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Arkansas transparency group will collect signatures for proposed amendment OK'd by AG – Arkansas Advocate

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Arkansas transparency group will collect signatures for proposed amendment OK'd by AG – Arkansas Advocate


Arkansas government transparency advocates will begin collecting signatures for a November ballot measure to enshrine government openness in the state Constitution.

Attorney General Tim Griffin certified language for four potential popular names and ballot titles, including “The Arkansas Government Disclosure Amendment of 2024,” a title he substituted for the submission of “The Arkansas Government Transparency Amendment.”

Griffin’s opinions issued Wednesday approved Arkansas Citizens for Transparency’s third attempt to advance the proposed amendment after he rejected previous attempts in December and earlier this month.

In addition to seeking the required 90,704 signatures from registered voters by July 5, the nonpartisan ACT will continue with the lawsuit it filed against Griffin at the Arkansas Supreme Court on Tuesday, said David Couch, the lead attorney in the lawsuit and a member of ACT’s drafting committee.

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The legal complaint alleges that Griffin’s past refusals to certify the proposed amendment were to prevent the group from having enough time to gather signatures in support of the measures, and it asks the court to “compel the Attorney General to approve or rewrite the popular name and ballot title for each measure.”

Griffin wrote in his rejection of the first draft that the petitioners needed to define “government transparency,” which he claimed had “partisan coloring.” Subsequent versions of the ballot language define the term as “the government’s obligation to share information with citizens.”

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Couch said the second iteration of the ballot language, rejected Jan. 8, was ACT’s preferred version. The first two amendment proposals said the state Legislature “shall not make a law that diminishes public access to government” without the approval of the people of Arkansas.

The third proposal did not include this clause or a definition of the phrase “diminishes public access to government.” Instead it said the Legislature “shall not make a law concerning government transparency” without the people’s approval.

Couch said the change was necessary to receive Griffin’s approval but was not satisfactory in ACT’s view.

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“Why should the people have to vote on something that benefits them if the General Assembly has passed it?” he said.

The proposed amendment would require two-thirds of both the House and Senate to approve a government transparency law, which would then be sent to the voters. In emergency situations, a law would go into effect with 90% approval from both chambers but still be subject to a statewide vote later.

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ACT will start collecting signatures for a version of the amendment certified Wednesday in hopes of meeting the July 5 deadline, Couch said, but the legal challenge of Griffin’s use of his powers regarding ballot titles will continue.

“It’s such an important principle, not only for us but for people who intend to collect signatures in the future,” Couch said. “The attorney general’s role in the process needs to be clarified by the Supreme Court.”

The Arkansas AG’s office had long reviewed ballot titles and popular names until the General Assembly, with support of then-Attorney General Leslie Rutledge, shifted ballot title certification responsibility to the State Board of Election Commissioners in 2019.

Early last year, Act 194 of 2023 shifted this power back to the attorney general’s office.

ACT is not the only group to have recently taken legal action to get language certified for proposed constitutional amendments with the goal of putting them on the November ballot.

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Group submits third proposed Arkansas FOIA change to attorney general after second rejection

Earlier this month, the nonprofit Arkansas Voter Integrity Initiative asked the Supreme Court to certify two measures aimed at trading voting machines for hand-marked paper ballots and limiting absentee voting. Griffin rejected one measure and certified a substitute proposal for the other. The Supreme Court granted a motion last week for an expedited hearing in the case.

Couch filed a motion asking the high court for an expedited hearing in ACT’s case on Wednesday.

ACT has also submitted a third version of ballot language for an initiated act, which would alter the state Freedom of Information Act. Griffin will issue an opinion Thursday on the proposal.

A primary goal of the proposed act, the drafters have said, is to codify a definition of a “public meeting” and broaden the legal definitions of a “governing body” and “communication” among members.

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The statutory changes would also:

  • Protect citizens’ right to appeal FOIA decisions and collect any resulting attorneys’ fees.
  • Create the Arkansas Government Transparency Commission, with its members appointed by state elected officials, to help citizens enforce their rights to obtain public records and observe public meetings.
  • Create stiffer civil penalties for violating the FOIA.
  • Repeal Act 883 of 2023, which gave Arkansas school boards more reasons to go into executive session and allow more people to have closed-door meetings with school board members.
  • Mandate that records concerning the planning or provision of security services to the governor and other state elected officials be considered public and accessible under the FOIA after three months.

