Secretary of State Denies Challenge to Proposed Amendment
(July 20, 2012) LITTLE ROCK — Secretary of State Mark Martin today issued an administrative declaration denying a challenge to the legal sufficiency of the ballot title for a proposed amendment to the Arkansas Constitution.
Elizabeth Williams of Little Rock challenged the sufficiency of the ballot title for Nancy Todd’s Poker Palace and Entertainment Venues, LLC, measure. The proposed amendment would allow a casino gaming establishment in four counties (Pulaski, Miller, Franklin, and Crittenden). The Secretary of State’s administrative declaration denies the challenge.
Arkansas law provides for an administrative challenge to the sufficiency of any ballot title. Williams challenged only the sufficiency of the ballot title and did not make any other challenge in the petition filed June 21, 2012.
The Arkansas Attorney General’s office had certified the current ballot title and popular name for the measure after revising it from the originally proposed title.
The Secretary of State is required to review an administrative challenge, to consult with the Attorney General concerning such a challenge, and to make the administrative determination of whether the challenge meets the legal requirements for such a challenge. Secretary Martin consulted with the Attorney General’s office, which provided a written response to the challenge earlier today.
Arkansas law allows the administrative declaration to be appealed for judicial review.
Secretary Martin has notified both Williams and the proponent of the measure, including counsel for Nancy Todd’s Poker Palace and Entertainment Ventures, LLC, of the determination.