Case Summary

On July 17, 2020, two Arkansas voting rights organizations and an Arkansas voter filed a petition with the Arkansas Supreme Court challenging the Secretary of State’s alleged failure to review and certify the two groups’ ballot initiative petitions. The Secretary had rejected their proposed initiatives on the grounds their signatures were invalid because they had failed to certify that all canvassers had passed criminal background checks, instead certifying only that they had acquired such checks.

• On August 27, 2020, the Arkansas Supreme Court upheld the Secretary’s decision that their initiative petitions were insufficient and found the plaintiffs were not entitled to a cure period or any other relief.
• On September 10, 2020, the Court denied a petition for rehearing.

Case Library

Arkansas Supreme Court - CV-20-454

• Consolidated Original Petition - 7/17/20
• Response to Consolidated Original Petition - 7/20/20
• Exhibit 1 - 7/20/20
• Exhibit 2 - 7/20/20
• Exhibit 3 - 7/20/20
• Motion to Expedite and for Preliminary Injunction - 7/20/20
• Response to Motion to Expedite and for Preliminary Injunction - 7/21/20
• Amended Consolidated Original Petition - 7/21/20
• Amended Response to Motion to Expedite and for Preliminary Injunction - 7/22/20
• Motion to Intervene - 7/23/20
• Petitioners' Response to Motion to Intervene - 7/24/20
• Reply in Support of Motion to Intervene - 7/24/20
• Opinion on Expedited Hearing and Intervention - 7/24/20
• Formal Order - 7/24/20
• Answer to Amended Consolidated Original Petition - 7/24/20
• Response to Amended Consolidated Original Petition - 7/26/20
• Second Amended Consolidated Original Action Complaint - 7/27/20
• Petitioners' Motion to Expedite and to Refer Additional Matters to the Special Master - 7/27/20
• Intervenors' Response to Second Amended Consolidated Original Petition - 7/27/20
• Intervenors' Response to Petitioners' Motion to Expedite and to Refer Additional Matters to the Special Master - 7/27/20
• Response to Second Amended Consolidated Original Action Petition - 7/27/20
• Response to Motion to Expedite and to Refer Additional Matters to the Special Master - 7/27/20
• Formal Order - 7/28/20
• Supplement to the Second Amended Original Action Complaint - 7/29/20
• Intervenors' Motion to Strike and Dismiss Petitioners' Supplement to the Second Amended Original Action Complaint - 7/31/20
• Petitioners' Resposne to Intervenors' Motion to Strike and to Dismiss - 7/31/20
• Petitioners' Brief and Addendum on Count 3 - 8/7/20
• Master's Report and Findings of Fact - 8/10/20
• Intervenors' Objections to and Motions for Reconsideration of Certain Findings of Fact in the Special Master's Report - 8/11/20
• Respondent's Notice and Motion to Vacate - 8/11/20
• Special Master's Report Addressing Intervenors' Objections to and Motion for Reconsiderations - 8/12/20
• Brief of Intervenors on Count 3 - 8/14/20
• Petitioners' Brief on Counts 1 & 2 - 8/14/20
• Arkansas State Board of Election Commissioners' Brief on Count 3 - 8/14/20
• Third Amended Consolidated Original Action Complaint - 8/17/20
• Petitioners' Response to Respondent's Notice and Motion to Vacate - 8/17/20
• Petitioners' Motion to Expedite, for a Preliminary Injunction and to Refer Additional Matters to the Special Master - 8/17/20
• Emergency Motion for Preliminary Injunction - 8/17/20
• Petitioners' Reply Brief on Count 3 - 8/17/20
• Respondent's Second Notice and Motion to Vacate - 8/18/20
• Arkansas State Board of Election Commissioners' Brief on Counts 1 & 2 - 8/18/20
• Intervenors' Brief on Counts 1 & 2 - 8/18/20
• Respondent Secretary of State's Response Brief Counts I and II - 8/18/20
• State Board of Election Commissioners' Motion to Dismiss the Third Amended Consolidated Original Action Complaint; and Consolidated Motion for Expedited Consideration - 8/18/20
• State Board of Election Commissioners' Brief in Support of their Motion to Dismiss the Third Amended Consolidated Original Action Complaint; and Consolidated Motion for Expedited Consideration - 8/18/20
• Motion to Strike; The State Board of Election Commissioners' Brief on Counts 1 and 2 and its Motion to Dismiss - 8/19/20
• Arkansas Secretary of State's Motion to Dismiss the Third Amended Consolidated Original Action Complaint - 8/19/20
• Arkansas State Board of Election Commissioners' Opposition to Petitioners' Motion to Strike Brief on Counts 1 & 2 - 8/19/20
• Petitioners' Reply Brief on Counts 1 & 2 - 8/19/20
• Response to Motion to Expedite, for a Preliminary Injunction, and to Refer Additional Matters to the Special Master - 8/19/20
• Response to Emergency Motion for Preliminary Injunction - 8/19/20
• Reply to SBEC's Response on the Motion to Strike - 8/19/20
• Intervenors' Answer to Petitioners' Third Amended Consolidated Original Action Complaint - 8/19/20
• Intervenors' Response in Opposition to Petitioners' Motion to Expedite, for a Preliminary Injunction and to Refer Additional Matters to the Special Master - 8/19/20
• Supplement to the Third Amended Original Action Complaint - 8/20/20
• Response to Second Notice and Motion to Vacate - 8/20/20
• Response to Supplement to the Third Amended Original Action Complaint - 8/24/20
• Majority Opinion on Counts 1 & 2 - 8/27/20
• Dissenting Opinion on Counts 1 & 2 - 8/27/20
• Majority Opinion on Count 3 - 8/27/20
• Dissenting Opinion on Count 3 - 8/27/20
• Mandate - 8/27/20
• Petitioners' Petition for Rehearing and Motion to Recall Mandate - 8/28/20
• Response to Petition for Rehearing and Motion to Recall Mandate - 9/3/20
• State Board of Election Commissioners' Response in Opposition to Petition for Rehearing and Motion to Recall the Mandate - 9/4/20
• Intervenors' Response in Opposition to Petition for Rehearing and Motion to Recall Mandate - 9/4/20
• Formal Orders - 9/10/20