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Arkansas abortion amendment supporters respond to motion to dismiss lawsuit • Arkansas Advocate

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Arkansas abortion amendment supporters respond to motion to dismiss lawsuit • Arkansas Advocate


Arkansans for Limited Government on Monday asked the state Supreme Court to deny the attorney general’s motion to dismiss its lawsuit challenging the secretary of state’s rejection of the group’s proposed ballot measure to expand abortion access. 

AFLG, the ballot question committee supporting the proposed constitutional amendment, filed a lawsuit on July 16 asking the high court to order Secretary of State John Thurston to count the more than 101,000 signatures the group submitted in support of the measure on July 5

The group also asked the court to expedite the case with a temporary restraining order or preliminary injunction overruling Thurston’s decision not to count the signatures.

AFLG said in a statement Monday night that it continues “to assert, strongly, that the facts of this case require the Secretary of State to count our signatures.”

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“Our response to the Attorney General’s motion today reemphasizes our belief that the attempt to disqualify the Arkansas Abortion Amendment was illegitimate and undemocratic,” the statement said. “We remain hopeful that the Court will rule in a manner that honors our state Constitution and prevents the government from weaponizing paperwork to skirt the will of the people.” 

AFLG v Thurston Dismissal Motion Response

 

In a motion to dismiss the lawsuit filed Friday, Attorney General Tim Griffin contended Thurston “correctly rejected” AFLG’s submission because the group failed to submit a sponsor statement indicating it had provided canvassers with a handbook and explained the legal requirements for obtaining signatures.

Griffin also argued the Arkansas Supreme Court lacks jurisdiction over AFLG’s original action because the group did not comply with requirements.

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Attorney general requests dismissal of Arkansas Abortion Amendment lawsuit

In a response to Griffin’s motion filed Monday, attorney Peter Shults argued on behalf of AFLG that the court does have original jurisdiction because Thurston made a sufficiency determination. 

Shults said Griffin incorrectly argued Thurston’s decision was not a sufficiency determination because state law requires the secretary to “ascertain and declare the sufficiency or insufficiency of the signatures” when a petition is submitted.

“The law gives the Secretary no other options,” he wrote. 

Shults also argued that noncompliance with § 7-9-111(f)(2), the state law that Thurston cited as the reason for rejecting AFLG’s petition, alone does not invalidate an entire petition or any part of it. A separate section of state code provides “the exclusive list of reasons” for not counting petition signatures, not the statute cited by Thurston, he said.

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Griffin’s arguments for dismissal are based on noncompliance with state law, but Shults argued that petitioners did comply “in a manner already endorsed by the Secretary’s office.” Thurston does not dispute that Allison Clark sent a Sponsor Affidavit to the Secretary’s office on June 27, 2024, that the affidavit attested to the information requested in state law or that it was signed by Clark as an agent of AFLG, Shults said.

However, “citing no authority,” Thurston argued that Clark can’t be a sponsor or agent of a sponsor because she also worked for the company that hired paid canvassers and was listed as a paid canvasser, Shults said. Nothing in statute prohibits a canvasser, paid or unpaid, from acting as a sponsor’s agent, he said.

“To follow the Secretary’s logic would mean that no sponsor, as an individual or individual working on behalf of a sponsor entity, could also be a paid canvasser,” Shults wrote. “Such an interpretation limits that individual’s ‘core political speech’ and likely violates the First Amendment to the U.S. Constitution.”

Let us know what you think…

When asked by AFLG what it would need to sign and submit on the day of filing, the secretary’s office responded that only the Receipt for Initiative or Referendum Petition was needed, Shults said. Additionally, Thurston’s attorneys and representatives assured petitioner Lauren Cowles on July 5 that she had filed the necessary paperwork with her submission, Shults said. 

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“Petitioners continually tried to follow the correct procedures and the Secretary’s office repeatedly told them they were doing so, before the Secretary abruptly rejected their petition,” he wrote. “This bait and switch was unfair, and the Secretary should be estopped from rejecting petitioners’ submission.” 

