Alcohol-vote supporters seek suit dismissal

Supporters of the state's constitutional amendment to allow for statewide rights to sell and manufacture alcohol argued in a filing Tuesday that the Supreme Court should dismiss efforts by opposition to derail the ballot issue.

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Representatives from Let Arkansas Decide, the organized advocacy group standing behind the Nov. 4 ballot measure that, if approved, would eliminate dry counties statewide, responded to a complaint from the opposition group, Citizens for Local Rights, saying the group's lawsuit was filed out of its jurisdiction.

On Sept. 5, Brian Richardson and Mary Dillard filed a complaint on behalf of Citizens for Local Rights, arguing that the language on the ballot was misleading and that the petitions for the ballot measure didn't garner enough valid signatures before the proper deadline.

Citizens for Local Rights argued that the state's Constitution required ballots to be turned in by July 4, four months before the Nov. 4 issue. They claimed that the signatures accepted July 7 were void.

The initiative obtained 91,831 valid signatures, more than the 78,133 required by state law to put it on the ballot.

In the brief filed Tuesday, Let Arkansas Decide attorney David Couch argued that the challenge to the ballot issue was ultimately a challenge of the authority of Secretary of State Mark Martin and that the group's proper venue was to challenge the measure before Martin certified the measure, which he did Aug. 29.

Tuesday's filing echoed Martin's argument that the secretary of state's decision to extend the collection of signatures to July 7, the Monday after a long July Fourth weekend, was merely continuing an established tradition dating back to 1925 of the office allowing extensions if the deadlines fell on a holiday.

Martin's Sept. 9 response also argued that the objection to the ballot came too late, as it is already in the process of being distributed to county clerks across the state.

On Tuesday, attorneys on both sides of the case confirmed that oral arguments in the case will be heard Oct. 9 before the state's highest court.

Metro on 09/17/2014

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