Arkansas activists await supreme court challenge about signatures
They needed 101,000, and 14,000 that were collected by paid canvassers may not be counted toward threshold
Arkansas activists must await the state supreme court’s decision in a lawsuit that seeks to disqualify signatures collected by paid canvassers that would put an abortion rights ballot initiative before voters in November.
This week, they received a temporary victory as the Supreme Court ruled that Arkansas Secretary of State John Thurston must accept the signatures collected by volunteers during the canvassing process. However, the ones collected by salaried workers remain a point of contention.
The Arkansas Abortion Amendment would prevent the state from restricting access to abortion up to 18 weeks after fertilization or in the instance of rape or incest, fatal fetal anomaly, or when abortion is needed to protect the pregnant woman’s life or physical health. Rebecca Bobrow, spokeswoman for Arkansas For Limited Government, spoke with me about what will happen from here on out.
“We're hopeful that the Supreme Court will see that for what it is and rule in our favor,” Bobrow said. “It's bigger than abortion at this point. This is about democracy and people being able to make their voices heard.”
State Attorney General Tim Griffin approved the language for the proposed amendment in January. By July 5, they had to collect 90,000 signatures, with a certain percentage for at least 50 counties represented on their final tally. They managed to get more than 101,000.
On July 10, they received a letter from Thurston saying their amendment had been disqualified because of a paperwork error. About 14,000 of their signatures had been collected by paid canvassers, so when they were disqualified, the organization’s efforts fell below the required threshold to get the amendment on the ballot.
Leaders of Arkansas for Limited Government sent a letter disputing Thurston’s claims, who dismissed their contention. They then appealed his decision to the state supreme court, which is expected to decide by Monday.
The seven Arkansas Supreme Court justices are elected in statewide nonpartisan races and serve staggered terms, so it is unlikely all court members would be replaced in one election. Currently, the Arkansas Chief Justice seat is open for election in 2024. The body recently went conservative with Gov. Sarah Huckabee Sanders's appointment of Cody Hiland following the passing of Justice Robin F. Wynne in late June.
If the Arkansas Supreme Court rules against them, they have a 30-day timeframe to replace the signatures. From a practical standpoint, they would send volunteers back to the homes of the people who signed a petition presented to them by a paid staffer.
Bobrow said the secretary of state is looking for a rationale to support the decision that they have made.
“That has been the most frustrating piece of all this,” Bobrow said. “The rationale has changed a few times.”