PINE BLUFF - The attorney who provides legal counsel to Jefferson County said Friday that he plans to appeal on behalf of the Jefferson County Election Commission a recent circuit court ruling that ordered Pine Bluff ’s next mayoral, city treasurer and city clerk elections not be held until 2016.
Attorney Jackie Harris said he expected to appeal sometime this week, despite Jefferson County Prosecuting Attorney Kyle Hunter’s advice against the move.
In a letter dated April 10, Hunter said that “the court has given clear direction to the Jefferson County Board of Election Commissioners that the positions of Pine Bluff mayor, city clerk and treasurer are not up for reelection in 2014.”
“It is clear from the last two court decisions on this issue that these positions are to remain on the same election cycle they were on prior to Pine Bluff’s population decline under 50,000,” the letter states.
Hunter’s letter continues, “It is not the role of the [Election Commission]to challenge the decisions of the circuit court, but to follow those decisions.
Jefferson County should not expend money and resources to fund” this effort.
Pine Bluff Mayor Debe Hollingsworth sued the Election Commission last month after the body voted to include former Pine Bluff Mayor Carl Redus Jr. and candidates for city clerk and treasurer on the ballot for this year’s May 20 primary election, even though those races aren’t supposed to be held until 2016.
Redus has argued that because Pine Bluff’s population dropped below 50,000, the city needs to reset its election cycle.
Arkansas cities that have populations of less than 50,000 have elections for mayor, city treasurer and city clerk during nonpresidential election years.
But the law doesn’t spell out what happens to the election cycle when a city that had more than 50,000 residents drops below that mark.
Retired Circuit Judge Ted Capeheart of Ashdown - appointed by Arkansas Supreme Court Justice Jim Hannah to hear Hollingsworth’s lawsuit after Jefferson County judges recused - ruled April 3 that the elections should be in 2016, not this year.
Jefferson County Election Coordinator Will Fox said the ballots for the May 20 primary election were already printed before Capeheart’s ruling and will not be reprinted because some were already sent to absentee voters, including military personnel.
The ballots included Redus; Pine Bluff City Clerk Loretta Whitfield; and Lloyd Franklin, who sought the city treasurer’s seat.
Those races - all of which had just one candidate for each of the offices - will be ignored during the ballot count, Fox said.
Capeheart’s ruling was the second about how population might affect Pine Bluff’s election cycle.
Redus sued in 2012 during his campaign for mayor, asking a judge to stop the race because he claimed it should not be held until this year.
His suit was dismissed, and the election went on as scheduled in 2012. Hollingsworth defeated Redus that year by more than 5,800 votes.
A message left for Redus on Friday was not returned.
Hollingsworth said she was concerned about the county footing the bill for the appeal.
She said it isn’t right that taxpayers’ money be spent in this manner.
Hollingsworth paid for her lawsuit out of her own pocket, she said.
Hunter said funds to pay for Harris’ salary when Harris is dealing with litigation on behalf of the county come from the county’s general fund.
Arkansas, Pages 7 on 04/21/2014