Parker v. Priest

930 S.W.2d 322, 326 Ark. 123, 1996 Ark. LEXIS 485
CourtSupreme Court of Arkansas
DecidedSeptember 30, 1996
Docket96-779
StatusPublished
Cited by32 cases

This text of 930 S.W.2d 322 (Parker v. Priest) 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
Parker v. Priest, 930 S.W.2d 322, 326 Ark. 123, 1996 Ark. LEXIS 485 (Ark. 1996).

Opinion

DONALD L. Corbin, Justice.

Petitioner, Paul R. Parker, and Intervenor, Gerald J. Crochet, Jr., ask us to enjoin Respondent, Secretary of State Sharon Priest, from placing proposed Amendment 4 to the Arkansas Constitution on the ballot for the general election to be held November 5, 1996. Petitioner requests that if the election ballots are printed before this court has a chance to rule on the petition, we enjoin Respondent from counting and canvassing the votes cast with respect to the proposed Amendment 4. We allowed the intervention of two additional parties in this original action, which was filed pursuant to Amendment 7 to the Arkansas Constitution of 1874: Craig Douglass on behalf of “Arkansans For Amendment 4,” the sponsors of the proposed amendment, and Elizabeth Farris and others on behalf of “Give Hot Springs the Right to Vote Committee.” Petitioner and Intervenor Crochet challenge both the ballot tide and the popular name of the proposed amendment. We find no merit to their challenges and deny the petition and request for injunctive relief.

On June 12, 1996, Respondent certified as sufficient the popular name and ballot title of the proposed Amendment 4. As certified by both Respondent and the Arkansas Attorney General, the popular name of the proposed amendment reads as follows:

AN AMENDMENT TO ESTABLISH A STATE LOTTERY; TO PERMIT CHARITABLE BINGO GAMES AND RAFFLES CONDUCTED BY NONPROFIT ORGANIZATIONS; AND TO ALLOW VOTERS IN HOT SPRINGS TO DECIDE WHETHER OR NOT TO AUTHORIZE CASINO GAMBLING AT OR ADJACENT TO THE OAKLAWN RACETRACK AND AT TWO OTHER CASINO ESTABLISHMENTS IN HOT SPRINGS LOCATED AT SITES TO BE APPROVED BY THE GOVERNING BODY OF HOT SPRINGS

The complete text of the ballot tide as certified by both Respondent and the Arkansas Attorney General is appended to this opinion. Relevant portions of the ballot tide are reproduced as needed in our discussion below. Petitioner filed this original action on July 3, 1996. We granted Intervenor Douglass’s motion to expedite this case on September 9, 1996, and heard oral argument on September 23, 1996.

ORIGINAL ACTION PETITION

Petitioner initiated this original action by filing a petition in this court pursuant to Amendment 7 to the Arkansas Constitution of 1874 and Ark. Sup. Ct. R. 6-5. In his petition, Petitioner raises five points for injunctive relief, arguing that the popular name and ballot title are insufficient and misleading because: (1) there is no definition of “state lottery;” (2) there is no geographical location for “voters in Hot Springs;” (3) they are unclear as to whether one or two issues will be decided in the Hot Springs local election on the location of casino gambling; (4) voters will not be able to ascertain in the five minutes they are allotted in the voting booth that the purpose of the proposed amendment is to give Oaklawn Racetrack a constitutionally sanctioned monopoly on for-profit gambling; and (5) they are lengthy, complex, and confusing as they relate to casino gambling. In oral argument, Petitioner’s counsel abandoned the first two of these points. The third point is raised in Intervenor Crochet’s brief and is addressed below. The last two points are raised in Petitioner’s brief and will be addressed below.

In his supporting brief, Petitioner’s challenge has four grounds as to the ballot tide only: (1) the ballot tide is not sufficient to enable a voter to make an intelligent decision as to whether to vote for or against the proposed law; (2) the length, design, and complexity of the ballot tide will prevent the voter from comprehending what choice he is being asked to make in the time allotted a voter; (3) the design of the ballot tide does not enable the voter to comprehend the consequences of voting to approve the proposal as it applies to casino gambling and pari-mutuel wagering at Oaklawn Racetrack; and (4) the ballot tide does not uphold the very purpose of the initiative process.

