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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.”

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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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ARDOT to put bypass near Pocahontas

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ARDOT to put bypass near Pocahontas


POCAHONTAS, Ark. (KAIT) – The Arkansas Department of Transportation is working on putting a bypass that connects Highway 67 and Highway 90.

Mayor Keith Futrell says that the citizens of Pocahontas have wanted this for years.

“Well for several years, ARDOT has looked at this project of putting a bypass from Highway 67 over to Highway 90 which will cross Highway 115 also. The citizens of Pocahontas have asked for it for a long time,” Futrell said.

The bypass would give semi-trucks and others a chance to avoid in-city traffic and get to the highways more efficiently.

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“With PECO being in town and we have such a large gravel quarry here. The trucks they come through Pocahontas, hundreds a day, they come down our city streets and we’re gonna try to move majority of the truck traffic to the Northside of the town,” Futrell said.

Although the new bypass could benefit the city, residents with property along the proposed path have some concerns.

Greg Baltz, one of those property owners, says he’s both worried and hopeful.

“The fact that the city or the state needs to come in and take a piece of property is concerning to us but more importantly I think being a resident of Pocahontas and seeing the growth or potential growth we have, this bypass is needed,” Balts said.

There will be a meeting held by ARDOT on Tuesday, July 23. ARDOT will go over the cost of this project when they intend to start, and the final plans. Baltz hopes positive things will come out of the meeting

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“Well first I want make a final look at the exact plans, and exactly where they are going, I know it’s been narrowed down very close, and look at it again. And then just to start to feel out how much of our property they are going to take and what the compensation numbers will be,” Baltz said.

Both Futrell and Baltz expressed that this bypass has a chance to grow the city of Pocahontas even more and that they are both excited and anxious to see how things will shake out.

The meeting will be held at the Community Center in Pocahontas from 4 p.m. to 7 p.m.

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Arkansas Coalition Awarded $100M EPA Grant for Energy Innovation

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Arkansas Coalition Awarded 0M EPA Grant for Energy Innovation


The Environmental Protection Agency announced Monday that an Arkansas coalition of municipal planners has been named the recipient of a $100 million Climate Pollution Reduction Grant award for energy innovation.

Metroplan, the central Arkansas urban planning agency, teamed with the Northwest Arkansas Regional Planning Commission and the city of Fort Smith to form the Arkansas Tri-Region CPRG Coalition, which submitted a proposal seeking a CPRG grant. The proposal, titled “Energy and Environment Innovation for the Natural State,” was one of 25 from across the country selected by the EPA for CPRG funding. Metroplan served as the lead agency on the proposal.

The grant will fund projects throughout central Arkansas, northwest Arkansas and the Arkansas River Valley, an area representing half of the state’s population. Pulaski County Judge Barry Hyde, Metroplan board president, said the award is a testament to the group’s commitment to environmental stewardship as well as a call to action.

“We stand at the forefront of an ambitious journey to foster a sustainable future for our community,” he said. “Together with the EPA, we will implement innovative solutions that will significantly improve our environment and quality of life. We are honored to be among the select few to spearhead these transformative programs.”

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The award will fund projects to sequester and reduce emissions by protecting and restoring natural areas, increasing efficiency and improving access to active transportation and transit, according to a press release. Projects such as LED streetlights and EV charging are intended to reduce emissions from the transportation sector and building efficiency funding will support net-zero technologies for public and commercial buildings. Projects will be designed to ensure equitable access to the environmental benefits funded by the grant.

“By preserving critical outdoor spaces, enhancing active transportation and demonstrating innovative energy solutions, the CPRG implementation funding will be transformative for the Natural State and our state’s growing economy and tourism,” said Metroplan Executive Director Casey Covington. “Our coalition’s selection for an award speaks to the benefits of partnerships among and within regions to achieve common energy and environment innovation goals.”

The coalition partnered with more than 50 communities, agencies and organizations across three regions to develop projects and programs included in the proposal. It received support from the state and from the state’s congressional delegation.

Fayetteville Mayor Lioneld Jordan said funds from the award will support the city’s recently adopted climate action plan.

“This grant brings us one step closer to achieving nature-based solutions at the city and regional level,” he said.

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In Fort Smith, award funds will support projects within the city’s energy and environment innovation plan.

“We are honored to be selected to receive a portion of this vital grant from the EPA,” said Mayor George McGill. “This recognition underscores our commitment to sustainability and environmental stewardship. These initiatives will not only improve the quality of life for our residents but also have a positive impact on our environment, ensuring a healthier and more sustainable future for the city of Fort Smith and the Natural State.”

READ ALSO: ANDY GARCIA JOINS ADVISOR TEAM AT GENWEALTH



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ATU's Gunther Earns Statewide Agriculture Scholarship – Arkansas Tech University

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ATU's Gunther Earns Statewide Agriculture Scholarship – Arkansas Tech University


Rose Gunther

Arkansas Tech University student Rose Gunther is one of 10 college students from around the Natural State selected for a 2024-25 Farm Credit of Western Arkansas Scholarship.

Gunther, a junior from Bigelow, will use the $2,000 scholarship to continue her pursuit of a agriculture business degree from ATU. She holds membership in the ATU Presidential Leadership Cabinet and National Society for Minorities in Agriculture, Natural Resources and Related Sciences (MANRRS).

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“As an agriculture student at Arkansas Tech University, I’ve been impressed by two key strengths that have made a significant difference in my experience,” said Gunther. “The biggest strength is the student-to-teacher connections. By having smaller classroom sizes that allow the teacher to know each student, I feel more motivated and confident inside and outside the classroom. I have no problem answering during class or stepping up to help an organization because I feel valued as an individual rather than just a number in a crowd.

“The other strength,” continued Gunther, “is that professors understand student’s unique challenges and are willing to adapt to meet their needs. This flexibility has been especially helpful in balancing work and classes while pushing us to do our best. Overall, my experience with the agriculture program has been awesome, and I’m grateful for the opportunities now and in the future.”

According to a news release from Farm Credit of Western Arkansas, the scholarship program has awarded more than $400,000 to students since 1996. Recipients must demonstrate exemplary academic achievement, leadership, extracurricular involvement, volunteer activities and financial need.

To qualify, applicants must be full-time students at an accredited college, university or trade program for the 2024-25 academic year. They must also be the children and/or grandchildren of Farm Credit of Western Arkansas members or members themselves.

“Being recognized by Farm Credit of Western Arkansas with this scholarship is an honor,” said Gunther. “It’s not just financial support. It represents a validation of my hard work and potential. I was fortunate to receive this scholarship twice and appreciate that my small efforts and achievements are valued within the agriculture industry. It has also motivated me to continue striving for excellence in my academic and personal pursuits in hopes that my minor contributions will have a significant impact in the future. This scholarship not only eases my financial burden, but it inspires me to help my community and beyond, just as Farm Credit of Western Arkansas has done through its support.”

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Learn more about the ATU agriculture program at www.atu.edu/agriculture.



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