Dismiss Little Rock's lawsuit, Sabin asks; not in mayor’s race, he argues, so state law trumps city’s

Rep. Warwick Sabin is shown in this file photo.
Rep. Warwick Sabin is shown in this file photo.

State Rep. Warwick Sabin, who is considering a run for Little Rock mayor, told a judge this week that Little Rock's lawsuit claiming that Sabin is violating the law should be dismissed.

The city of Little Rock filed the lawsuit in Pulaski County Circuit Court last month naming Sabin and Frank Scott Jr., who both have started exploratory committees for mayor, and the Arkansas Ethics Commission as defendants.

The city said the would-be candidates are violating a city ordinance that forbids fundraising until the June before a November election. The city named the Ethics Commission in the lawsuit because the state agency declined to answer the city's question about whether Sabin and Scott must adhere to the city ordinance.

In a response filed electronically Sunday, Sabin's attorneys said the state representative is following state law that allows a person to form an exploratory committee and raise funds two years out from an election.

Sabin's response says the Little Rock ordinance that restricts fundraising to a shorter timeline applies to candidates. Sabin is not officially a candidate for mayor. He has only announced that he is exploring a run.

"Enforcing these [city] ordinances against an exploratory committee outstrips the authority granted to local jurisdictions under Ark. Code Ann. §7-6-224, because the state statute expressly defines 'exploratory committees' and does not grant cities any authority to regulate them," Sabin's attorneys wrote.

Scott has not yet replied to the lawsuit. He has 30 days after being served with notification of the lawsuit to file a response. He was served Jan. 30.

In Sabin's response, he asked Judge Tim Fox to dismiss the city's lawsuit.

Among other things, his response said the city is not only asking the court for a neutral declaratory judgment but also to "apply the law and enforce it" against Sabin and Scott.

Sabin is being represented by Steve Harrelson of the Harrelson Law Firm, Tim Cullen of Cullen & Co. PLLC, as well as Chris Burks of Sanford Law Firm, who also serves as counsel for the Democratic Party of Arkansas.

In a news release issued Tuesday, Sabin's campaign touted that his legal team as bipartisan. Harrelson is a former Democratic state senator. Cullen is described as a lifelong Republican.

"We're asking for this lawsuit to be thrown out for a variety of reasons," Cullen said in the news release. "Under state law, Warwick Sabin has legally formed an exploratory committee as he considers running for Little Rock Mayor, but the City of Little Rock refuses to understand this basic concept and is wasting taxpayer money on a politically motivated lawsuit.

"The Arkansas Ethics Commission has reviewed this case previously and declined to take any action because Warwick Sabin is following state law," the release said. "The mayor's position, where incumbents keep their massive war chests for years, but opponents can't truly campaign until six months before the election, is simply unfair."

Incumbent Mayor Mark Stodola, who plans to seek re-election, has carry-over funding from his previous campaign. He had $78,412 left from his previous campaign account at the end of 2016, when he last had to file a report. The account accrues interest.

The Sabin for Mayor exploratory committee has raised more than $150,000, a campaign spokesman said. The committee's official contribution and expenditure report wasn't immediately available Tuesday.

The Neighbors for Frank Scott, Jr. exploratory committee collected more than $77,000 through January, according to its latest contributions report.

Metro on 02/21/2018

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