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Government transparency group sues Arkansas AG over rejection of proposed amendment – Arkansas Advocate

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Government transparency group sues Arkansas AG over rejection of proposed amendment – Arkansas Advocate


Arkansas government transparency advocates sued Attorney General Tim Griffin on Tuesday, claiming his repeated rejection of a proposed amendment to the state Constitution is a misuse of his powers.

The nonpartisan Arkansas Citizens for Transparency (ACT) has been trying since November to gain Griffin’s approval of language for two proposed ballot measures: an initiated act to alter the state Freedom of Information Act and a constitutional amendment that would create the right to government transparency and restrict the Legislature’s ability to limit it.

Griffin has until Wednesday to approve or reject the third iteration of the proposed amendment and until Thursday to approve or reject the third iteration of the proposed act.

ACT’s complaint to the Arkansas Supreme Court alleges that Griffin’s refusal to certify previous versions of the Arkansas Government Transparency Amendment was based on personal disapproval and an attempt to prevent the group from having enough time to gather signatures in support of the measures. Proposed amendments require 90,704 signatures from registered voters by July 5 to qualify for the November ballot.

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“The power to initiate an amendment is specifically reserved to the people of this state,” ACT wrote in the complaint. “The Attorney General is using his statutory duty to review and approve a ballot title to prevent the people from proposing the text of the amendment they want, denying approval of a popular name and a ballot title unless the text of the proposed amendment is written as directed by him, and using the ballot title process to prevent the petitioner from collecting signatures on the petition.”

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” in response to one of Griffin’s continuing concerns.

It is not the Attorney General’s right to effectively decide the fate of this measure by denying approval of a popular name and ballot title.

– Arkansas Citizens for Transparency, CV-24-40

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Griffin rejected the first draft of the amendment Dec. 11, saying it lacked clarity in its use of specific terms, including “government transparency,” which he claimed had “partisan coloring” and “seems more designed to persuade than inform” potential voters.

ACT submitted a new draft, which included four potential ballot titles, on Dec. 20 with a definition of government transparency as “the government’s obligation to share information with citizens.”

Earlier this month, Griffin rejected the second draft and wrote in his opinion that a definition was not enough because the existing Arkansas Freedom of Information Act does not use the term “government transparency.”

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“The Attorney General again refused to approve and certify any of the proposed popular names and ballot titles submitted by the Petitioner and failed to substitute and certify a more suitable and correct ballot title and popular name,” ACT’s complaint states. “Instead, he issued a condescending and improper opinion chastising the Petitioner for not following his previous opinion in not writing the text of the measure as he wanted it written and not as the Petitioner wanted.”

David Couch, one of the five attorneys on ACT’s seven-member drafting committee, said after the second rejection that a lawsuit was “imminent” and that Griffin’s decisions violated the people’s constitutional rights.

“I am confident in our review and analysis of ballot submissions and look forward to the Arkansas Supreme Court’s review in this case,” Griffin said in a statement through a spokesperson.

ACT lawsuit CV-24-40

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Reasons for rejection

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. 

The attorney general may reject a ballot title and popular name if they “would be misleading or designed in such manner that a vote “FOR” the issue would be a vote against the matter or viewpoint that the voter believes himself or herself casting a vote for, or, conversely, that a vote “AGAINST” the issue would be a vote for a viewpoint that the voter is against,” according to Act 194.

This was not the case regarding ACT’s first two submissions of the proposed amendment, the complaint states.

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“Because he did not find the ballot title was designed in a misleading manner, he is required to either approve and certify the ballot title submitted or to substitute and certify a ballot title,” the complaint states.

Griffin cited the “lack of the full text” of the amendment as reasons to reject both proposals. He clarified in his second rejection that this meant an “attempt to incorporate key provisions of the FOIA into the constitution by referencing the FOIA’s key terms” without specifically referencing the law or defining those terms. He also wrote that the proposed amendment did not clarify the impact it would have on state statutes.

ACT wrote in the complaint that these reasons did not merit a rejection of the ballot title and popular name.

