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Voter signatures were being reviewed and counted this week already for two proposed constitutional amendments, and now the Secretary of State's Office has been ordered to start counting discarded petitions submitted by sponsors of the Arkansas Abortion Amendment of 2024.
Arkansans for Limited Government asked the Arkansas Supreme Court to step in quickly after the Secretary of State's Office rejected their petitions for the November ballot.
The court on Tuesday ordered a count of signatures collected by volunteers to be completed by 9 a.m. Monday, July 29.
Ballot issue groups need at least 90,704 voter signatures statewide, with a certain percentage coming from at least 50 counties. A recent state law increased the number of counties where signatures must be collected, from 15 counties to 50 counties.
What Happened? A Time Line
Sponsors and state officials disagree whether voter signatures should be counted to qualify the abortion amendment for the November ballot. Required paperwork is at the center of the disagreement, and not the merits of the proposal or the validity of voter signatures themselves.
Below is a time lime of what's happened so far.
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June 27 - A representative of Arkansans for Limited Government (AFLG) emailed Secretary of State John Thurston's office their sponsor affidavit identifying paid canvassers by name and a statement signed by the group indicating they provided paid canvassers with a copy of the state's election rules and explained signature collecting laws.
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July 5 - AFLG representatives submitted an estimated 101,525 voter signatures, a list of paid canvassers, and affidavits from canvassers that AFLG explained related election laws to them.
- He contended the group's paperwork submission was incomplete and therefore he could not count or verify voter signatures on their petitions.
- He also notified the group they would fall below the required signature threshold when eliminating an estimated 14,142 voter signatures gathered by paid canvassers. The number was based on paperwork AFLG submitted and not a count of the signatures by Thurston's office.
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July 11 - AFLG Executive Director Lauren Cowles responds to Thurston's letter and says the law requires him to count the voter signatures they submitted before he can reject their petition.
- She submitted a new statement from AFLG restating its compliance with Arkansas Code 7-9-111(f)(2).
- Cowles said Thurston did not list any reasons allowed under Arkansas Code 7-9-126(b) to reject voter signatures. She also mentioned that Arkansas Code 7-9-111(f)(2) doesn't have a "do not count" penalty associated with it.
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July 15 - Thurston responds to AFLG and reaffirms his rejection of their petition for the November ballot.
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July 16 - Cowles files a lawsuit asking the Arkansas Supreme Court to overturn Thurston's decision and order him to count the voter signatures they submitted July 5.
- Cowles said AFLG complied with state law with paperwork submitted on July 4 and July 5. She also contended that Thurston's office told them additional signed statements weren't necessary. She said AFLG should be allowed under state law to correct any paperwork error.
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July 19 - Attorney General Tim Griffin asks the Court to dismiss the lawsuit. His reasons included:
- The Court didn't have jurisdiction because AFLG could only sue if their signatures were deemed deficient. Thurston didn't count the signatures.
- AFLG didn't submit a required statement on July 5 saying their paid canvassers received a copy of the state's election rules and that they explained to canvassers the laws regarding obtaining signatures.
- The woman who submitted paperwork on behalf of AFLG couldn't be considered a sponsor because she was also a paid canvasser.
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July 23 - At 8:02 p.m., the Arkansas Supreme Court responded by ordering Thurston to count voter signatures collected by volunteers by July 29. The opinion did not say anything about voter signatures collected by paid canvassers.
Why This Matters
The longer it takes the Secretary of State's Office to verify voter signatures, the less time AFLG has to correct any deficiencies before the state's Aug. 22 deadline to send the official ballot to county election officials. This includes having time to collect more voter signatures to make up for any that are disqualified (i.e. duplicate signatures, signatures from people who aren't registered to vote).
If the proposed amendment isn't on the statewide ballot sent out Aug. 22, voters won't have the ability to vote on the measure in November.
In their July 23 order, the Arkansas Supreme Court reserved the right to rule further depending on the outcome of the signature count.
Read the Court Documents for CV-24-455, Cowles v. Thurston
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