Intervenor Crochet raises the following four challenges to the ballot tide in his brief: (1) the ballot tide sets a date certain for commencement of casino gambling at Oaklawn, but does not disclose whether and when casino gambling will commence at the other two casinos; (2) the ballot tide does not inform voters that Oaklawn Racetrack is the only pari-mutuel franchisee in Hot Springs; (3) the ballot title misleads voters into thinking more than three casinos will be authorized — an unlimited number at or adjacent to Oaklawn and two elsewhere; and (4) the ballot title does not inform voters of a significant change in the law that it would allegedly achieve — changing the source of the right to conduct dog racing from statutory law to constitutional law. We consider all arguments separately below.

STANDARD OF REVIEW SUFFICIENCY OF POPULAR NAME AND BALLOT TITLE

The popular name is primarily a useful legislative device that need not contain the same detailed information or include exceptions that might be required of a ballot title. Chaney v. Bryant, 259 Ark. 294, 532 S.W.2d 741 (1976) (citing Pafford v. Hall, 217 Ark. 734, 233 S.W.2d 72 (1950)). Ballot titles must include an impartial summary of the proposed amendment that will give voters a fair understanding of the issues presented and of the scope and significance of the proposed changes in the law; they cannot omit material information that would give the voter serious ground for reflection; they must be free from misleading tendencies that, whether by amplification, omission, or fallacy, thwart a fair understanding of the issues presented. Bailey v. McCuen, 318 Ark. 277, 884 S.W.2d 938 (1994); Christian Civic Action Comm. v. McCuen, 318 Ark. 241, 884 S.W.2d 605 (1994). The popular name is to be considered with the ballot title in determining its sufficiency. Moore v. Hall, 229 Ark. 411, 316 S.W.2d 207 (1958).

It is axiomatic that the majority of voters will derive their information about a proposed measure from the ballot title immediately before exercising the right of suffrage. Christian Civic Action Comm., 318 Ark. 241, 884 S.W.2d 605. Thus, it is this court’s duty and responsibility to ensure that when that right of suffrage is exercised as to a proposed amendment to our state’s constitution, the voters are allowed to make an intelligent choice, fully aware of the consequences of their vote. Id.

PETITIONER’S BRIEF

I. INSUFFICIENT TO ENABLE VOTER TO MAKE INTELLIGENT DECISION

Here, Petitioner makes no specific allegation of insufficiency of the ballot tide; he does not identify any specific language as misleading or omitted.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Knight v. Martin
556 S.W.3d 501 (Supreme Court of Arkansas, 2018)
Stiritz v. Martin
556 S.W.3d 523 (Supreme Court of Arkansas, 2018)
Lange v. Martin
2016 Ark. 337 (Supreme Court of Arkansas, 2016)
Ross v. Martin
2016 Ark. 340 (Supreme Court of Arkansas, 2016)
Richardson v. Martin
2014 Ark. 429 (Supreme Court of Arkansas, 2014)
Cox v. Martin
2012 Ark. 352 (Supreme Court of Arkansas, 2012)
Cox v. Daniels
288 S.W.3d 591 (Supreme Court of Arkansas, 2008)
Kinchen v. Wilkins
238 S.W.3d 94 (Supreme Court of Arkansas, 2006)
May v. Daniels
194 S.W.3d 771 (Supreme Court of Arkansas, 2004)
Ward v. Priest
86 S.W.3d 884 (Supreme Court of Arkansas, 2002)
Opinion No.
Arkansas Attorney General Reports, 1997
Crochet v. Priest
931 S.W.2d 128 (Supreme Court of Arkansas, 1996)
Scott v. Priest
932 S.W.2d 746 (Supreme Court of Arkansas, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
930 S.W.2d 322, 326 Ark. 123, 1996 Ark. LEXIS 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-priest-ark-1996.