If the proposed Arkansas Abortion Amendment of 2024 makes it to the ballot and is approved by voters in November, it would not allow government entities to “prohibit, penalize, delay or restrict abortion services within 18 weeks of fertilization.” 

The proposal would also permit abortion services in cases of rape, incest, a fatal fetal anomaly or to “protect the pregnant female’s life or physical health,” and it would nullify any of the state’s existing “provisions of the Constitution, statutes and common law” that conflict with it.

Abortion has been illegal in Arkansas, except to save the pregnant person’s life, since the U.S. Supreme Court overturned Roe v. Wade in 2022. 

Constitutional amendments need 90,704 signatures to qualify for the ballot. AFLG said it submitted a total of 101,525 signatures and met the qualifying minimum of 3% of voters in 53 counties. A 2023 state law being challenged in court requires signatures be collected from at least 50 counties, an increase from 15.

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Sponsors of proposed ballot measures can be allowed more time — the “cure period” —  to submit additional signatures if the initial submission contains valid signatures from registered voters equal to at least 75% of the overall required number of signatures and 75% of the required number from at least 50 counties.

Griffin’s motion to dismiss said AFLG is not entitled to a cure period.

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Arkansas TV’s CEO discusses funding surge to possibly keep PBS

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Arkansas TV’s CEO discusses funding surge to possibly keep PBS


CONWAY, Ark. – Three months after Friends of Arkansas PBS formed to try to preserve PBS programming in the Natural State, it now looks like a legitimate possibility. After a whirlwind few months, Carlton Wing, CEO & Executive Director of Arkansas TV, is ready for any outcome.

Wing, since taking over the role around six months ago, has spearheaded a rebrand and the disaffiliation from PBS, which was set to take place at the end of June.

The dues cost Arkansas TV $2.5 million a year, and with that cost, they felt they couldn’t stay afloat after federal funding cuts, while retaining PBS programming.

In turn, they became the first state to say they’d end the partnership.

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“Whatever politics happened, happened way above us in Washington D.C., we have to deal with the financial realities of how we keep public television alive,” Wing said.

He said they immediately entered into emergency budgeting, attempting to get the network out of the red. A grim financial outlook at the time from his perspective.

“The financial realities are there, and we have to deal with that financial reality regardless of one of our providers of public television content,” Wing said.

When the announcement gained traction, a group, spearheaded by former first ladies of Arkansas Barbara Pryor and Gay White, formed to try and keep PBS alive.

“We recognize that there’s a lot of emotions tied to anything that we like,” Wing said.

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Friends of Arkansas PBS gained enough eyeballs to bring top PBS executives, including CEO Paula Kerger, to the state.

“Well, you have to understand what they’re doing when they come is they’re trying to protect that paycheck that has come from Arkansas for decades now,” Wing said.

The momentum was enough to get the Arkansas Public Television Commission to vote to pause the disaffiliation until their next quarterly meeting, creating a window for funds to be raised in the meantime.

Since a pledge of $1 million a year for the next three years coming from an anonymous donor, along with the Arkansas TV Foundation creating a separate dues fund, that’s allowed them to commit to $1.5 million a year as well over the next three.

While Wing has helped the station plan to increase local programming from 5% to 30%, that won’t change, but things may have to be arranged now that they’re closing in on the funds needed to retain PBS.

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“People recognized this is a very real situation and stepped up to be able to make that happen. We’re not quite there yet, but everything is heading in the right direction. There’s still money that needs to be raised,” Wing said.

He has maintained his stance throughout, while conversations may be political above him, this decision is strictly fiscal on his and the station’s end.

“I have said many times that people have tried to make this a red vs blue issue. It’s all about green and about whether you operate in the black or red,” Wing said.

Wing has said that despite being painted as his opposition, his relationship with Pryor and White is far from that.

“My wife and I went and had lunch with them just a couple of weeks ago, and they’re so excited to be involved with a cause,” Wing said.

