Jefferson County Election Commission v. Hollingsworth

2014 Ark. 431, 445 S.W.3d 504, 2014 Ark. LEXIS 568
CourtSupreme Court of Arkansas
DecidedOctober 23, 2014
DocketCV-14-391
StatusPublished
Cited by5 cases

This text of 2014 Ark. 431 (Jefferson County Election Commission v. Hollingsworth) 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.

Bluebook
Jefferson County Election Commission v. Hollingsworth, 2014 Ark. 431, 445 S.W.3d 504, 2014 Ark. LEXIS 568 (Ark. 2014).

Opinion

DONALD L. CORBIN, Associate Justice.

| jThis is an appeal from an order of the Jefferson County Circuit Court granting Appellee Deborah “Debe” Hollingsworth’s request for a petition for writ of mandamus. 1 Appellants are the Jefferson County Election Commission (Commission); Ted Davis, individually and in his official capacity as chairman of the Jefferson County Election Commission; Stu Stoffer and Cynthia Sims, in their official capacities as Jefferson County Election Commissioners; Will Fox, in his official capacity with the Jefferson County Election Commission; and Patricia Johnson, in her official capacity as Jefferson County Clerk | ¡¡(collectively “Appellants”). 2 For reversal, they argue that the circuit court erred in (1). denying their motion to dismiss Ap-pellee’s complaint because the complaint failed to state a cause of action for which relief could be granted; (2) denying then-motion to dismiss because the complaint failed to state facts upon which relief could be granted; and (3) its construction of Arkansas Code Annotated section 14-37-113. Our jurisdiction is pursuant to Arkansas Supreme Court Rule l-2(a)(4) (2014). Because the appeal is moot, we dismiss it.

The present case dates back to a dispute that arose in 2012 regarding the length of term for municipal offices in the city of Pine Bluff. A mayoral election was scheduled to appear on the November 2012 ballot. Prior to that election, Redus, who was then the mayor of Pine Bluff, filed an action in the Jefferson County Circuit Court requesting a declaration of when the next mayoral election should be held and requesting a writ of mandamus to prohibit the county clerk from counting any votes in the 2012 mayoral election or certifying the winner. The circuit court entered an order on October 5, 2012, finding that the Pine Bluff mayoral election was properly scheduled for November 2012 and denying Redus’s motion for a writ of mandamus. No appeal was taken from that order.

|sThe election took place as scheduled in November 2012, and Hollingsworth defeated Redus in the mayoral election. On December 3, 2012, the Pine Bluff City Council passed a resolution stating in relevant part as follows:

Section 1. That the party committees of the recognized political parties under the laws of the State of Arkansas which are operating in Jefferson County, Arkansas, are hereby requested to conduct primary elections for the municipal officers of the City of Pine Bluff, Arkansas, beginning in 2014 and for all subsequent municipal elections.

City of Pine Bluff, Ark., City Council Res. No. 3551, § 1 (Dec. 3, 2012). Nevertheless, Hollingsworth took office on January 1, 2013, and her oath of office stated that her term began in 2013 and ends in 2016.

Prior to the filing deadline for the 2014 primary elections, Redus filed as an unopposed Democratic candidate for the office of Pine Bluff mayor. Franklin filed as a Democratic candidate for city treasurer, and Whitfield, the current city clerk who was elected in 2012, filed as a Democratic candidate for the city clerk position.

Thereafter, on March 25, 2014, Hollings-worth filed a complaint seeking injunctive relief, issuance of a preliminary/permanent injunction, writ of mandamus/prohibition, declaratory judgment, and attorney’s fees. Specifically, she asked for injunctive relief mandating that any plans for a mayoral election be nullified and cancelled. She requested a writ of mandamus/prohibition directing the Commission “to take necessary and appropriate action to nullify and cancel the scheduling” of elections for the offices of mayor, city clerk, and city treasurer until 2016. Finally, she requested a declaratory judgment that she was Delected to a four-year term expiring on December 31, 2016, and where no vacancy existed, the Commission could not lawfully schedule elections for any city offices.

Appellants filed a motion to dismiss Ap-pellee’s complaint on April 8, 2014. In that motion, Appellants claimed that Ap-pellee had failed to plead facts sufficient to state a cause of action, failed to state facts that showed a clear right to the requested relief, and failed to include necessary parties.

The circuit court held a hearing that same day. At the conclusion of the hearing, the circuit court announced from the bench that the October 5, 2012 circuit-court order finding that the municipal elections were to be held every four years was res judicata. The circuit court further announced that Appellee was “entitled to a writ of prohibition prohibiting the election, declaring that it’s a four-year term for the mayor.”

Following its oral ruling, the circuit court entered a written order on April 21, 2014, granting a “Writ of Mandamus and Prohibition.” Therein, the court stated that the Commission’s plans to conduct a May 2014 primary election and a November 2014 general election for the Pine Bluff municipal offices of mayor, treasurer, and city clerk were null and void. The court ordered the Commission to cancel any such arrangements, desist from future action to call for or conduct said elections, and refrain from the counting of any votes cast in such elections.

Appellants filed a timely notice of appeal and also filed a motion requesting that the circuit court’s order be stayed pending their appeal of the court’s decision. The circuit court entered an order on May 5, 2014, denying the motion for stay. That same day, Appellants | ¡dodged the record with our court and filed an emergency petition for a stay pending appeal and a motion to expedite consideration of the stay motion. This court granted the motion for expedited consideration but denied Appellants’ request for a stay pending appeal. Briefing commenced, and the case is now submitted for our consideration.

As á threshold matter, this court must determine whether the instant appeal is moot. As a general rule, the appellate courts of this state will not review issues that are moot because to do so would be to render an advisory opinion, which this court will not do. See Kinchen v. Wilkins, 367 Ark. 71, 238 S.W.3d 94 (2006). Generally, a case becomes moot when any judgment rendered would have no practical legal effect upon a then existing legal controversy. Id. We have, however, recognized two exceptions to the mootness doctrine. Id. The first exception involves issues that are capable of repetition, yet evade review, and the second exception concerns issues that raise considerations of substantial public interest which, if addressed, would prevent future litigation. Id.

Here, the instant litigation began when Appellee, the current mayor, filed a complaint seeking a declaratory judgment that she holds the office of mayor through 2016, and a writ of mandamus to prohibit Appellants from taking any actions with regard to municipal elections in either the primary or general elections in 2014. The circuit court found in her favor, but its written order was limited to granting the requested relief of a writ of mandamus thát prohibited election officials from conducting any elections for the municipal offices of mayor, treasurer, and city clerk and directing those officials to not count or certify any votes that may be cast for those offices.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 Ark. 431, 445 S.W.3d 504, 2014 Ark. LEXIS 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-county-election-commission-v-hollingsworth-ark-2014.