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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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Arkansas State Police release details in crash that killed one Greenwood student and injured another | Arkansas Democrat Gazette

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Arkansas State Police release details in crash that killed one Greenwood student and injured another | Arkansas Democrat Gazette


HUNTINGTON — Details of the crash that left a Greenwood High School student dead have been released by the Arkansas State Police.

Chloe Walters, 19, of Huntington was driving a 2017 Chevrolet Malibu northbound on U.S. 71 in Huntington around 3:10 p.m. Thursday when the crash occurred, according to a fatal crash report from the State Police. The Malibu lost control and traveled into the southbound lane and was struck by a southbound 2022 Dodge Ram 1500 driven by Daran Stovall, 58, of El Paso, the report states.

A female minor passenger in Walters’ vehicle died, according to the report.

A social media post from the Greenwood School District states Walters’ sister, Cadence Walters, was killed in the crash.

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Chloe Walters and Stovall were both injured in the crash and taken to Mercy Hospital Fort Smith, according to the State Police.

The trooper investigating the crash reported the weather was rainy and the road wet at the time of the accident.

“We are heartbroken by the loss of Cadence and the ongoing medical situation with Chloe. Both students are active and well loved throughout the school community,” the School District’s post states. “Our thoughts and prayers are with the Walters family during this incredibly difficult time. As a school community, we stand together to support them in every way possible.”

A GoFundMe page has been set up to support the Walters family where those wishing to help may make donations. By Saturday afternoon, the page had raised $12,242 of a $20,000 goal with 198 donations received.

Greenwood High School counselors are available for students, staff and community members who need support, the district’s post states.

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Anyone needing assistance may email info@greenwoodk12.com or reach out to a school counselor, teacher or administrator through the School Status app, the post states.



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Green's MVP performance propels Arkansas to Liberty Bowl win

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Green's MVP performance propels Arkansas to Liberty Bowl win


Arkansas (7-6, 3-5 SEC) won its final game of the 2024 season with a 39-26 victory over Texas Tech in the Liberty Bowl on Saturday behind a strong performance by quarterback Taylen Green.

The redshirt junior, who just wrapped up his first season with the Razorbacks, finished the game with 422 yards of total offense — 341 through the air and 81 on the ground. He ended the game tied with running back Rodney Hill as the Hogs’ leading rusher in the game and Green was named Liberty Bowl MVP for his efforts.

“I think it was a fast start,” Arkansas head coach Sam Pittman said after the game. “(The defense) made a fourth down stop and then really the offense took over. Taylen took over. We have Taylen Green, a lot of teams don’t and it gives us opportunity to win.”

The Razorbacks started the game firing on all cylinders and scored on each of their first three possessions. Green was a key cog in that machine, as he scored the first touchdown of the game on a 12-yard rush. He followed that drive up by showcasing his arm with passes of 17 yards and 56 yards to wide receiver Issac TeSlaa, which set up a touchdown run by running back Braylen Russell on the goal line.

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Touchdown No. 3 of the first quarter came on a slant route to redshirt freshman receiver Dazmin James, who caught Green’s pass and took it 94 yards to the end zone — the longest pass play in Arkansas program history.

Texas Tech didn’t go down without a fight, though. The Red Raiders cut the lead to 24-19 by halftime, and Arkansas needed another spark. Cue Green again, who found running back Tyrell Reed Jr. alone and unguarded for a 43-yard touchdown midway through the third quarter.

“(Reed), he’s always ready,” Green said after the game. “He’s always in the back learning whether it’s from (Ja’Quinden Jackson) or from (Rashod Dubinion). From (Rodney Hill). He’s always taking things in, asking questions. When he had his opportunity to shine, he made the most of it.”

A native of Lewisville, Texas, Green only had one blemish on his stat line, as he was sacked in the end zone for a safety in the second quarter, but Pittman said afterward that a blocking miscue in the backfield led to the miscue.

Green’s 341 passing yards broke the previous Arkansas record in a bowl game, which was set by Bill Montgomery, who threw for 338 against Ole Miss in the 1970 Sugar Bowl.

