Supreme Court strikes 2 amendment measures; 5 still on the ballot

Supreme Court strikes 2 amendment measures; 5 still on the ballot

The Arkansas State Supreme Court issued three rulings this week that will have an impact on your November ballot.

The Court ruled ballot the state cannot count votes for issue number 4 and ballot issue number 5. The court disagreed with arguments to strike issue number 6, so those votes will be counted.

Ballots have already been printed statewide. Although those issues may still appear on your ballot the vote will not be tabulated.

Issue 4 was an amendment to limit attorney contingency fees and non-economic damages in medical lawsuits. If passed it would have prohibited attorneys from charging clients more than one-third of the amount received in a medical-injury lawsuit. It would have also allowed the legislature to establish a maximum dollar amount that people could have received for non-economic damages.

The court ruled critical terms in the amendment were undefined.

Issue 5 was an amendment to allow three casino gaming establishments, one in Boone, Miller, and Washington counties.

The court ruled that the ballot-title for this amendment “does not honestly and accurately reflect what is contained in the proposed Amendment.”

Votes for and against issue 6 will be tabulated. The court ruled the ballot title was sufficient and not misleading.

Issue 6 is the Arkansas Medical Marijuana Amendment of 2016. Issue 7 is the Arkansas Medical Cannabis Act. Both allows patient with certain conditions to buy the drug. There are several differences between the two measures concerning what conditions qualify, who can grow the plants, and how tax revenues from the sale of medical marijuana will be distributed.

Issue 6 is a proposed Constitutional Amendment while issue 7 is an initiated act. Initiated acts can be overturned by a 2/3 vote in the House and Senate.

The first three ballot issues are Constitutional Amendments put forth by the state legislature in the last regular session.

The first issue is titled “An amendment to the Arkansas Constitution concerning terms, election, and eligibility of elected officials”.

This amendment would lengthen the term of county elected officials from 2 years to 4 years. It also defines terms for which an elected official can be removed from office.

Issue 2 would allow the Governor to retain his or her duties and powers when travelling. The provision for the Lt. Governor to assume the office in the event of death or impeachment of the Governor would remain in effect.

Issue 3 on the ballot would remove the limitation on the principal amount of general obligation bonds that may be issued under Amendment 82 of the Arkansas Constitution to attract large economic development projects. Issue 3 also authorizes a municipality to obtain or appropriate money for any corporation, association, institution, or individual to finance economic development projects and to provide economic development services.

I encourage all of you to research ballot issues 1, 2, 3, 6 and 7 before heading to the polls. The University of Arkansas Cooperative Extension office has created a very detailed non-partisan guide. You can read more about the ballot issues at www.uaex.edu.

From State Representative Deborah Ferguson