BONNIE MILLER, INDIVIDUALLY AND ON BEHALF OF ARKANSAS VOTERS FIRST AND OPEN PRIMARIES ARKANSAS, BALLOT QUESTION COMMITTEES v. JOHN THURSTON, IN HIS CAPACITY AS ARKANSAS SECRETARY OF STATE , 2020 Ark. 262 ( 2020 )

Cite as 2020 Ark. 262
SUPREME COURT OF ARKANSAS
No. CV-20-454
Opinion Delivered: July 24, 2020
BONNIE MILLER, INDIVIDUALLY
AND ON BEHALF OF ARKANSAS
VOTERS FIRST AND OPEN AN ORIGINAL ACTION
PRIMARIES ARKANSAS, BALLOT
QUESTION COMMITTEES
PETITIONERS
V.
JOHN THURSTON, IN HIS
CAPACITY AS ARKANSAS
SECRETARY OF STATE
RESPONDENT
MOTION TO EXPEDITE AND FOR
ARKANSANS FOR PRELIMINARY INJUNCTION
TRANSPARENCY, A BALLOT GRANTED; MOTION TO
QUESTION COMMITTEE, AND INTERVENE GRANTED; SPECIAL
JONELLE FULMER, INDIVIDUALLY MASTER APPOINTED; BRIEFING
AND ON BEHALF OF ARKANSANS SCHEDULE SET.
FOR TRANSPARENCY
INTERVENORS
PER CURIAM
At issue in this original action are two statewide initiative petitions proposing
amendments to the Arkansas Constitution. On July 17 and July 21, 2020, petitioners
Bonnie Miller, individually and on behalf of Arkansas Voters First and Open Primaries
Arkansas, ballot question committees, filed their consolidated original petition and amended
consolidated original-action petition. Petitioners challenge respondent’s decisions declaring
their initiative petitions insufficient to qualify for the November 3, 2020 general election
ballot. Pending is petitioners’ motion to expedite and for preliminary injunction. Also
pending is a motion to intervene filed by Arkansans for Transparency, a ballot question
committee, and Jonelle Fulmer, individually and on behalf of Arkansans for Transparency.
We grant the motion to intervene.
We grant expedited consideration and appoint the Honorable John Fogleman as
special master to resolve the factual disputes raised in the amended petition. The response
to the amended consolidated original-action petition is due July 27, 2020. The special
master’s report shall be filed no later than August 3, 2020. The briefing schedule is set as
follows: petitioners’ brief due August 5, 2020; respondent’s and intervenors’ briefs due
August 7, 2020; and reply brief due August 10, 2020.
The motion for temporary injunctive relief is granted as follows. Respondent is
directed to continue facial review of the petition regarding redistricting submitted by
Arkansas Voters First and to begin verifying signatures on both initiative petitions.
Petitioners are granted a thirty-day cure period to commence on the date of this order.1
This court has routinely required parties to post a bond in original actions brought
under amendment 7 when a master is appointed. See Lange v. Martin, 2016 Ark. 302 (per
curiam). Respondent is not subject to the payment of costs because of sovereign immunity.
See id. Therefore, petitioners and intervenors are directed to file a bond to be approved by
our clerk in the amount of $5,000 to secure payment of costs adjudged against them in
taking and transcribing proof, including the master’s fee.
1
This cure period is provisional, and counting the signatures collected during the
cure period depends on whether the petitioners are ultimately determined to be entitled to
a cure period.
2
It is so ordered.
WOOD, J., not participating in the motion to intervene.
3