Supreme Court of Arkansas
Nancy Lee Wilson and Paula Jean Casey
October 13, 20162016 Ark. LEXIS 282
Summary
The court granted an original-action petition challenging the ballot title for a proposed constitutional amendment concerning medical-injury contingency fees and noneconomic damages. It held that the ballot title was insufficient because neither the amendment nor the title defined the technical term "non-economic damages," leaving voters unable to understand the measure's effect and make an informed decision. The court enjoined the Secretary of State from counting or certifying votes on the proposed amendment. Chief Justice Brill and Justice Wood, concurring, would have addressed the petitioners' additional challenges to provide guidance for future ballot-title sponsors.