Bryan Norris, on Behalf of Himself and All Similarly Situated Persons; Arkansas Voter Integrity Initiative, Inc.; And Restore Election Integrity Arkansas, a Ballot Question Committee v. Independence County, Arkansas; Tracey Mitchell, in Her Official Capacity as County Clerk; Jennifer Emery, Frances Haigwood, and Wendy Henry, Each in Their Official Capacities as Election Commissioners; And Johnathan Abbott, Cliff Barnett, Brad Covington, Brent Henderson, Kenny Hurley, Johnny McMullin, Tammy Pearce, Dennis Stephens, and Tim Stewart, Each Personally and in Their Official Capacities as Justices of the Peace and State of Arkansas Ex Rel. Tim Griffin, in His Official Capacity as Attorney General of Arkansas

CourtSupreme Court of Arkansas
DecidedApril 30, 2026
StatusPublished

This text of Bryan Norris, on Behalf of Himself and All Similarly Situated Persons; Arkansas Voter Integrity Initiative, Inc.; And Restore Election Integrity Arkansas, a Ballot Question Committee v. Independence County, Arkansas; Tracey Mitchell, in Her Official Capacity as County Clerk; Jennifer Emery, Frances Haigwood, and Wendy Henry, Each in Their Official Capacities as Election Commissioners; And Johnathan Abbott, Cliff Barnett, Brad Covington, Brent Henderson, Kenny Hurley, Johnny McMullin, Tammy Pearce, Dennis Stephens, and Tim Stewart, Each Personally and in Their Official Capacities as Justices of the Peace and State of Arkansas Ex Rel. Tim Griffin, in His Official Capacity as Attorney General of Arkansas (Bryan Norris, on Behalf of Himself and All Similarly Situated Persons; Arkansas Voter Integrity Initiative, Inc.; And Restore Election Integrity Arkansas, a Ballot Question Committee v. Independence County, Arkansas; Tracey Mitchell, in Her Official Capacity as County Clerk; Jennifer Emery, Frances Haigwood, and Wendy Henry, Each in Their Official Capacities as Election Commissioners; And Johnathan Abbott, Cliff Barnett, Brad Covington, Brent Henderson, Kenny Hurley, Johnny McMullin, Tammy Pearce, Dennis Stephens, and Tim Stewart, Each Personally and in Their Official Capacities as Justices of the Peace and State of Arkansas Ex Rel. Tim Griffin, in His Official Capacity as Attorney General of Arkansas) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bryan Norris, on Behalf of Himself and All Similarly Situated Persons; Arkansas Voter Integrity Initiative, Inc.; And Restore Election Integrity Arkansas, a Ballot Question Committee v. Independence County, Arkansas; Tracey Mitchell, in Her Official Capacity as County Clerk; Jennifer Emery, Frances Haigwood, and Wendy Henry, Each in Their Official Capacities as Election Commissioners; And Johnathan Abbott, Cliff Barnett, Brad Covington, Brent Henderson, Kenny Hurley, Johnny McMullin, Tammy Pearce, Dennis Stephens, and Tim Stewart, Each Personally and in Their Official Capacities as Justices of the Peace and State of Arkansas Ex Rel. Tim Griffin, in His Official Capacity as Attorney General of Arkansas, (Ark. 2026).

Opinion

Cite as 2026 Ark. 91 SUPREME COURT OF ARKANSAS No. CV-26-116

Opinion Delivered: April 30, 2026 BRYAN NORRIS, ON BEHALF OF HIMSELF AND ALL SIMILARLY APPEAL FROM THE SITUATED PERSONS; ARKANSAS INDEPENDENCE COUNTY VOTER INTEGRITY INITIATIVE, CIRCUIT COURT INC.; AND RESTORE ELECTION [NO. 32CV-26-55] INTEGRITY ARKANSAS, A BALLOT QUESTION COMMITTEE HONORABLE TIM WEAVER, JUDGE APPELLANTS REVERSED AND REMANDED.

