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Committee to Restore Arkansans' Rights alleges part of state's code is unconstitutional

By Noddy A. Fernandez | Jun 4, 2018

LITTLE ROCK, Ark. (Legal Newsline) – An Arkansas ballot question committee is challenging the rejection of its proposed amendment to the state's constitution.

Committee to Restore Arkansans' Rights filed a complaint on May 1 in the Pulaski County Circuit Court against Leslie Rutledge, in her capacity as attorney general for the state of Arkansas, seeking declaratory relief.

According to the complaint, the plaintiff alleges on Jan. 23, it "submitted a proposed popular name, ballot title and text of a proposed amendment of Article 5, Section 1 of the Arkansas Constitution authorizing the General Assembly to waive State's sovereign immunity."  The suit states the defendant rejected it in February as permitted by Section 7-9-107(c) of Arkansas Code.

The plaintiff alleges that Section 7-9-107(c) of Arkansas Code is unconstitutional because it "restricts, hampers or impairs the exercise of the rights reserved to the people in Article 5, Section 1, and it is therefore in direct conflict with the Arkansas Constitution."

The plaintiff seeks a declaration that Section 7-9-107(c) is unconstitutional as applied to it, order the defendant to order to approve and certify the amendment, schedule an emergency hearing, and for all other just and proper relief to which it may be entitled. It is represented by Alex T. Gray and Nate Steel of Steel, Wright, Gray & Hutchinson PLLC in Little Rock, Arkansas.

Putnam Circuit Court case number 60CV-18-2834

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Organizations in this Story

Arkansas Attorney General Pulaski Co Circuit Court Steel, Wright, Gray & Hutchinson, PLLC

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