Dustin McDaniel

Summary

The separate opinion would uphold all of Act 1413 and reverse the circuit court’s ruling in its entirety. It concludes that the two-county signature prohibition and the petition-gathering dead period are valid measures authorized by article 5, section 1 of the Arkansas Constitution to prevent fraudulent petition practices. Justice Hart, concurring in part and dissenting in part, would instead invalidate Act 1413 in its entirety because its cumulative burdens impermissibly impair fundamental initiative and referendum rights.