Secretary of State, AG appeal to high court to rule on Voter ID lawsuit before May primary

Secretary of State Mark Martin and Attorney General Leslie Rutledge filed appeals Friday (April 27) with the Arkansas Supreme Court to intervene in a late Thursday evening decision by a Pulaski County judge to block state elections officials from implementing new Voter ID rules ahead of the upcoming May primary elections.

The filings occurred less than 24 hours after Pulaski County Circuit Court Judge Alice Gray declared a Voter ID bill approved by the General Assembly in 2017 as unconstitutional and entered a preliminary injunction halting state election officials from imposing a requirement forcing Arkansas citizens to present a photo ID in upcoming elections in 2018.

The case was first filed on Feb. 7 in Pulaski County Circuit Court by Little Rock resident Barry Haas against Secretary of State Mark Martin and the Arkansas State Board of Election Commissioners. Haas asked the court for a preliminary injunction to challenge the constitutionality of Act 633 of 2017, which would require Arkansas citizens to verify their voter registration.

In a similar lawsuit brought by Haas in 2014, Pulaski County Circuit Court Judge Tim Fox ruled Act 595 approved by the Legislature in 2013 was unconstitutional because it added extra requirements to be an eligible voter, specifically production of state-approved voter IDs. The lower court declared the 2013 legislative act void and unenforceable, and it was later unanimously affirmed by the state’s high court. Still, about 1,200 ballots were not counted in 2014 because of the law.

Martin, in a three-page notice to the court, filed a so-called notice of interlocutory appeal, which seeks to temporarily appeal a ruling by the Pulaski County Circuit Court before a trial occurs so no parties are harmed. Martin filed his appeal in his official capacity as chairman of the Arkansas State Board of Commissions.

After filing his appeal on Friday morning, Martin’s office issued the following statement concerning Gray’s ruling Thursday ordering an injunction against the state’s voter ID law during the primary election: “Presenting identification is required for almost all facets of American life. Securing the integrity of our electoral system is vitally important. Changing the rules in the middle of an election is irresponsible and creates confusion for voters. It is our job to uphold the law and to conduct a secure election.  We strongly, but respectfully, disagree with Judge Gray’s opinion and are appealing this decision to the Arkansas Supreme Court.”

Rutledge filed a separate appeal on behalf of Rhonda Cole, James Harmon Smith III, Belinda Harris-Ritter, Charles Roberts, Chad Pekron, and James Sharp, the seven commissioners charged to oversee and monitor state elections. Rutledge’s office did not immediately respond to a request for comment.

In her 60-page order Thursday afternoon, Gray ruled Act 633, passed by the General Assembly by a narrow three-fourths majority in the 2017 regular session, was unconstitutional because it imposed additional requirements to vote that are not found in the state constitution.

“Article 3, section 2 of the Arkansas Constitution guarantees the free exercise of the right of suffrage to all Arkansans,” the ruling states. “Several provisions of Act 633 and their corresponding administrative rules, when considered together with the manner in which they are being interpreted and implemented by the State of Arkansas’s top election officials, operate to impair this right of suffrage guaranteed to Arkansas citizens, and are unconstitutional.”

In late March, the state’s high court refused to intervene in Haas’ lawsuit against the state elections after Martin said officials needed ample time ahead of the May primary to send out absentee ballots. Early voting begins May 7 for the May 22 preferential primary election. The 2018 general election will be held Nov. 6.