Opinion
No. CV-18-749
09-17-2018
MARK MARTIN, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE FOR THE STATE OF ARKANSAS APPELLANT RANDY ZOOK, INDIVIDUALLY AND ON BEHALF OF THE LEGISLATIVE QUESTION COMMITTEE, ARKANSANS FOR JOBS AND JUSTICE APPELLANT-INTERVENOR v. MARION HUMPHREY APPELLEE
APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT
[NO. 60CV-18-4857] HONORABLE MACKIE M. PIERCE, JUDGE
MOTIONS TO SUPPLEMENT THE RECORD, FOR EXPEDITED CONSIDERATION, SCHEDULING ORDER, AND CONSECUTIVE BRIEFING GRANTED; ALTERNATIVE MOTION TO IMMEDIATELY STAY WRIT OF MANDAMUS BY PULASKI COUNTY CIRCUIT COURT, AND MOTION FOR ORAL ARGUMENT DENIED.
PER CURIAM
This appeal involves Ballot Issue No. 1, "An Amendment Concerning Civil Lawsuits and the Powers of the General Assembly and Supreme Court to Adopt Court Rules." On September 6, 2018, the Pulaski County Circuit Court issued an order and final judgment granting a writ of mandamus and separate judgment declaring Issue No. 1 unconstitutional and granting writ of mandamus prohibiting the appellant, Mark Martin, in his official capacity as Secretary of State of the State of Arkansas, from counting, canvassing, publishing, and declaring the results of the November 6, 2018 election for Issue No. 1. Martin timely appealed and filed motions to supplement the record, for expedited consideration and consecutive briefing, alternative motion to immediately stay writ of mandamus by Pulaski County Circuit Court and for oral argument. Appellant-Intervenor, Randy Zook, in his personal capacity and on behalf of the Legislative Question Committee, Arkansans for Jobs and Justice, responded. Appellee, Marion Humphrey, responded.
We grant Martin's motions to supplement the record, for expedited consideration and consecutive briefing, and we set the expedited briefing schedules as follows. Martin's brief is due by 4:30 p.m. on September 24, 2018; response briefs by Humphrey and Zook are due by 4:30 p.m. on October 1, 2018; Appellants' reply brief is due by 4:30 p.m. on October 4, 2018.
Motions to supplement the record, for expedited consideration, scheduling order, and consecutive briefing granted; alternative motion to immediately stay writ of mandamus by Pulaski County Circuit Court and motion for oral argument denied.
WOOD and WOMACK, JJ., would grant motion for oral argument.
KEMP, C.J., not participating.