Lange v. Martin , 2016 Ark. 302 ( 2016 )

Cite as 2016 Ark. 302
SUPREME COURT OF ARKANSAS
No. CV-16-796
CHUCK LANGE and BILL WALMSLEY, Opinion Delivered September 9, 2016
INDIVIDUALLY AND ON BEHALF OF
COMMITTEE TO PROTECT
ARKANSAS VALUES/STOP CASINOS AN ORIGINAL ACTION
NOW
PETITIONERS
V.
MARK MARTIN, IN HIS OFFICIAL
CAPACITY AS SECRETARY OF STATE
OF THE STATE OF ARKANSAS
RESPONDENT
ARKANSAS WINS IN 2016, LLC, AN
ARKANSAS LIMITED LIABILITY
COMPANY, AND ARKANSAS
WINNING INITIATIVE, INC., AN
ARKANSAS NONPROFIT
MOTION FOR EXPEDITED
CORPORATION; AND CYNTHIA R. CONSIDERATION GRANTED;
STONE; JEFF CROCKETT; AND MOTIONS TO INTERVENE GRANTED;
LARRY J. WITCHER BIFURCATION ORDERED; MASTER
APPOINTED; BRIEFING SCHEDULE SET;
INTERVENORS ORAL ARGUMENT DENIED.
PER CURIAM
On September 6, 2016, petitioners Chuck Lange and Bill Walmsley, individually and
on behalf of Committee to Protect Arkansas Values/Stop Casinos Now filed an original action
in this court pursuant to article 5, section 1 of the Arkansas Constitution, as amended by
amendment 7 to the Arkansas Constitution, for an order to invalidate a proposed initiated
Cite as 2016 Ark. 302
constitutional amendment. On September 1, 2016, respondent Mark Martin, Arkansas
Secretary of State, certified a proposed initiated constitutional amendment with the popular
name “An Amendment to Allow Three Casinos to Operate In Arkansas, One Each In the
Following Counties: Boone County, Operated by Arkansas Gaming and Resorts, LLC; Miller
County, Operated by Miller County Gaming LLC; and Washington County, Operated by
Washington County Gaming, LLC” to be placed on the November 8, 2016 general election
ballot. Petitioners now seek to have this court (1) declare the ballot title insufficient and to
enjoin respondent from placing the measure on the ballot for the November 8, 2016 general
election; (2) declare that the sponsors of the proposed amendment have failed to submit
sufficient valid signatures to place the proposed amendment on the ballot for the November
8, 2016 general election; (3) order that any ballots cast on the proposed amendment under any
circumstances not be counted; and (4) award them all other relief to which they are entitled.
Petitioners also request that we bifurcate consideration of Counts I and II and Count III.
Regarding Count III, petitioners pray for the appointment of a master to make factual
findings with regard to the sufficiency of the signatures. Petitioners have also proposed a
briefing schedule, oral argument, and leave to take depositions.
Arkansas Wins in 2016, LLC, and Arkansas Winning Initiative, Inc., sponsors of the
proposed amendment, have petitioned to intervene in this original action and oppose the
relief sought by petitioners. They have also asked for oral argument. Cynthia R. Stone; Jeff
Crockett; and Larry J. Witcher, registered voters in Arkansas and signatories of the petitions
to put the proposed amendment on the ballot, have also moved to intervene. They seek to
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protect their right to vote on the proposed amendment in the November 8, 2016 general
election.
We grant expedited consideration of this petition. We order bifurcation of petitioner’s
ballot-title and constitutional issues in Counts I and II, and the signature challenges in Count
III. Petitioner’s brief concerning Counts I and II is due on September 16, 2016.
Respondent’s and intervernors’ briefs concerning Counts I and II shall be due seven days
thereafter, on September 23, 2016. Petitioner’s reply brief is due September 26, 2016. Oral
argument is denied.
Count III raises issues of fact with regard to the validity of signatures. Arkansas
Supreme Court Rule 6-5(c) (2015) provides that evidence on issues of fact will be taken by
a master to be appointed by this court. Therefore, we appoint the Honorable Bentley Story
as master and direct him to conduct such proceedings and hearings subject to, and in
accordance with, Rule 6-5(b) and Arkansas Rule of Civil Procedure 53 (2015), as are
necessary to determine whether the allegations contained in the petition are true. We further
direct him to file his report with this court by September 29, 2016. In the discharge of his
duties, the master has the authority to address the parties’ discovery motions.
Petitioners’ brief on Count III is due October 5, 2016. Respondent’s and intervenors’
briefs are due on October 12, 2016. Petitioners’ reply brief is due on October 13, 2016.
This court has routinely required parties to post a bond in original actions brought
under amendment 7 when a master is appointed. See Stephens v. Martin, 2014 Ark. 402 (per
curiam); Roberts v. Priest, 334 Ark. 244, 973 S.W.2d 797 (1998) (per curiam). Respondent
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is not subject to the payment of costs because of sovereign immunity. See Stephens, 2014 Ark.
402. Therefore, petitioners and intervenors are directed to file a bond to be approved by our
clerk in the amount of $5000 to secure payment of costs adjudged against them in taking and
transcribing proof, including the master’s fee.
It is so ordered.
GOODSON, J., not participating.
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