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The former Boise State transfer also became the first Arkansas passer to eclipse 300 yards in a bowl game since Brandon Allen threw for 315 yards in the 2016 Liberty Bowl against Kansas State.

“I’m gonna take (the MVP trophy) to my parents’ crib,” Green said. “Shout out to my mom, shout out to my dad, shout out to my sisters, and we gonna celebrate.”

Arkansas football’s 2024 season has now come to a close. Up next, the Razorbacks will look to close out transfer portal season strong. Be sure to follow along at The Trough premium message board for updates on the offseason recruiting action.



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Taylen Green provides offseason hope in Arkansas football’s Liberty Bowl win over Texas Tech

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Taylen Green provides offseason hope in Arkansas football’s Liberty Bowl win over Texas Tech


MEMPHIS, Tenn. — Hope springs eternal every offseason, but Arkansas football got the optimism train for 2025 off the tracks Friday night in its 2024 season finale.

The Razorbacks (7-6) led from start-to-finish in a 39-26 victory over Texas Tech at the Liberty Bowl. The Hogs racked up 559 yards on offense, held the Red Raiders (8-5) to just seven points in the second half and played a near-perfect game on special teams. In all three phases, Arkansas executed, giving the Razorbacks their third winning season in the past four years under head coach Sam Pittman.

But there is also a beacon to the hope in the form of redshirt junior quarterback Taylen Green. The Texas native was dynamic against the Red Raiders, throwing for 341 yards and running for 81 more. He accounted for three touchdowns, and as Arkansas ran away in the second half, Texas Tech’s defense had no answer.

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Green will return to Arkansas for his final college season next year, and why shouldn’t coaches or fans believe he can give SEC defenses the same issues in 2025?

“Taylen took over,” Pittman said. “We have Taylen Green, a lot of teams don’t, and it gives us opportunity to win.”

Green did all of the things Arkansas fans have seen in flashes throughout the season Friday night. He hit receivers in stride and extended plays with his legs. Some of those resulted in long runs, and others finished with him finding an open target on the move.

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The quarterback led Arkansas to touchdowns on its first three possessions of the game and slammed the door shut on a potential Texas Tech comeback with a 47-yard touchdown pass to Tyrell Reed Jr. in the third quarter. It was the first reception of Reed’s Arkansas career.

A similar milestone was set in the first quarter. The first catch of Dazmin James’ college career resulted in a 94-yard touchdown that gave Arkansas a 21-3 lead. It was the longest touchdown reception in Arkansas history and the longest pass in Liberty Bowl history.

“It’s crazy, we were talking about that slant in the hotel, the whole week, and it came to fruition,” Green said.

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Reed and James’ production keyed the Arkansas victory, but it also represented a question answered for Green’s development.

All season, Green relied heavily on wide receiver Andrew Armstrong, who accounted for more than 30% of Green’s passing yards in the regular season. Sometimes, Green keyed too much on Armstrong.

Against Texas Tech, Green showed he can thrive regardless of his weapons. In addition to Armstrong, Arkansas was without the services of Luke Hasz and Isaiah Sategna. James finished with three catches for 137 yards, and freshman CJ Brown had four catches. The only familiar target, Isaac TeSlaa, had three catches for 107 yards.

“It just speaks to our depth, not just at the receiver position, but the running backs, tight ends, O-line,” Green said. “That’s the one thing you know I knew when I committed here — I knew y’all probably didn’t know yet — but just the weapons that we have offensively. I’m just grateful and excited that they have their opportunity.”

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Just as he has all season, Green deflected the praise to his teammates and coaches. He walks the walk and talks the talk as a starting quarterback and program figurehead in the SEC.

Arkansas will have plenty of holes to fill this offseason. The Hogs need to find three new starters on the offensive line and three more at wide receiver. They’ve already started finding replacements through the transfer portal and have a good foundation returning on defense.

But Green is the central focus for any offseason hope. It will be nine months before Arkansas takes the field against Alabama A&M in the 2025 season opener. Taylen Green will be under center, and that’s as good a starting point the Razorbacks can ask for.



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