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He was also adamant that he doesn’t have some form of vendetta against PBS; in fact, it’s played a pivotal role in helping his own daughter, who’s set to graduate with an MBA from the University of Chicago soon.

“PBS played a very vital role in her enthusiastically learning how to read. Yes we absolutely want that, we just have to be able to afford it because I can’t jeopardize the whole network to be able to pay for one provider of public television,” Wing said.

Still, the commission would need to vote to approve resuming the partnership, a vote that would be held at the next quarterly meeting on June 4th.

“I’m hesitant to predict because I don’t know what’s going to happen between now and that meeting,” Wing said on the vote.

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Arkansas’ upcoming Medicaid work requirement will avoid mistakes of 2018 version, official says | Northwest Arkansas Democrat-Gazette

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Arkansas’ upcoming Medicaid work requirement will avoid mistakes of 2018 version, official says | Northwest Arkansas Democrat-Gazette


An Arkansas Department of Human Services official said Friday that the state took lessons from its previous attempt at implementing a Medicaid work requirement, such as the importance of providing clear communications and using simple design and personal interaction rather than relying on technology that it will take into account when beginning its new requirement next year.



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Facts matter | Arkansas Democrat Gazette

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Facts matter | Arkansas Democrat Gazette


The University of Arkansas-Little Rock’s William H. Bowen School of Law began as UA-Fayetteville’s night division (yes, in Little Rock) in 1965. A decade later, the Legislature created UA-Little Rock’s law school; transferred thereto Fayetteville’s night program; and added a full-time component.

In 2023, Colin Crawford became Bowen’s dean. Shortly thereafter, he suggested killing Bowen’s in-person night program and replacing it with yet another online law school. When confronted with a buzzsaw of opposition in Arkansas’ legal community, Crawford paused this misadventure.

Today, Arkansas-based part-time law students have the option of either attending the state’s only in-person night law school or enrolling in one of several existing online schools. If Bowen’s night program goes online, Arkansans lose this choice.

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Last week, I wrote about state Sen. Dan Sullivan’s efforts to curtail new attempts to replace Bowen’s night program with an online one and his delivery of Ten Commandments posters to Bowen for display.

I relayed Crawford’s unexpected public inquisition of Sullivan, wherein Crawford charged: “So you brought those 19 [framed Ten] Commandments to the law school. You could have gone [elsewhere] . . . but you came here to the law school, and I believe, haven’t gone elsewhere . . . [And] you also then submitted a piece of ‘special legislation’ that would have had the effect of tying up the university budget if, if the law school did not, was, was not prohibited from having an online program. So the question is, because I’ve been asked it many times, what’s [your] beef with us. Why [are you] singling out the school of law?”

Sullivan answered, correcting Crawford’s misrepresentations: “First of all, I’m not singling [the law school] out. I took [the posters previously] to Jonesboro schools. I think I had 400 that I took–close to that–[and] I took [several of] them to Arkansas State University . . . [And] why did I take the position of putting a hold on the [university’s] budget? [I did so] because I had a number of people in the law school and outside of law school, former graduates–people who are attorneys that went to school here that are now in the profession–[raise concerns]. People talk[ed] about retaliation; they were afraid to–if they brought [concerns]–they’d be retaliated against.”

My colleague Josh Silverstein elaborated on the retaliation: “The dean castigated me in my annual review for my opposition to moving the part-time program online and, surprisingly, for criticisms against the online proposal leveled by others whom I don’t control. He later accused me of resisting the change in bad faith, even though much of the Bowen community is similarly opposed.”

The saga continues.

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In August, I wrote a column–which this paper nominated for several journalism awards–stating:

“Why put the Bowen night class online in the first place? At a recent faculty meeting, an administrator stated that the purpose is to enlarge the night class. She highlighted that the incoming night class has 38 students. But that’s not the whole story. Here’s the rest:

” m Both the forthcoming day and night classes have been closed for some time, because they’re completely full.

