneral Counsel on the ballot are clamoring to make sure voters who might fore, it appears at the time of this otherwise be uninformed on their race have at least heard of article that Issues 1, 2, and 3 will be their name. Besides candidates for President, others such as the only ballot issues counted in the Congressional offices, state General Assembly seats, justice of general election. the peace districts, city offices, and school board positions will Additionally, there has been an exceptional amount of nabe decided on Nov. 3. tional media coverage over the safety and security of our elecAdditionally, three issues referred to voters by the Arkan- tions, particularly when it comes to mail-in voting. Procedures sas General Assembly for mail-in voting vary will appear on the balfrom state to state, and lot: Issue 1, to permait is important to know nently continue the the law and security ov. Asa Hutchinson issued an executive order collection of an existing precautions taken in half-penny sales tax for your state. In Arkansas, making it crystal clear that concerns about the highways, roads, and an unprecedented numbridges, which will othber of residents are exCOVID-19 virus are a proper excuse for being “unavoiderwise sunset in 2023; pected to vote by mail. Issue 2, to set term The process in Arkansas ably absent” from the polls to qualify under Arkansas law limits for members of is called “absentee votthe Arkansas General ing,” and has been in for an absentee ballot. Assembly to 12 years, practice for decades. with certain cooling off Under this system, a provisions; and Issue 3, registered voter must which amends the prosend their local county cesses by which legislative referrals and signature-petition led clerk an application for a ballot. The county clerk then verifies initiatives are qualified to be placed on the ballot. Issues 2 and that the resident applying for a ballot is a properly registered 3 are currently being challenged in the same lawsuit in the voter, and then provides them a ballot. This can be done either Pulaski County Circuit Court, seeking an injunction to keep by mail, or by designated bearer (or authorized agent if the them from appearing on the ballot, claiming the ballot titles voter is in an assisted living facility). are insufficient and misleading. Gov. Asa Hutchinson issued an executive order making it Two other signature-driven initiatives were recently struck crystal clear that concerns about the COVID-19 virus are a down by the Arkansas Supreme Court and will not appear proper excuse for being “unavoidably absent” from the polls on the ballot. The Court found that both the initiative to es- to qualify under Arkansas law for an absentee ballot. However, tablish open primaries as well as the one to create an inde- I am unaware of any time in Arkansas history where a court pendent redistricting committee lacked sufficient signatures to has invalidated a voter’s ballot because their excuse for being appear on the November ballot. A third initiative to expand absent from the polls was legally insufficient. Additionally, the Arkansas’s casinos from four to sixteen also failed to make it state has received CARES Act funds, a portion to be used for onto the ballot after its sponsor dropped its lawsuit against the the sole purpose of providing safe and secure elections. The Secretary of State over insufficient signatures. Finally, a rare veto referendum, known as Issue 6, sought to overturn a 2019 See “Voting” on Page 16 > > > law passed by the General Assembly to allow optometrists to
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