V.

INDEPENDENCE COUNTY, ARKANSAS; TRACEY MITCHELL, IN HER OFFICIAL CAPACITY AS COUNTY CLERK; JENNIFER EMERY, FRANCES HAIGWOOD, AND WENDY HENRY, EACH IN THEIR OFFICIAL CAPACITIES AS ELECTION COMMISSIONERS; AND JOHNATHAN ABBOTT, CLIFF BARNETT, BRAD COVINGTON, BRENT HENDERSON, KENNY HURLEY, JOHNNY MCMULLIN, TAMMY PEARCE, DENNIS STEPHENS, AND TIM STEWART, EACH PERSONALLY AND IN THEIR OFFICIAL CAPACITIES AS JUSTICES OF THE PEACE APPELLEES

AND

STATE OF ARKANSAS EX REL. TIM GRIFFIN, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF ARKANSAS INTERVENOR-APPELLEE

CODY HILAND, Associate Justice This case presents a significant constitutional question concerning the Arkansas

General Assembly’s authority to create, expand, or diminish the jurisdiction of Arkansas

courts. Bryan Norris challenges Act 975 of 20251 under Amendment 80 of the Arkansas

Constitution and the separation of powers doctrine. In Act 975, the General Assembly

purported to strip Arkansas circuit courts of their constitutionally assigned original

jurisdiction over facial constitutional challenges to state laws and confer that jurisdiction

solely on the Arkansas Court of Appeals—a constitutionally limited appellate court. The

Arkansas Constitution alone forecloses that effort. Amendment 80 preserves the original

jurisdiction of the circuit courts, confines the court of appeals to appellate jurisdiction, and

vests this court with authority over the judiciary. Act 975 contravenes those constitutional

limits. It is therefore unconstitutional, and we reverse and remand for further proceedings

consistent with this opinion.

I. Factual and Procedural Background

In 2024, voters in Independence County enacted a new ordinance requiring

elections to be conducted using hand-marked, hand-counted paper ballots.2 The first

election under this new process was set for the March 2026 primary. After more than a

1 Codified at Ark. Code Ann. § 16-13-201(a) (Supp. 2025); see also Ark. Sup. Ct. R. 1-2 and 2-4(b) & (d) (West 2026). We note that the versions of Rules 1-2 and 2-4 reflecting section 16-13-201(a) appear only in post-November 1, 2025, publications. 2 We recently opined on the initial validity of this ballot measure in Mitchell v. Norris, 2024 Ark. 148, 698 S.W.3d 361, holding that the ballot title was sufficient and affirming the circuit court’s order to certify the measure to the Independence County Election Board. 2 year, however, the Independence County Quorum Court voted to rescind the ordinance

pursuant to its authority under Arkansas Code Annotated section 14-14-918(b).3

On February 6, 2026, Bryan Norris filed suit against Independence County, as well

as the election commissioners and justices of the peace who permitted the rescission of the

ordinance. His complaint asserted four claims: (1) that the quorum court lacked authority

to nullify a successful citizen-led initiative; (2) that Arkansas Code Annotated section 14-

14-918(b) is facially unconstitutional; (3) that the quorum court’s actions violated the

Arkansas Civil Rights Act of 1993; and (4) that a writ of mandamus should issue compelling

enforcement of the voter-adopted ordinance.

The county moved to dismiss Norris’s claims, relying on Act 975 of 2025, which

provides in pertinent part:

(a)(1) Except as provided in subdivision (a)(2) of this section, circuit courts shall have original jurisdiction of all justiciable matters not otherwise assigned pursuant to the Arkansas Constitution.

(2) The Court of Appeals shall have exclusive original jurisdiction over a facial constitutional challenge in which a party seeks in the party’s initial or amended pleading to have a provision of an act of the General Assembly, a provision of the Arkansas Code, or a provision of an administrative rule or regulation declared unconstitutional in all of its applications under the United States Constitution or the Arkansas Constitution.