ACT formed in response to Gov. Sarah Huckabee Sanders’ signing of a law enacted during a special legislative session in September that shields certain state officials’ security records from public access. Sanders advocated for several more exemptions to the FOIA that met bipartisan pushback and did not advance in the Legislature.



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Man from north Arkansas drowns after crashing into Lake Norfork

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Man from north Arkansas drowns after crashing into Lake Norfork


BAXTER COUNTY, Ar. (KY3) – A 31-year-old man is dead after crashing into Lake Norfork in Baxter County, Arkansas on Thursday.

The Baxter County Sheriff says dispatchers were called by a woman a little before 1:00 p.m., saying her son had crashed into the lake. Deputies worked with the U.S. Army Corps of Engineers to search around several bridges and access points. They found the car about 10 feet underwater near Pigeon Creek Park a little before 2:00 P.M. Darren Martin, from Gamaliel, was pronounced dead after his body was pulled from the water.

To report a correction or typo, please email digitalnews@ky3.com. Please include the article info in the subject line of the email.

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Online retailer Temu responds to news of lawsuit from Arkansas Attorney General Tim Griffin

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Online retailer Temu responds to news of lawsuit from Arkansas Attorney General Tim Griffin


LITTLE ROCK, Ark. – Online retailer Temu has offered a response two days after being sued by the state of Arkansas.

In a response sent to KARK 4 News Thursday, a Temu spokesperson said the company was “surprised and disappointed” by Attorney General Tim Griffin filing the lawsuit Tuesday without what the company called “any independent fact-finding.”

In a statement released by Griffin’s office announcing the suit, the AG referred to Temu as “functionally malware and spyware,” and claimed the app was “purposefully designed to gain unrestricted access to a user’s phone operating system.”

Temu’s response stated that the allegations behind Griffin’s suit were “based on misinformation circulated online, primarily from a short-seller, and are totally unfounded.” The statement went on to say that the company would “vigorously defend ourselves” in the case.

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News of the lawsuit drew sharp reactions from Arkansans who shop on Temu, many of whom said the retailer had reliable prices and deals they called “sometimes too good to pass on.”

Other shoppers said that they believe most online retailers use personal information from users anyway and questioned whether the suit would stop anyone from shopping on Temu.

The statement from Temu noted that some people may misunderstand what the company called its “innovative supply chain model” and not welcome the new retailer, but the spokesperson added that the company was committed to the long-term believes scrutiny will benefit the retailer’s development.

“We are confident that our actions and contributions to the community will speak for themselves over time,” the response finished.

FULL RESPONSE FROM TEMU TO ARKANSAS LAWSUIT

We are surprised and disappointed by the Arkansas Attorney General’s Office for filing the lawsuit without any independent fact-finding. The allegations in the lawsuit are based on misinformation circulated online, primarily from a short-seller, and are totally unfounded. We categorically deny the allegations and will vigorously defend ourselves.

We understand that as a new company with an innovative supply chain model, some may misunderstand us at first glance and not welcome us. We are committed to the long-term and believe that scrutiny will ultimately benefit our development. We are confident that our actions and contributions to the community will speak for themselves over time.

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Temu spokesperson

Officials with the AG’s office said the case is predicated on alleged violations of the Arkansas Deceptive Trade Practices Act and the Arkansas Personal Information Protection Act.

The state wants a jury trial and is seeking a permanent block from Temu’s data-gathering actions, as well as $10,000 fines for each violation of the Deceptive Practices Act.



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Border-crossing arrests show decline | Arkansas Democrat Gazette

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Border-crossing arrests show decline | Arkansas Democrat Gazette


Border-crossing arrests show decline

TUCSON, Ariz. — Arrests for illegal border crossings have dropped more than 40% during the three weeks that asylum processing has been suspended, the Homeland Security Department said Wednesday.

