Filed Date: Feb. 29, 2016
Closed Date: May 24, 2016
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This is a case about a candidate's removal from an election ballot for the Democratic Party of Arkansas in the May 22, 2012, Democratic Party preferential primary.
In March 2012, the plaintiff attempted to register for re-election as a candidate but the Democratic Party of Arkansas determined that he was not eligible to run for public office because a felony conviction appeared on his record at that time. On February 29, 2016, the plaintiff filed a complaint against the Democratic Party of Arkansas and several state government officials claiming that the defendants' actions violated the Voting Rights Act. The complaint was filed in the U.S. District Court for the Eastern Division of Arkansas, and the Judge was District Judge D.P. Marshall Jr. The plaintiff sought money damages (compensatory, punitive and exemplary and emotional damages).
On 24 May 2016, the Court granted the plaintiff's motion to proceed in forma pauperis but dismissed the complaint without prejudice as part of a global Order dismissing four pending cases. The Court Order noted that all four cases related to the plaintiff's challenge of a court order (and related events) removing him from the election ballot, and his claim that several state government officials had conspired to remove him from the ballot and ruin his good name. The Court held that this complaint failed for two reasons: (i) because some of the named defendants were involved in an earlier case which the Court had dismissed without prejudice and which the plaintiff had appealed, which meant that the Court lost power over the dispute as it was now in the Court of Appeal's hands; and (ii) because the plaintiff was not an “aggrieved person” entitled to sue under the Act, as his voting rights hadn't been denied.
The Court also cautioned the plaintiff that he could not keep filing federal lawsuits about issues that had been decided or lacked merit.
The case is now closed.
Summary Authors
Georgia Powell (7/9/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5563901/parties/smith-v-democratic-party-of-arkansas/
Marshall, Denzil Price (Arkansas)
Smith, Frederick (Arkansas)
See docket on RECAP: https://www.courtlistener.com/docket/5563901/smith-v-democratic-party-of-arkansas/
Last updated Aug. 8, 2025, 7:13 a.m.
State / Territory: Arkansas
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Feb. 29, 2016
Closing Date: May 24, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
An individual acting in his personal capacity.
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Democratic Party of Arkansas (Arkansas), Political Party
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
Voting: