Arkansas Supreme Court directs signature counts, appoints special masters in multiple ballot disputes

The Arkansas Supreme Court issued a series of per curiam orders Aug. 19, 2024, in multiple original actions challenging the handling and validity of petition signatures for proposed ballot measures, directing the Secretary of State to perform counts under state law, appointing special masters to resolve factual issues, and setting deadlines for filings and reports.

Why it matters: The orders affect whether proposed ballot measures clear procedural hurdles to qualify for the ballot by resolving disputes over how volunteer canvassers’ signatures were counted and whether petition circulators or petitioners met statutory requirements.

The court’s orders address several related cases. In CV-24-453 (Oscar Stilley v. John Thurston; and Arkansans for Limited Government), the court appointed Gary Arnold as Special Master to hold a hearing and make findings of fact about Oscar Stilley’s voter registration and report those findings to the court by Aug. 26, 2024. The court also ordered the petitioner to file a bond in the amount of $5,000; the bond was due within seven days (listed as Aug. 16, 2024, in the order). The per curiam entry notes that Justices Wood and Hiland would not have appointed a Special Master.

In CV-24-455 (Lauren Cowles, on behalf of Arkansans for Limited Government, v. John Thurston), the court granted a motion to expedite and ordered the Arkansas Secretary of State to perform the initial signature count collected by volunteer canvassers under A.C.A. § 7-9-126(a) by Monday, July 29, 2024, at 9:00 a.m. The court reserved the right to issue further orders and proceed in accordance with state law. A separate concurrence by Kemp, C.J., and Justices Baker and Hudson stated those justices would have ordered a verification analysis under A.C.A. § 7-9-126 and would have required the Secretary of State to provide the findings of that review to the court by July 29, 2024, at 3:00 p.m. That concurrence also said those justices would have granted petitioners a 30-day provisional cure period and would appoint a Special Master for fact-finding if necessary. The order directed the respondent (Secretary of State) to file an answer by July 29, 2024, at 9:00 a.m., and set a simultaneous briefing schedule with briefs due Aug. 2, 2024, at 4:30 p.m., and reply briefs due Aug. 9, 2024, at 4:30 p.m.

In CV-24-492 (Jennifer McGill, on behalf of the Arkansas Canvassing Compliance Committee; and Cherokee Nation Entertainment, LLC v. John Thurston; Local Voters in Charge; and Jim Knight), the court granted a motion to expedite, allowed intervention where noted, ordered bifurcation, and appointed a Special Master; the court’s per curiam order denied a motion for oral argument, though Justice Wood stated he would have granted oral argument. The record also shows the court denied an unopposed motion to file an enlarged brief in that case (with Chief Justice Kemp indicating he would have granted that motion).

Other procedural outcomes recorded in the per curiam entries include orders granting leave to file supplemental addenda, orders granting or denying interventions, and the court taking certain motions with the cases (for later disposition). Several of the per curiam entries reference earlier proceedings and set timing for potential further action (briefing, special-master reports, and possible additional orders).

Discussion versus decision: The per curiam entries are primarily directive and procedural. The court directed specific actions (orders to the Secretary of State to perform counts under A.C.A. § 7-9-126(a); appointment of Special Masters; deadlines for filings and reports). Separate concurring or dissenting notations by individual justices (for example, Kemp, C.J., and Justices Baker and Hudson expressing they would have ordered additional verification; Wood and Hiland indicating they would not have appointed a Special Master) reflect internal disagreement about the appropriate procedures but do not alter the court’s per curiam directives.

What’s next: The orders set near-term deadlines for administrative action and fact-finding reports (July 29 deadlines for counts and filings in CV-24-455; Aug. 26 special-master report deadline in CV-24-453) and scheduled briefing deadlines in early August. The court’s per curiam entries indicate further proceedings or decisions may follow receipt of special-master reports and statutory review findings.