The figures announced Wednesday by the Department of Homeland Security show that the Border Patrol’s average daily arrests over a seven-day period have fallen below 2,400, down more than 40% from before President Joe Biden’s proclamation took effect June 5.

That’s still above the 1,500 mark needed to resume asylum processing, but Homeland Security says it marks the lowest number since Jan. 17, 2021, just before Biden took office.

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“These actions are changing the calculus for those considering crossing the border,” Homeland Security Secretary Alejandro Mayorkas said Wednesday during his visit to the Tucson, Ariz., sector.

Immigration advocates have sued to stop the restrictions.

Oregon wildfire prompts evacuations

A wildfire in Oregon’s high desert, near the popular vacation destination of Bend, grew rapidly Wednesday, and officials urged the continued evacuation of hundreds of homes in the area.

The wind-driven Darlene 3 wildfire was just outside city limits of La Pine and grew to nearly 4 square miles.

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Firefighters were able to build a defense around the fire overnight, and fire managers listed the blaze at 30% contained Wednesday.

The concern, however, was stronger winds forecast for later Wednesday, which again could fan the fire.

Evacuation alerts were sent to 1,100 homes and businesses Tuesday, said Lt. Jayson Janes of the Deschutes County sheriff’s office. Those orders remained in effect Wednesday, Central Oregon Fire Info said.

It was not known whether any structures had burned.

The fire is among the latest dangerous ones in the United States. In New Mexico, thousands fled their homes last week as two fast-moving wildfires approached the village of Ruidoso.

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Search and rescue crews cleared more properties this week in nearby areas. Authorities confirmed Wednesday during a public meeting that 1,300 structures were searched and that no human remains were found.

Mayor Lynn Crawford also said the list of residents who had been unaccounted for was now at zero.

In central California, a new group of three large wildfires and several smaller ones covered nearly 11 square miles in rural eastern Fresno County, with 20% containment. The Fresno June Lightning Complex was ignited in rugged foothills as remnants of Tropical Storm Alberto flowed across the state Monday afternoon.

Boeing mechanic files claims for layoff

SEATTLE — A mechanic for a Boeing subcontractor claims he was fired after complaining about poor repair work on planes in a Boeing factory near Seattle. Boeing says the man’s concerns did not raise safety issues.

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Lawyers for the mechanic, Richard Cuevas, said Wednesday he saw “substandard manufacturing and maintenance processes” during work on several Boeing 787 Dreamliners.

Cuevas worked for a firm that was hired by Spirit AeroSystems to repair Boeing planes and was fired in March after raising concerns with Spirit and Boeing, according to his lawyers, Debra Katz and Lisa Banks.

Katz and Banks accused Spirit of “routinely cutting corners” on the work on pressure bulkheads and accused Boeing of allowing “shoddy work” to continue.

“Engineering analysis determined that the issues raised did not present a safety concern and were addressed,” Boeing said in a statement.

The company said it is reviewing documents Cuevas filed with federal agencies “and will thoroughly investigate any new claim. We are not involved in personnel decisions of subcontractors.”

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Spirit AeroSystems management “is aware of the allegations and looking into the matter,” company spokesperson Joe Buccino said.

Ex-mayor’s bribe conviction overturned

WASHINGTON — The Supreme Court overturned Wednesday the bribery conviction of a former Indiana mayor, the latest in a series of decisions narrowing the scope of federal public corruption law.

The high court’s 6-3 opinion along ideological lines found the law criminalizes bribes given before an official act, not rewards handed out after.

The high court sided with James Snyder, a Republican who was convicted of taking $13,000 from a trucking company after prosecutors said he steered about $1 million worth of city contracts to the company.

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The Justice Department claimed the law was clearly meant to cover gifts “corruptly” given to public officials as rewards for favored treatment.

Kavanaugh, writing for the high court majority, disagreed, finding that interpretation would “subject 19 million public officials to a new regulatory regime,” though he said a gratuity could be unethical or illegal under other laws.

“Snyder’s absurd and atextual reading of the statute is one that only today’s court could love,” Justice Ketanji Brown Jackson said in a dissent joined by her liberal colleagues.



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