Commission appeals judge’s order for polling location in WM

Controversial move places second early voting location in jeopardy

By DONALD WILBURN

donaldfwilburn@gmail.com

In a contentious decision on Thursday, the Crittenden County Board of Election Commissioners voted to appeal a circuit judge’s order to the Arkansas Supreme Court. The order mandated early voting at the Seventh Street Church of Christ in West Memphis for the upcoming general election in November.

The board’s chairman, Frank G. Barton III, and fellow Republican Anita Bell voted in favor of the appeal, while Democrat James Pulliaum opposed it. Barton confirmed the decision but refrained from commenting further due to the ongoing litigation.

The lawsuit prompting this appeal was filed after the board failed to establish any early-voting sites in West Memphis, the county’s largest city with a population of approximately 24,000. The county seat, Marion, has about 14,000 residents. Republican officials have expressed hopes of flipping these traditionally Democratic strongholds in the general election.

“I think it’s disappointing” said Candidate for District 35 Robert Thorne Jr. who was present at the meeting Thursday, “We need two polling sites. Regardless we need people to get out and vote. We are one of the counties with the lowest voter turnout. This is not a political issue, it’s not about Democrats or Republicans, this is an election commission issue.” The first controversy began at an August 23 meeting when Barton and Bell voted to have early voting at the new public library in West Memphis, a decision opposed by Pulliaum. Concerns about accessibility, traffic, parking, and electioneering restrictions were raised. Subsequent meetings failed to resolve the issue, leading to the lawsuit and Judge Thyer’s order.

County Clerk Paula Brown designated the Seventh Street Church of Christ as an early-polling site, a move Barton contested, arguing it was outside the county seat and an “inferior location.” Barton maintained that the board’s decision on early- voting locations required unanimity, which was not

See APPEAL, page A2

In an impassioned speech outside the courthouse, West Memphis Mayor Marco McClendon called the commission’s decision a “travesty” and “the greatest form of voter suppression.”

Photos by Don Wilburn

Beyond standing room only: Dozens of residents showed up at the last minute to voice their opinions to the commission. Even more were packed into the tiny room where the less than 15-minute meeting was held.

From page A1

achieved.

West Memphis residents Shirley P. Brown and Lavonda L. Taylor initiated the lawsuit on September 19 against the three-member Board of Election Commissioners and the county. Last Monday, Crittenden County Circuit Judge Chris Thyer ordered the board to hold early voting at the Seventh Street Church of Christ but did not mandate early voting at two other proposed sites: First Baptist Church and the West Memphis Library. Judge Thyer, who served as U.S. attorney for the Eastern District of Arkansas and previously as a Democrat in the state House of Representatives, strongly encouraged both parties to appeal his decision due to ambiguities in state election law. The plaintiffs’ attorney, Jennifer A. Waymack Standerfer, stated that her clients were satisfied with the single early-voting location and did not intend to appeal.

Following the board’s vote to appeal, several Democratic figures criticized the decision. Crittenden County Democratic Chairman Michael Ford emphasized the importance of fair elections and accessible voting. Democratic Party of Arkansas Chairman Grant Tennille described the appeal as a “railroad job,” suggesting it was a tactic to delay action.

One local elderly resident present at the commission meeting, June Simmons, expressed her concerns about voters with mobility issues saying, “My brother is in a wheelchair. He has voted in every election. He can’t get up and down steps. Even I have an issue getting up and down stairs. There are others on walkers or just hurting. What will happen to all of those votes?”

West Memphis Mayor Marco McClendon condemned the board’s decision as “the greatest form of voter suppression” vowing to ensure residents could vote regardless of the Supreme Court’s ruling. He pledged to personally assist voters in getting to the polls also adding, “I never thought in 2024 that I would be fighting the same battles fought in the 50s and 50s.”

Members of the election commission have said that the issue at hand is not the second voting itself or whether to have one, but that the judges “ambiguous” order sets a negative precedent going forward on who has sole authority over Crittenden County’s election decisions. It should be noted that the judge who ordered the second location be opened also suggested appealing his own decision in his written judgement and the two Republican members of the commission who voted in favor of the appeal also initially voted to have the West Memphis library as a second location.

Mike Ford, Chairman of the Crittenden County Democratic Party, has stated that as of right now, Oct. 8, the location in West Memphis will still be open for early voting and that the party is continuing to focus their efforts with that in mind. Early voting begins on Oct. 21.