Supreme Court of Arkansas

Ark. St. Bd. of Elec. Comm'Rs v. Pcec

May 16, 20142014 Ark. 236

Summary

The court vacated the circuit court’s declaration that Act 595 was unconstitutional because that issue was neither pleaded nor adequately developed by the parties. It affirmed the invalidation of the election commission’s absentee-ballot cure rules because the commission exceeded its implementation authority by creating a procedure the legislature had not enacted, violating separation of powers. The court also declined to review the challenge to the plaintiff’s standing because the argument was not preserved.