A judge’s stay of his ruling that Arkansas’ voter ID law is unconstitutional should remain in place, Secretary of State Mark Martin’s office argued in a filing Wednesday in Pulaski County Circuit Court. Pulaski Circuit Judge Tim Fox ruled May 2 that Act 595 of 2013, which requires voters to show photo identification at the polls, is unconstitutional because it imposes qualifications for voting in Arkansas that go beyond the qualifications set out in the state constitution. Fox stayed his ruling, however, so Act 595 remained in effect in the May 20 primary election and the June 10 runoff election.
The American Civil Liberties Union of Arkansas and the Arkansas Law Center, representing a group of Arkansas voters, filed a motion in June asking Fox to lift his stay. They said more than 1,000 ballots went uncounted in the May 20 election because of the requirements of Act 595 and that more voters will be disenfranchised if the law is in effect for the Nov. 4 general election.