Filed Date: June 23, 2020
Closed Date: Aug. 5, 2020
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This is a case about Arkansas' absentee voting requirements during the COVID-19 pandemic.
On June 23, 2020, Arkansas residents filed this lawsuit in Arkansas state court against the Arkansas Secretary of State. Arkansas law permits absentee voting only by those who fall into one of four statutorily defined categories. Plaintiffs claimed that these requirements were unconstitutional burdens on their fundamental right to vote under Arkansas' Constitution. Represented by private counsel, the plaintiffs sought declaratory relief to either remove the requirements altogether or allow those fearful of contracting COVID-19 to vote by absentee ballot.
Meanwhile, on June 25, 2020 the Secretary of State released a statement saying: "it is my opinion and belief, that our current laws are sufficient to allow the registered voters of Arkansas the choice of going to their local polling location or requesting an absentee ballot from their local County Clerk."
On June 29, 2020 the Chairman of the Republican Party of Arkansas and an Arkansas state representative filed a motion to intervene. In their motion, the proposed intervenors claimed that the requested relief would jeopardize election integrity. They also claimed that Arkansas' county clerks and election commissioners were indispensable parties and should be included in the lawsuit. They simultaneously filed a motion to dismiss citing, among other reasons, a lack of case or controversy given the Secretary of State's June 25th statement. On July 2,2020 the Secretary of State filed his own motion to dismiss.
On July 13,2020 the plaintiffs filed a motion in opposition to the request to intervene, claiming that the intervenors lacked the requisite interests to intervene in the case as they were asserting their right to vote, not challenging election laws. In their response on July 16, 2020, the intervenors asserted that the plaintiffs' decision to continue litigation after the Secretary of State's June 25th statement demonstrated their intent to use the lawsuit to change election laws not just assert their right to vote, which would be of interest to the intervenors.
On July 16, 2020, the plaintiffs filed a motion for partial judgment on the pleadings seeking either a declaration that any excuse to vote absentee is valid or an order by the Governor or the court that fear of COVID-19 is an acceptable excuse to vote absentee.
Following a hearing on July 17, 2020, Judge LaTonya Austin-Honorable granted the defendant's motion to dismiss, stating that the complaint failed to allege facts upon which a claim for relief could be granted. In her July 21, 2020 order, Judge Austin-Honorable stated that plaintiffs had: (1) not applied for an absentee ballot; (2) not had an absentee ballot application denied; and (3) received no guidance that an application would be denied. The intervenors' motions to intervene and dismiss were denied as moot. The plaintiffs did not file an amended complaint. An Order of Dismissal without Prejudice was entered on August 5, 2020.
This case is closed.
Summary Authors
Carrie Clowney (1/28/2025)
Griffen, Wendell (Arkansas)
Couch, David A. (Arkansas)
Eldridge, Preston Tull (Arkansas)
Morrison, Kesia (Arkansas)
Mosley, Michael Allen (Arkansas)
Last updated Jan. 30, 2024, 10:51 p.m.
State / Territory:
Case Type(s):
Special Collection(s):
COVID-19 (novel coronavirus)
Healthy Elections COVID litigation tracker
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: June 23, 2020
Closing Date: Aug. 5, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Three citizens of Arkansas with various reasons for wanting to avoid contracting COVID-19 at a common polling place.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Other Dockets:
Arkansas state trial court 60CV-20-3565
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
Voting: