Group's wage-suit role tested

Filing questions intervenor’s backing of ballot initiative

A filing in a lawsuit challenges the role of a group backing the ballot initiative that, if passed, would increase the minimum wage in Arkansas.

Plaintiff Jackson Thomas Stephens Jr. -- who filed a motion with the Arkansas Supreme Court last week in an effort to invalidate the ballot initiative -- argued in a filing late Friday that the court should reconsider its decision to allow the initiative's sponsor, Give Arkansas a Raise Now, to intervene in the court case. Stephens is the son of Jack Stephens Sr., founder of Little Rock-based Stephens Inc.

Although Give Arkansas a Raise Now registered itself as a supporter of the ballot initiative with the state's ethics commission earlier, Stephens' filing points out that the group spent less than $8,000 in its efforts while another organization that supported the initiative, the Arkansas Interfaith Alliance, paid $446,925 to a Little Rock lobbying group for canvassing and signature collections.

The Arkansas Interfaith Alliance is not registered as an intervening party in the lawsuit. Its leader, Steve Copley, is also the head of Give Arkansas a Raise Now, which filed Wednesday to intervene in the case. The Supreme Court accepted Copley's motion Thursday.

"It is clear that [Give Arkansas a Raise Now] had nothing to do with the circulation of the petitions and/or collection of the signatures as alleged in [earlier filings]," Stephens' filing read. "Clearly, [Arkansas Interfaith Alliance] is the real party at interest -- not Give Arkansas a Raise Now."

Copley referred questions to attorney David Couch, who said Give Arkansas a Raise Now is a grass-roots group that was involved in the ballot initiative process at every step.

"Sponsorship does not equate with money," Couch said. "I think [Stephens'] filing was more for political consumption than legal consumption."

The initiative, if passed by voters Nov. 4, gradually would raise the state's minimum wage from $6.25 to $8.50 an hour by 2017.

Stephens' complaint argued that Give Arkansas a Raise Now did not submit its petition signatures in a timely manner and that Secretary of State Mark Martin's office incorrectly validated nearly 8,000 signatures that the group needed to obtain a 30-day extension to obtain the necessary signatures to get the issue on the ballot.

It also asserted that there were potential instances of fraud in the signature-gathering process.

Both Give Arkansas a Raise Now and Martin's office have contested Stephens' allegations in the Supreme Court record.

On Monday, Stephens said the amount of money coming in from out-of-state labor groups made him suspicious about the integrity of the petition-gathering process.

The bulk of the financial support for the collection of signatures through the Markham Group, a lobbying firm with Democratic ties, came from big labor organizations outside the state and accounted for most of the $360,000 of out-of-state contributions, according to the court filing.

"What in God's name has drawn their interest?" Stephens said. "[Out-of-state unions] can't possibly have an interest in a right-to-work state that wants to increase the minimum wage."

When asked whether he thought the support of labor groups that typically support Democratic candidates was provided in an effort to increase turnout for the forthcoming election, Stephens said it was possible.

"If they have a hidden and surreptitious motive underneath a good motive like raising the minimum wage, then that needs to be exposed," Stephens said.

Because the Markham Group works primarily with Democratic candidates and their campaigns, Stephens also questioned whether there was direct collusion between the ballot initiative and state Democrats running for office.

Couch denied any kind of collusion.

"I think just about everybody, including the Republicans, have announced support for the minimum wage [increase]. The organizations that contribute to this effort are organizations that are traditionally supportive of Democrats, but there was no campaign involved in this [ballot initiative]," Couch said. "If we increase the minimum wage [in Arkansas], well, a rising tide lifts all boats ... it's all been related to helping [the Arkansas] labor force get whatever help they can get."

Greg Hale, a partner at the Markham Group, characterized Stephens' filings as a "ploy" meant to suppress voter turnout and deny working Arkansans a needed raise.

On Thursday, the Supreme Court appointed a former appeals court judge, John Robbins, to sort through the filings and submit a report to the high court by Oct. 10.

Briefs in the case are due by Oct. 13.

Metro on 09/30/2014

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