“The Attorney General’s rejection of the ballot title and popular name demonstrates that he has either a complete lack of understanding of his role in the initiative process or he is intentionally thwarting the effort of the petitioner to get this amendment approved for the ballot so that the voters of the state can decide its merits,” the complaint states. “It is not the Attorney General’s right to effectively decide the fate of this measure by denying approval of a popular name and ballot title.”

State law allows petitioners to appeal to the Supreme Court if they believe a measure has been unfairly rejected. ACT’s complaint asks the court to “compel the Attorney General to approve or rewrite the popular name and ballot title for each measure.”

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Arkansas

ARKANSAS A-Z: Norris Church Mailer — From Atkins to literary fame | Arkansas Democrat Gazette

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ARKANSAS A-Z: Norris Church Mailer — From Atkins to literary fame | Arkansas Democrat Gazette


Norris Church Mailer became a model, actress and author after moving to New York to be with renowned writer Norman Mailer following their chance meeting in Arkansas at an event in Russellville. She published two semi-autobiographical novels, “Windchill Summer” and “Cheap Diamonds,” as well as a memoir, “A Ticket to the Circus,” which centers on her three-decade marriage to Mailer.

Born on Jan. 31, 1949, in Moses Lake, Wash., Norris Church Mailer began life as Barbara Jean Davis, being named for a little girl who lived next door. Her parents were homemaker Gaynell Phillips Davis and construction worker James Davis. They had briefly relocated from Arkansas to Washington state for her father’s work on the O’Sullivan Dam near Moses Lake. After the family returned to Arkansas, Barbara grew up in Atkins, where the family lived a simple life in the country without hot running water in the house or an indoor toilet. They attended a small, strict fundamentalist church several times a week. When Barbara was 3 years old, her mother saw an advertisement for the Little Miss Little Rock Contest and entered the child, who won.

The family moved from the country into town when Barbara was in first grade. There, they lived in a house with modern conveniences, including indoor plumbing. Barbara had a childhood friend whose name, Cherry, became the name of the heroine in her two novels.

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Barbara attended school in the Atkins School District. After graduating from high school in 1967, she enrolled at Arkansas Polytechnic College (which later became Arkansas Tech University) in nearby Russellville. In 1969, she married her high school sweetheart, Larry Norris; two years later, they had a son, Matthew. In 1974, the marriage ended in divorce.

Norris Church Mailer signs books during an April 2010 “A Ticket to the Circus” book-tour stop at the University of Arkansas at Little Rock.
(Arkansas Democrat-Gazette/Helaine R. Williams)

 

With her young son, Barbara moved to Russellville, where she worked as a high school art teacher. In 1975, she met renowned writer Norman Mailer at a party in Russellville when he was there on a visit. The party was held at the home of a mutual friend, author Francis Irby Gwaltney, who at the time was teaching at Arkansas Tech. Gwaltney and Mailer had become friends during World War II and remained close through the years.

Barbara stated in her autobiography that there was instant chemistry when she and Mailer met. Although she was several inches taller than Mailer, half his age and from a vastly different background, she said she knew the two would be together.

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At the time they met, Mailer was in the process of breaking up with his fourth wife and seeing another woman who would (for the space of one day) become his fifth. Hailing from Brooklyn, N.Y., the Harvard-educated Mailer was a bestselling author whose World War II novel “The Naked and the Dead” (1948) brought him early fame. He won the Pulitzer Prize in 1968 for “Armies of the Night” and another Pulitzer in 1979 for “The Executioner’s Song.”

After meeting Mailer in Russellville in 1975, Barbara followed him to New York. Their son, John Buffalo Mailer, was born in 1978. The couple married in 1980 (the same year he divorced his fourth wife and then married and divorced his fifth), with Barbara becoming Mailer’s sixth and final wife.

When Barbara began a successful career as a model, her husband suggested she change her name to Norris Church Mailer. The name was composed from her previous married name, and “Church,” based on her religious background when growing up in Arkansas. She and Mailer often entertained top-tier celebrities at their homes in New York and Provincetown, Mass. Billed as “Norris Mailer,” she appeared with her husband in the movie “Ragtime” (1981) and also had small roles in a few other films.

