Filed Date: March 14, 2016
Closed Date: May 24, 2016
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This is a case about a private African American citizen who alleged that his right to appear on the Arkansas state ballot for State Representative was violated by the State of Arkansas and a State Judge because the Judge found him ineligible to appear on the ballot due to a pending felony charge that was later dismissed.
On March 14, 2014, an African American Arkansas voter and citizen filed a lawsuit in the U.S. District Court for the Eastern District of Arkansas Jonesboro Division against Georgia Judge Mary McGowan. The plaintiff claimed that on April 9, 2012, the Judge improperly denied him the right to appear on the ballot for State Representative and therefore also denied him the right to exercise his right to vote for the candidate of his choice (himself). The plaintiff alleged that the denial violates Section 2 of the Voting Rights Act as well as other allegations including racketeering and conspiracy. Represented pro se, the plaintiff sought $300,000 in compensatory damages, $300,000 in punitive damages, and an additional $300,000 in exemplary and emotional damages, as well as attorney’s fees.
On May 24, 2016, District Judge D.P. Marshall Jr. was assigned to the case and granted an order for a Motion for Leave to Proceed in forma pauperis. On the same day, Judge Marshall dismissed the case with prejudice because the plaintiff was facing a felony conviction at the time of his application to run for State Representative. The court cautioned the plaintiff that he cannot keep filing federal lawsuits about issues that have either been decided or lack merit.
Summary Authors
LFAA (8/19/2025)
Smith v. Secretary of State, Eastern District of Arkansas (2016)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5563905/parties/smith-v-mcgowan/
Marshall, Denzil Price (Arkansas)
Pordy, Hope Allison (Arkansas)
Smith, Frederick (Arkansas)
Merritt, Jennifer L. (Arkansas)
See docket on RECAP: https://www.courtlistener.com/docket/5563905/smith-v-mcgowan/
Last updated June 13, 2025, 4:08 a.m.
State / Territory: Arkansas
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: March 14, 2016
Closing Date: May 24, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A male, African American private citizen who believes his right to be on the State House of Representatives ballot was denied, as was his ability to vote for himself on said ballot.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State of Arkansas (Arkansas), State
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: