Arkansas: Hundreds Disenfranchised By America’s Worst Voter ID Law | ThinkProgress

Last April, Arkansas’ Republican-controlled state legislature overrode Gov. Mike Beebe’s (D) veto to enact a strict photo ID law for all voters. But while Arkansas is now one of several states which suppress voting by requiring valid photo identification to vote at the polls, a unique and poorly written provision in the bill caused hundreds of absentee voters to also have their votes rejected in last month’s primary. The Arkansas ID law requires that people who show up to vote in person early or on Election Day show “proof of identity” before casting their ballots. That proof must be a driver’s license, a photo identification card, a concealed handgun carry license, a United States passport, an employee badge or identification document, a United States military identification document, a student identification card issued by an accredited postsecondary educational institution in the State of Arkansas, a public assistance identification card, or a state-issued voter identification photo ID card. Such laws have been shown to have both adiscriminatory intent and effect — and to depress voter participation. Even one of the Arkansas law’s strongest supporters, Republican gubernatorial nominee Asa Hutchinson, was initially turned away from voting in his own primary because he forgot his photo ID last month.

Arkansas: Dozens of ballots tossed because of voter ID law | Associated Press

Two dozen ballots weren’t counted in Arkansas’ most populous county after voters who didn’t show identification at the polls in last week’s primary failed to return by a Tuesday deadline to present ID under a new state law, election officials said. Officials in several counties reported only a handful of voters who returned to the polls by the deadline under Arkansas’ voter ID law, which was enforced for the first time statewide in the primary. The secretary of state’s office and the state Board of Election Commissioners said they weren’t tracking the number of ballots that were tossed out because of the law.

Arkansas: Judge formally enters ruling against voter ID law, but keeps decision stayed | Associated Press

An Arkansas judge on Friday continued a stay of his ruling against the state’s new voter ID law, but appeared to leave open the possibility that he could reconsider and block the law’s enforcement during next month’s primary. The secretary of state, meanwhile, told the judge he planned to appeal the ruling to the state Supreme Court. Pulaski County Circuit Judge Tim Fox formally entered his ruling that requiring voters to show photo identification before casting a ballot is unconstitutional. The five-page order formalizes a ruling Fox issued from the bench on May 2, when Fox issued a preliminary injunction against the law but said he wouldn’t block its enforcement during Tuesday’s primary.

Arkansas: Voter ID law causes chaos and confusion | MSNBC

Arkansas’s voter ID law was recently declared unconstitutional by a judge, who ruled that it violated the state constitution’s right to vote. But for now, the law is still in effect—and it created chaos and confusion in its first real test Tuesday. Just as troubling, the state’s election administrators are reacting with a collective shrug. Arkansas’s primaries, held Tuesday, were fairly low turnout affairs. But the state is playing host to a crucial and high-profile U.S. Senate race this fall. Among the problems reported from Tuesday: poll workers quizzing voters on their personal information, including address and birthdate, after being shown ID, and using electronic card strip readers to verify ID—both of which go far beyond what the law allows. Some voters without proper ID are said to have been wrongly denied provisional ballots. And large numbers of absentee ballots also are in danger of not being counted, thanks to the ID law. “We’re hearing from some pretty steamed voters,” said Holly Dickson, a lawyer with the state chapter of the American Civil Liberties Union, citing “a smorgasborg of complaints and issues” about the law’s application. The ACLU is challenging the law in court.

Arkansas: GOP candidate runs into voter-ID problem in Arkansas | MSNBC

When voting-rights advocates complain about voter-ID laws as an unnecessary suppression policy, the right generally responds with rhetoric that might seem sensible: “everyone” already carries identification, so these laws are no big deal and the left’s concerns are exaggerated.

Evidence to the contrary is fairly common, and once in a while, even amusing.

Asa Hutchinson, who won the Republican nomination in the race for Arkansas governor Tuesday, forgot his ID when he went to the polls, despite backing the state’s new voter ID law, according to the Associated Press. Christian Olson, a spokesman for the Republican candidate, told the AP that Hutchinson believed the situation was a “little bit of an inconvenience” and that a staffer retrieved his ID so he could cast a ballot. Olson said the former congressman still believes voters should be required to show an ID.

The larger takeaway from this should be obvious.

Arkansas: Voters Complain About Quizzing By Poll Workers Checking IDs | TPM

Tuesday primaries marked the first state-wide election in Arkansas since the state’s new voter ID law went into effect earlier this year. And there were problems. The American Civil Liberties Union of Arkansas has received numerous complaints from voters who say poll workers “quizzed” them about the information on their IDs, one of the organization’s officials told TPM on Wednesday. “It’s not one or two specific locations, we’re hearing about it in various locations around the state,” Holly Dickson, legal director at ACLU of Arkansas, said in an interview. “There may have been a coordinated effort to have poll workers enforce the law this way — that remains to be seen, of course.”

Arkansas: High court tosses judge’s voter ID ruling but doesn’t address law’s constitutionality | Associated Press

The Arkansas Supreme Court tossed out a judge’s ruling striking down the state’s voter ID law on Wednesday, but stopped short of ruling on the constitutionality of the measure. In a 5-2 ruling, justices vacated a Pulaski County judge’s decision that the law violates Arkansas’ constitution. Pulaski County Circuit Judge Tim Fox had struck down the law in a case that had focused on how absentee ballots are handled under the law, but justices stayed his ruling while they considered an appeal. Fox also has ruled the law unconstitutional in a separate case but said he wouldn’t block its enforcement during this month’s primary. That ruling is being appealed to the high court. Justices said Fox didn’t have the authority to strike down the law in the case focusing on absentee ballots. They noted that there was no request before Fox in the case to strike down the law.

Arkansas: Voter ID law in Arkansas again found unconstitutional | Associated Press

An Arkansas judge on Friday again found the state’s new voter ID law to be unconstitutional but said there wasn’t enough time to prohibit officials from enforcing it during this month’s primary election. Pulaski County Circuit Judge Tim Fox ruled that the law requiring voters to show photo identification before casting a ballot violates the Arkansas Constitution. But Fox stayed his order, saying he did not believe there was time to stop the state from using the law for the May 20 primary because early voting is set to begin Monday. “I’m not going to throw thousands of precincts into turmoil,” Fox told attorneys at the end of an hour-long hearing. Fox struck down the law in a separate case last week, but the state Supreme Court stayed that ruling while it considers an appeal of the decision. A spokesman for Attorney General Dustin McDaniel’s office said he planned to appeal Fox’s latest ruling against the law as well.

Arkansas: Judge again strikes down voter ID law; stay keeps law in effect | Arkansas News

For the second time in eight days, a Pulaski County circuit judge ruled Friday that an Arkansas law requiring voters to show photo identification at the polls is unconstitutional. Judge Tim Fox also stayed his order, leaving the law in effect. He noted that the state Supreme Court has stayed his April 24 ruling striking down Act 595 pending an appeal. The judge said he stayed his latest ruling for the sake of consistency because an appeal is “inevitable” and there is no time for the Supreme Court to decide whether to issue a new stay before early voting in the May 20 primary election begins Monday. “I’m not going to throw thousands of precincts into turmoil,” Fox said. Fox issued his latest ruling in a lawsuit filed by the American Civil Liberties Union of Arkansas and the Arkansas Law Center on behalf of four Arkansas voters. He agreed with the plaintiffs that Act 595 imposes qualifications to vote in Arkansas that improperly go beyond the qualifications set forth in the Arkansas Constitution.

Arkansas: Supreme Court stays portion of Voter ID ruling | Arkansas Times

The Arkansas Supreme Court today issued a split ruling on staying Circuit Judge Tim Fox’s ruling last week invalidating the state’s new Voter ID law. The effect seems to mean that, barring an uncommonly fast ruling, early voting could begin next week with the Voter ID law in effect. The court granted an expedited appea. Briefs are due by noon Friday and no motions for extension will be granted. The court granted a temporary stay of the portion of Fox’s ruling declaring Act 595 unconstitutional. Thus, a photo ID will be required of in-person early voters until and unless the Supreme Court upholds Fox. Early voting begins Monday. But the Supreme Court denied a stay of the part of the order also declaring rules promulgated by the Arkansas State Board of Election Commissioners unconstitutional and. These rules were adopted to fix a flaw in the law that didn’t give absentee voters an equal ability with in-person voters to produce identification to qualify a provisional ballot if the ID wasn’t submitted with the absentee ballot. In-person voters have a week to take an ID to a county clerk. Absentee voters who fail to include a valid ID in a mailed ballot don’t have that option.

Arkansas: Election board asks Arkansas Supreme Court for stay of ruling that threw out voter ID law | Associated Press

With early voting for the May primary set to begin next week, the Arkansas State Board of Election Commissioners and the state’s Republican Party asked the Arkansas Supreme Court on Monday for an emergency stay of a judge’s ruling that found the state’s new voter ID requirement unconstitutional. The board filed a request Monday asking justices for an emergency stay to allow the voter identication requirement to remain in place for the upcoming primary election. Last week, Pulaski County Judge Tim Fox issued a ruling that threw out the voter ID law, which the Legislature passed last year. Fox made the ruling in a case filed by the Pulaski County Election Commission that focused on absentee ballots. “The decision below grants relief well beyond what plaintiffs had requested,” the Republican Party of Arkansas wrote in a filing. “It has the potential for causing irreparable harm and confusion not only among voters but election officials. It was issued at the eleventh hour with early voting scheduled to begin in the state of Arkansas in a matter of days.”

Arkansas: Attorney General files notice of appeal in Voter ID case | Associated Press

Arkansas’ attorney general told a state judge on Friday he plans to appeal a decision that struck down a new voter ID law, while a civil liberties group said it will move forward with a separate challenge to the requirement. Attorney General Dustin McDaniel’s office filed a notice of appeal over Pulaski County Judge Tim Fox’s ruling a day earlier that voided a new law requiring voters to show photo identification before casting a ballot. McDaniel is appealing the case to the Arkansas Supreme Court. Fox had issued the ruling in a case that focused on how absentee ballots are handled under the new law. A spokesman for McDaniel’s office and the chairman of the state Republican Party both said they planned to ask the court to stay Fox’s ruling. The GOP had been given permission to help defend the state in the absentee ballot case, and has filed a separate notice of appeal. The state’s primary is May 20, and early voting for that election begins May 5.

Arkansas: Issue of vote threshold for voter ID law saw debate, party-line votes | Arkansas News

While the state Legislature was debating the bill that became Arkansas’ voter ID law last year, Rep. Jim Nickels, D-Sherwood, argued that it had to meet a higher vote threshold than other bills. Nickels, a lawyer, said at the time that the bill to require voters to show photo identification at the polls required a two-thirds majority vote to pass because it would change the Arkansas Constitution by adding to the requirements to vote in Arkansas, which are set in the constitution. The bill’s supporters argued that the law would not change the constitution because it would only affect procedures at the polls. They said the eligibility requirements to be a voter would stay the same; the bill would merely require voters to prove they are who they say they are. “I feel vindicated,” Nickels said Friday, a day after Pulaski County Circuit Judge Tim Fox struck down Act 595 of 2013.

Arkansas: Judge voids Arkansas voter ID law | Associated Press

An Arkansas judge struck down the state’s new voter ID law on Thursday, saying it violates the state constitution by adding a requirement that voters must meet before casting a ballot. Pulaski County Circuit Judge Tim Fox voided the measure in a lawsuit over the way absentee ballots are handled under the law. A separate lawsuit had been filed last week directly challenging the law, which requires voters to show photo identification before casting a ballot. The law “is declared void and unenforceable,” Fox wrote in the ruling. The Republican-led Legislature approved the law last year, overriding a veto by Democratic Gov. Mike Beebe with a simple majority vote in the House and Senate. Backers of the measure said it was aimed at reducing voter fraud, while opponents said it would disenfranchise voters. A spokesman for Attorney General Dustin McDaniel, a Democrat, says the state Board of Election Commissioners has asked McDaniel’s office to appeal Thursday’s ruling, and it will do so.

Arkansas: May 2 hearing set in voter ID lawsuit | Arkansas News

A judge on Wednesday scheduled a May 2 hearing to consider motions in a lawsuit challenging a state law requiring voters to show photo identification at the polls. Wednesday also was the final day for attorneys to file briefs in a separate lawsuit over how absentee ballots should be handled under the law. Pulaski County Circuit Judge Tim Fox scheduled a hearing in a lawsuit alleging that Act 595 of 2013, which took effect Jan. 1, unconstitutionally burdens voters by subjecting them to requirements that go beyond the requirements set forth in the Arkansas Constitution. The American Civil Liberties Union of Arkansas and the Arkansas Law Center filed the suit in Pulaski County Circuit Court last week on behalf of four Arkansas voters. This week, the plaintiffs filed a motion for a preliminary injunction to bar enforcement of the law before the May 20 primary and nonpartisan election.

Arkansas: Preliminary Injunction Sought In Voter ID Case | The Times Record

The plaintiffs in a lawsuit challenging Arkansas’ voter ID law said in a court filing Wednesday that they, and all Arkansas voters, will be irreparably harmed if a judge does not bar enforcement of the law before the May 20 primary and nonpartisan election. The American Civil Liberties Union of Arkansas and the Arkansas Law Center filed the suit in Pulaski County Circuit Court last week on behalf of four Arkansas voters. The suit alleges that Act 595 of 2013, which requires voters to show photo ID at the polls, violates the Arkansas Constitution by imposing restrictions on voting that go beyond the restrictions provided in the constitution and by impairing the rights of Arkansans to vote.

Arkansas: GOP sees voter ID double standard | Washington Times

The Republican Party of Arkansas said absentee voters who fail to submit required identification with their ballot should be given more time to submit ID, arguing in a filing to a state court that failing to do so would create a double standard compared to voters who cast a ballot in person. The Arkansas State Board of Election Commissioners approved a rule change allowing voters who do not submit required identification with their absentee ballot to turn in the documents for their vote to be counted by noon Monday following an election. It mirrors an identical period given voters who fail to show ID when they seek to vote in person at the polls.

Arkansas: Lawsuit challenges Arkansas voter ID law | Arkansas News

The American Civil Liberties Union of Arkansas and the Arkansas Law Center filed a lawsuit Wednesday challenging Arkansas’ law requiring voters to show photo identification at the polls. The suit, filed in Pulaski County Circuit Court on behalf of four Arkansas voters, alleges that Act 595 of 2103 violates the Arkansas Constitution by imposing requirements on voting that go beyond the requirements established in the constitution and impairing the rights of Arkansans to vote. “People who have been qualified to vote their entire adult lives are now being blocked from doing so by this unnecessary and unconstitutional law,” Rita Sklar, executive director of the ACLU of Arkansas, said in a statement. “The Arkansas Constitution specifically outlines the qualifications needed to vote. The state should be ashamed of making it harder for eligible voters from exercising this most fundamental right than our own constitution requires.” State Sen. Bryan King, R-Green Forest, who sponsored Act 595, said the law addresses voter fraud.  “Requiring someone to present a photo ID is not shameful,” he said. “You have to do it to get on an airplane. You have to do it at a lot of basic functions that we operate in everyday life. Is it shameful that we have do require this for people that get on an airplane? That’s ridiculous.”

Arkansas: GOP can intervene in voter ID lawsuit, judge rules | Arkansas News

The state Republican Party can intervene in a lawsuit over how absentee ballots should be handled under the state’s new voter ID law, a Pulaski County circuit judge ruled Monday. The party had asked Judge Tim Fox to allow it to intervene in a lawsuit the Pulaski County Election Commission filed against the state Board of Election Commissioners. The suit alleges that the board exceeded its authority when it adopted rules on how absentee ballots should be handled when voters submit them without the proof of identity required under Act 595 of 2013. The attorney general’s office is representing the Board of Election Commissioners in the case. George Ritter, attorney for the state GOP, argued in a hearing Monday that the party should be allowed to intervene because Attorney General Dustin McDaniel, a Democrat, cannot provide vigorous and effective representation in the case.

Arkansas: Election board approves absentee ballot rules | Associated Press

Arkansas’ Board of Election Commissioners on Wednesday adopted rules for handling absentee ballots under the state’s new voter ID law despite a lawsuit that accuses the board of overstepping its authority. The rules allow an absentee voter who does not provide a proper ID when voting until noon on the Monday after the election to provide an approved form of ID — such as a copy of a driver’s license. The rules also say those absentee voters should be notified via first class mail that they must submit approved forms of identification before their votes can be counted. “What we’re doing is making sure that we’re not disenfranchising any voters,” said Republican Secretary of State Mark Martin, the chairman of the election board.

Arkansas: Hearing set in voter ID lawsuit; plaintiffs oppose GOP’s intervention | Arkansas News

A hearing has been scheduled in a lawsuit over how absentee ballots should be handled under the state’s new voter ID law. Pulaski County Circuit Judge Tim Fox on Tuesday scheduled a hearing on motions in the case for Monday at 9 a.m. The suit, filed March 12 by the Pulaski County Election Commission and Pulaski County Clerk Larry Crane, alleges that the state Board of Election Commissioners exceeded its authority when it adopted an emergency rule in February concerning absentee ballots. Also this week, the commission argued in a filing that the state GOP should not be allowed to intervene in the case. The emergency rule states that if county election officials receive an absentee ballot that is not accompanied by a copy of the voter’s ID, as required under Act 595 of 2013, they should treat it as a provisional ballot and give the voter until noon on the Monday following the election to submit ID and have the ballot counted.

Arkansas: State panel approves permanent rules on absentee ballots | Arkansas News

The state Board of Election Commissioners voted Wednesday to approve proposed permanent rules on how absentee ballots should be handled under Arkansas’ new voter ID law. The rules state that if an absentee voter fails to submit a copy of his or her identification with an absentee ballot, as required under Act 595 of 2013, the ballot should be treated as a provisional ballot and the voter should be given until noon on the Monday following the election to submit ID and have the ballot counted. The rules go next to the Administrative Rules and Regulations Subcommittee of the Arkansas Legislative Council for review.

Arkansas: GOP asks to intervene in voter ID suit | Associated Press

The Arkansas Republican Party wants to intervene in a lawsuit over how absentee ballots are handled under the state’s new voter ID law, arguing that the state’s Democratic attorney general can’t adequately represent GOP voters. The GOP on Wednesday asked a Pulaski County judge to allow it to help defend the state Board of Election Commissioners for adopting a rule that gives absentee voters additional time to show proof of ID. The Pulaski County Election Commission claimed in a lawsuit earlier this month that the state panel overstepped its bounds with the new rule.

Arkansas: State Election Board files emergency statement on absentee ballots | Arkansas News

The director of the state Board of Election Commissioners on Friday filed an emergency statement that he said was inadvertently omitted when the commission previously filed an emergency rule on how absentee ballots should be handled under the state’s new voter ID law. The board adopted an emergency rule Feb. 28 stating that when voters submit absentee ballots that are not accompanied by a form of identification as required under Act 595 of 2013, those ballots should be treated as provisional ballots and the voters should have until noon on the Monday after the election to submit ID and have their ballot counted. Act 595 requires voters to show photo ID at the polls and requires absentee voters to provide a form of identification, not necessarily photo ID. The board adopted the emergency rule after confusion arose as to whether a cure period provided in the law for voters who fail to show photo ID at the polls should apply to absentee voters as well.

Arkansas: State, county election officials at odds over ID law | Arkansas News

A member of the state Board of Election Commissioners filed but later withdrew a complaint Thursday against two Pulaski County election officials for failing to follow the board’s policy on how to handle absentee ballots under the state’s new voter ID law. The actions by Stuart Soffer of White Hall came a day after the the Pulaski County Election Commission and Pulaski County Clerk Larry Crane filed a lawsuit challenging the policy. Soffer said Thursday he withdrew his complaint after deciding, on reflection, that it might be inappropriate for him to file a complaint with a board of which he is a member. Instead, he said he will propose at an upcoming meeting that the board as a body file a complaint against Pulaski County Election Commission Chairman Leonard Boyle Sr. and member Chris Burks.

Arkansas: Pulaski County election panel, county clerk sue state election board over absentee ballots | Associated Press

The Pulaski County Election Commission and County Clerk Larry Crane have filed a lawsuit against the Arkansas Board of Election Commissioners over rules on how county election commissioners should handle absentee ballots under the state’s new voter-identification law, alleging the board overstepped its authority. The lawsuit, filed Wednesday, asks that the rules passed Feb. 28 be declared invalid. The rules allow an absentee voter who does not provide a proper ID when voting until noon on the Monday after the election to provide an approved form of ID — such as a copy of a driver’s license. The rules also say those absentee voters should be notified via first class mail that they must submit approved forms of identification before their votes can be counted.

Arkansas: Pulaski County to sue over state election board’s rule on absentee voting | Arkansas Times

As expected, the Pulaski County Election Commission voted this morning to sue over a new state Board of Election Commissioners rule on handling absentee ballots submitted without ID required under a 2013 law. The action will be broad, which means it could expand into the whole question of the constitutionality of the Voter ID law generally. The vote was 2-0 by Democratic commissioners Chris Burks and Leonard Boyle. The Republican member, Phil Wyrick, resigned last week because he became a candidate for county judge. The Party must appoint a replacement. Wyrick had favored following the attorney general’s opinion on handling absentee ballots, which is at variance with the state board’s new rule.

Arkansas: Bill to keep Lietenant Governor office vacant advances | Associated Press

Arkansas senators cleared a path Wednesday for a vote on a bill to keep the lieutenant governor’s office vacant until the November general election. A Senate committee advanced a measure that would enable Gov. Mike Beebe to not call a special election for the lieutenant governor’s office. The position has been vacant since Mark Darr resigned on Feb. 1. Holding the election would cost at least $1 million, said the bill’s sponsor, Senate Republican Leader Eddie Joe Williams of Cabot. Darr, a Republican, resigned under the threat of impeachment and after the state Ethics Commission fined him $11,000 for ethics violations tied to his office and campaign spending.

Arkansas: No Small Stuff (cont.): Ballot Error Costs Pulaski $12,800 | Election Academy

The latest example of “there is no small stuff” in elections comes to us from Pulaski County (Little Rock) Arkansas – where a small but crucial error in preparing ballots for an upcoming millage election ended up costing the county thousands of dollars when they had to be reprinted. The Arkansas Democrat-Gazette has more:

One number put in the wrong place resulted in a decision Saturday to reprint more than 53,600 ballots before the March 11 Pulaski County special millage election. The Pulaski County Election Commission — which now holds meetings during each poll-worker training session — voted unanimously Saturday to reprint the ballots after realizing the misprinted forms could not be counted by the voting machines at the precincts.

Arkansas: Proposal to avoid special election for lieutenant governor advances | Arkansas News

A resolution that would allow consideration of legislation to let the governor forgo calling a special election for lieutenant governor was approved by the Senate and a House committee on Tuesday, the second day of the Legislature’s fiscal session. Senate Resolution 6 by Senate Majority Leader Eddie Joe Williams, R-Cabot, was approved 32-0. The House version, House Bill 1009 by House Majority Leader Bruce Westerman, R-Hot Springs, received a “do pass” recommendation from the House Rules Committee in a voice vote in which no “no” votes were heard. The resolution advances to the full House, where a two-thirds majority vote will be required to consider the non-budget proposal in a fiscal session.