Ark. Code Ann. § 16-13-201(a) (Supp. 2025) (emphasis added). In its briefing below,

however, the County did not cite Act 975 directly. Instead, it pointed to a version of

3 “No measure approved by a vote of the electors shall be amended or repealed by a quorum court except by affirmative vote of two-thirds (2/3) of the whole number of justices [of the peace] comprising a [quorum] court.” Ark. Code Ann. § 14-14-918(b) (Repl. 2013). 3 Arkansas Supreme Court Rule 1-2(a), asserting that the court of appeals holds “exclusive

original jurisdiction” over such claims:

In the case at hand, [Norris] makes a facial constitutional challenge in his initial complaint to have a provision of the Arkansas Code – Ark. Code Ann. § 14-14-918 – declared unconstitutional[.] However, Rule 1-2(a) of the Arkansas Supreme Court and Court of Appeals Rules states that “‘(t)he Court of Appeals shall have exclusive original jurisdiction over a facial constitutional challenge . . . to have a provision of the Arkan [(sic)] Code . . . declared unconstitutional[.]’” ARK. SUP. CT. R. 1-2(a) (West 2026).

In a footnote, the County acknowledged that the asserted rule change stems from Act 975

and further acknowledged that it has not yet been adopted by this court—but maintained

that no such adoption is required because, in its view, Amendment 80, section 10 vests the

General Assembly with authority to effect that change independently:

Rule 1-2 of the Rules of the Supreme Court and Court of Appeals of Arkansas to give the Arkansas Court of Appeals original jurisdiction for facial constitutional challenges was amended by the Arkansas State Legislature pursuant to Act 975 (H.B. 1832) during the 2025 regular session, which became effective November 1, 2025. Defendants note that this amendment has not yet been adopted by an order of the Supreme Court of Arkansas. However, pursuant to Amendment 80, § 10 of the Arkansas Constitution, . . . there does not appear to be a provision requiring the Arkansas Supreme Court to adopt the amendment to Rule 1-2. Nonetheless, the [County Appellees] wish to note that the Rule [change] has not yet been adopted [by the Arkansas Supreme Court].

(Emphasis added.) Norris then challenged the constitutionality of Act 975.

After a hearing on February 18, the circuit court dismissed Norris’s entire case for

lack of subject-matter jurisdiction pursuant to Act 975. Norris filed his notice of appeal the

next day, narrowing his request to a single issue: the constitutionality of Act 975. Four days

later, he lodged the appeal in this court along with a motion for expedited consideration. 4 Following briefing on the motion to expedite and related relief, this court denied the

requested relief but granted expedited consideration so the case can be decided this term—

though not before the imminent primary election, which was then only four days away.

We address the issue now after full briefing and oral argument by the parties.

II. Constitutionality of Act 975 of 2025

This is an appeal from a circuit court’s order dismissing a complaint for lack of

subject-matter jurisdiction under Act 975 of 2025. Because the circuit court’s dismissal

under Act 975 involves a pure question of law, our review is de novo. State v. Good Day

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Bryan Norris, on Behalf of Himself and All Similarly Situated Persons; Arkansas Voter Integrity Initiative, Inc.; And Restore Election Integrity Arkansas, a Ballot Question Committee v. Independence County, Arkansas; Tracey Mitchell, in Her Official Capacity as County Clerk; Jennifer Emery, Frances Haigwood, and Wendy Henry, Each in Their Official Capacities as Election Commissioners; And Johnathan Abbott, Cliff Barnett, Brad Covington, Brent Henderson, Kenny Hurley, Johnny McMullin, Tammy Pearce, Dennis Stephens, and Tim Stewart, Each Personally and in Their Official Capacities as Justices of the Peace and State of Arkansas Ex Rel. Tim Griffin, in His Official Capacity as Attorney General of Arkansas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryan-norris-on-behalf-of-himself-and-all-similarly-situated-persons-ark-2026.