Arkansas Secretary of State John Thurston Files With Court to Not Count Casino Amendment Votes

Arkansas Secretary of State John Thurston asked the Arkansas Supreme Court on Monday not to count votes on an amendment that would kill the fight for a casino project in Pope County.

Arkansas Secretary of State John Thurston argues the petition submitted by ballot group did not comply with state law

In a letter written by Arkansas Attorney General Tim Griffin on behalf of Thurston to the Court, they argue the petition submitted by the ballot group, “Local Voters in Charge” (LVC), did not comply with state law.

Griffin is asking that the votes for the Amendment 2 ballot initiative not be counted. Thurston asserts that the group failed to certify paid canvassers, according to KATV ABC 7 News.

Furthermore, the filing centers on the interpretation of the ballot certification law. In fact, the argument in the brief aligns with a brief submitted by the casino license holder, Cherokee Nation Entertainment.

The letter reads, “But upon learning that the individuals that filed the 7-9-601(b)(3) affidavits were not members of LVC. … [They were] in fact paid canvassers themselves. … The Secretary now asks this Court to direct that no votes be counted on the Proposed Amendment on the November 2024 ballot.”

According to the brief, Arkansas Code Ann. 7-9-601 is in place to regulate who can be a paid canvasser by requiring sponsors to verify and certify the canvassers to the Secretary of State.

Local Voters in Charge say they did follow proper procedures

In a brief filed in response, LVC says they did follow proper procedures. The group says the court’s special master report filed earlier this month authorized 3 canvassing managers to act on its behalf and make the required certifications.

The special master, Eighth Judicial Circuit Judge Randy Wright, was appointed by the Supreme Court in August to resolve disputes. Additionally, his final finding was turned in to the Arkansas Supreme Court on Sept. 9. The Court ordered all briefs to be filed by Sept. 26.

LVC’s response reads: “Petitioners’ argument that an entity sponsor cannot authorize an agent to make the 601(b)(3) certification must fail. It is inconsistent with both the statutory text and basic principles of agency law.

“As to the former, subsection 601(b)(3) contains no language limiting who can act for the ‘sponsor,’ which, under the General Assembly’s definitions, can include almost every type of entity and organization from a ‘corporation’ to a ‘syndicate.'”

Of course, voters approved four casinos in Arkansas in 2018, including one in Pope County.