Supreme Court of Arkansas

Arkansas State Board of Election Commissioners and Doyle Webb

May 16, 20142014 Ark. LEXIS 367

Summary

The court vacated the circuit court’s declaration that Act 595 was unconstitutional because that issue had not been pleaded or sufficiently developed by the parties. It affirmed the invalidation of the election board’s absentee-voter cure rules because the board exceeded its authority by creating a procedure that the legislature had not enacted, violating separation of powers. The court also declined to review the standing argument because it was not preserved by a ruling below. Justice Baker, joined by Justice Hart, dissenting, would have reversed and remanded because the majority’s disposition produced a different result from the circuit court’s ruling.