“Windchill Summer,” a semi-autobiographical novel by Norris Church Mailer that takes place in the fictional town of Sweet Valley, Arkansas; published in 2000
(Courtesy of Ballantine Books)

 

Church Mailer’s first novel, “Windchill Summer,” was published in 2000, depicting a coming-of-age story about a girl named Cherry Marshall growing up in Arkansas during the Vietnam War era. Its sequel, “Cheap Diamonds,” released in 2007, followed Marshall’s story as an aspiring model from Arkansas arriving in New York City during the 1970s. Church Mailer’s 2010 memoir, “A Ticket to the Circus,” described her tumultuous life with Norman Mailer. Among other things, she claimed in her memoir to have had a brief romantic relationship with future President Bill Clinton, who was in his late 20s at the time.

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In 2000, Norris Church Mailer was diagnosed with a malignant gastrointestinal tumor. Defying the odds, she lived 10 years, nursing her husband through his final illness until he died in 2007. On Nov. 21, 2010, Church Mailer died at her home in New York. Wilkes University in Pennsylvania established the Norris Church Mailer Fellowship in Creative Writing in 2004. — Nancy Hendricks

This story is taken from the online Encyclopedia of Arkansas, a project of the Central Arkansas Library System. Visit the site at encyclopediaofarkansas.net.

“Cheap Diamonds” by Norris Church Mailer
(Courtesy of Ballantine Books)

 



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All of Arkansas under high fire danger in March as burn bans spread statewide

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All of Arkansas under high fire danger in March as burn bans spread statewide


The Arkansas Department of Agriculture is urging residents to stay alert as we face a high risk of wildfires in the state.

All of Arkansas is now under a high fire danger, with more than half of all counties under burn bans.

Officials say dry conditions, above-average temperatures, and strong winds are making fires both easier to start—and harder to control.

They’re urging everyone to avoid outdoor burning, properly extinguish cigarettes, and use caution with machinery in dry areas.

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“Right now, everybody just needs to postpone burning……Hopefully see things improve over the next few days.”

So far in March, more than 300 fires have burned more than nine-thousand acres.



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What John Calipari said about Dairus Acuff after Arkansas basketball’s Sweet 16 exit

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What John Calipari said about Dairus Acuff after Arkansas basketball’s Sweet 16 exit


SAN JOSE, Calif. — A humbling loss to Arizona means Darius Acuff Jr.’s career with Arkansas basketball is likely over.

Acuff is projected to be a top-10 pick in the 2026 NBA Draft. He scored a game-high 28 points as the No. 4 Razorbacks (28-9) fell to the No. 1 Wildcats (35-2) 109-88 in the Sweet 16 of the NCAA Tournament on Thursday, March 26.

After the loss, John Calipari reflected on Acuff’s historic season. The Hall of Fame coach will remember the Detroit native’s fierce spirit while hunting victories.

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“(Acuff) was the ultimate competitor. He had a will to win and would make baskets because he wasn’t afraid to miss late in games,” Calipari said. “He and Meleek (Thomas) and the other guys, they set the stage for growth. You’re going to have an opportunity to get better, but it’s hard. The league is hard. You’ve got to be a gym rat if you really want to do this. Those guys proved it. I had a ball coaching them.”

Acuff became just the third person to win the SEC Player of the Year and Freshman of the Year awards handed out by both the coaches and media, joining Anthony Davis (2012) and Brandon Miller (2023). He became the league’s first player since Pete Maravich to lead the SEC in both scoring and assists.

His final season-long stats were 23.5 points and 6.4 assists per game. He shot 48.4% from the field and 44% on 3-pointers.

Acuff was short on words in his final press conference with the Hogs, but he didn’t bring up his individual accolades when asked what he will remember the most from a dynamic collegiate season.

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“Brotherhood, for sure,” Acuff said. “With the team, great support from the fans. I don’t know, a lot of good stuff. It was a great year, for sure.”

Arkansas fans won’t soon forget his dominance.

Jackson Fuller covers Arkansas football, basketball and baseball for the Southwest Times Record, part of the USA TODAY Network. Reach him at jfuller@usatodayco.com or follow him @jacksonfuller16 on X, formerly known as Twitter. 



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