” m The night class has 38 students in it simply because the school capped the class at 38–not due to lack of demand. Earlier in the year, the class was capped at 40, and it had–you guessed it–40 students. The administration then reduced the size of the night class to 38. If you want the night class to be larger than 38, then allow it to be larger than 38.

” m If the school wants to enroll a larger night class with, say, 50 students, we could do so with qualified folks ready to attend.

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“    m Finally, the school’s admissions policy states: ‘The Law School will enroll each academic year an entering class of approximately 140 applicants to its combined full and part-time divisions.’ The current incoming class has 158 students. Call me old school, but I don’t understand this new math in which having 18 extra students reflects under-enrollment.”

That column remains 100 percent correct, because this paper and I painstakingly verify our information. That column’s source: Bowen’s then-admissions dean. (She also confirmed the information presented today.)

Nonetheless, in my annual evaluation at Bowen, Crawford took issue with the contents of that previous column, which I wrote as a journalist for this paper. (My Democrat-Gazette boss assures me that he won’t be evaluating my law-school performance–nor my cooking, for that matter!)

Crawford wrote: “I write to offer observations about certain activities of yours during the evaluation period that were disruptive to the School of Law community. Specifically, in summer 2025, you publicly stated that the School of Law had ‘excess demand’ for its part-time program that the administration has capped enrollment in the program. However, as reported to the faculty earlier in the Spring by the then Assistant Dean of Admissions, many of the students admitted to the part-time program preferred to be in the full-time program, for which there were no available spaces. There was no excess demand for the part-time program and that was announced at a faculty meeting. Moreover, as the Associate Dean of Academic Affairs has reported on many occasions, the number of any class is dictated by our faculty capacity to cover the labor-intensive research and writing classes–each to a section of no more than 20 students. Inaccurate references to an excess of demand and administrative caps on part-time enrollment were harmful to the work of your colleagues, who, earlier in 2025, voted overwhelmingly in support of a proposal to develop a hybrid part-time program; some of them spent their summers developing courses to that end.”

Crawford is wrong: Bowen did cap the night class, and there was excess demand.

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Bowen admitted 38 students to that night class. The admissions dean stated that Bowen easily could’ve enrolled 50 qualified applicants. So why only 38? As Crawford confessed: because of a lack of supply of faculty. Fifty qualified applicants, but only 38 admitted, equals excess demand (by definition).

Bowen’s math further confounds. In a faculty meeting, the associate dean stated: “[W]e have 38 students coming into the part-time program . . . [and] nine of them expressed a preference for the full-time. So if we had space in the full-time, that would have been down to 29.”

Uh, no. The school admitted 38 applicants. If nine vanished, Bowen would just admit the next nine.

Moreover, whether nine students preferred the day program is irrelevant. Maybe some favored attending Yale. Wanting to go elsewhere doesn’t diminish demand for Bowen’s night school–when the alternatives aren’t available.

In fact, the day program routinely cannibalizes the night class by exceeding the school’s written-policy goal of 90 students for the former by–wait for it–30-plus students. Wanna guess where that overage should’ve been offered admission? Yep, the night school.

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Finally, like with Silverstein, Crawford bizarrely criticized me for the contents of a student column that opposed Bowen going online, because those authors thanked us for our input. Even worse, the dean was explicitly informed that I never reviewed the substance of the students’ article and Silverstein recommended written changes to the very items Crawford whinged about. Sigh.

The proposal to put online Arkansas’ singular-historic night law school didn’t fail because disfavored interlocutors contradicted the party line or had “beef” with Bowen. Rather, that effort collapsed because it is an awful idea (and justifiably reviled by Arkansas’ legal community).

So, rest assured, I will continue to inform you Dear Readers about this topic and others–threadbare false claims of inaccuracy, harm, or disruption notwithstanding–because facts matter.

This is your right to know.


Robert Steinbuch, the Arkansas Bar Foundation Professor at the Bowen Law School, is a Fulbright Scholar and author of the treatise “The Arkansas Freedom of Information Act.” His views do not necessarily reflect those of his employer.

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