Arkansas group sues secretary of state over abortion amendment rejection
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People sign petitions in Fayetteville on July 4. Photo: Worth Sparkman/Axios
The group leading the effort to get an abortion amendment in front of Arkansas voters filed suit Tuesday against Secretary of State John Thurston in the state Supreme Court.
Why it matters: Arkansans for Limited Government's (AFLG) lawsuit asks the court to vacate Thurston's decision to disqualify the petition and resume counting the submitted signatures.
The 101,000 signatures gathered would be enough for the amendment to make it on the November ballot if Thurston had certified them.
Catch up quick: Volunteers and paid canvassers gathered signatures from more than 50 of the state's 75 counties before submitting the petition to Thurston's office on July 5. He rejected them July 10, claiming AFLG lacked proper paperwork regarding paid canvassers.
- The next day, AFLG said Thurston had "failed to fulfill" his duty and "unlawfully rejected the petition." The group requested a reversal of his opinion by Monday, July 15.
- Thurston responded in a letter Monday, saying his position remained unchanged.
The big picture: In 2022, the U.S. Supreme Court overturned Roe v. Wade, triggering a law in Arkansas that banned abortion except to save the pregnant person's life, treat an ectopic pregnancy or remove a dead fetus.
- The proposed amendment would allow abortion through the first 18 weeks of pregnancy, as well as in cases of rape, incest, fatal fetal anomaly or to save the pregnant person's life.
What they're saying: "The secretary's unlawful rejection of petitioners' submission prevents the people of Arkansas from exercising their right to adopt, or reject, the amendment," the lawsuit reads.
- "This court should correct the secretary's error and reaffirm Arkansas' motto: Regnat Populus, The People Rule."
"At the filing, the secretary's attorneys and representatives assured [AFLG executive director Lauren Cowles] that she had filed the necessary paperwork with her submission," the suit states.
The other side: A spokesperson for Thurston's office said they're reviewing the lawsuit.
Worth noting: Oscar Stilley of Cedarville, a disbarred lawyer who spent time in federal prison for tax evasion, is also suing Thurston.
The bottom line: Attorney General Tim Griffin said in a statement sent to Axios that he will represent Thurston in both lawsuits.
- "The law is clear that the sponsor — no one else — must file a signed statement when filing the petition — not at an alternative time."
- AFLG hasn't provided evidence they did this, Griffin said.
See the full lawsuit