Safe Surgery Arkansas, a Ballot Question Comm. v. Thurston

Summary

The court held that the emergency clause in Act 376 was constitutionally defective because avoiding confusion in petition circulation did not state an emergency requiring immediate effectiveness for the preservation of public peace, health, or safety. Because Act 376 therefore was not effective when Safe Surgery Arkansas filed its referendum materials, the Secretary of State was ordered to evaluate those materials under the pre-Act 376 framework. The court declined to reach the constitutional challenges to Act 376 or the propriety of the referendum’s popular name and ballot title.