On March 21, 2022 a group of Arkansas voters filed a lawsuit against Arkansas's Secretary of State and the members of the Arkansas State Board of Election Commissioners challenging the state's enacted congressional redistricting plan as violating the Arkansas Constitution. First, plaintiffs assert the enacted plan "cracks" Black communities in Pulaski County, thereby diluting their voting strength in violation of the Arkansas Constitution's Free and Equal Elections Clause (art. 2, § 3) and right to vote (art. 3, § 2). Second, they allege by cracking Black communities and diluting their voting strength, the plan also violates the Arkansas Constitution's Equal Protection guarantees (art. 2, §§ 2, 3) and Equal Rights Amendment (art. 2, § 18). They are seeking a judicial declaration that the enacted plan violates the Arkansas Constitution, an injunction barring the defendants from using the plan in future elections, and a court order requiring the adoption of a new congressional plan that doesn't dilute Black voting strength.

On April 22, the defendants filed a notice of removal to transfer the case to the U.S. District Court for the Eastern District of Arkansas. On July 8, the court granted the plaintiffs' motion to stay pending its resolution of their motion for remand. On July 13, the district court issued an order remanding the case back to the Circuit Court of Pulaski County on the grounds the court lacked subject matter jurisdiction over the claims.

The Pulaski County Circuit Court dismissed the case for lack of subject-matter jurisdiction on May 11, 2023.


Arkansas Circuit Court, Pulaski County - No. 60CV-22-1849

U.S. District Court for the Eastern District of Arkansas, Central Division - No. 4:22-cv-368

Arkansas Circuit Court, Pulaski County - No. 60CV-22-1849 [On remand]