Stu Soffer resigned his spot on the Arkansas Board of Election Commissioners on Friday, and there are conflicting reports from dueling sides in a lawsuit as to what prompted that decision.
Soffer, of White Hall, was the Republican Party designee on the seven-member state board, while also serving as a Republican on the Jefferson County Board of Election Commissioners. Two local citizens, including a former member of the Dollarway School Board*, asserted in a lawsuit last week that dual service was a violation of state law.
The lawsuit pointed to Act 1014 of 2017, sponsored by state Rep. Vivian Flowers, D-Pine Bluff, which states "a person shall not simultaneously serve on the State Board of Election Commissioners and a county board of election commissioners." Soffer argued that the law did not apply to him retroactively, as he was already serving on both boards.
The suit was scheduled for a Jefferson County Circuit Court hearing Friday before Lincoln County District Judge Phillip Green, who filled in for recusing judges. After the hearing, both sides presented a differing version of events.
In a phone interview Friday afternoon, Soffer said he "voluntarily" resigned his spot on the state board in order to continue serving on the county board, which he said was more in need of help.
Not so, said Chris Burks, an outside attorney for the state Democratic Party, who represented the two citizens suing Soffer. He said Green issued an oral ruling from the bench, declaring Soffer ineligible to hold both offices.
"It's not something that Stu did voluntarily," Burks said. "I'm sure he'll try to make it seem like that."
"I was not told by the judge to resign," Soffer said. "The judge did not rule."
After the hearing, Green left for the day, said a clerk at the judge's office by telephone around 3 p.m. Directing questions to the county prosecutor -- who represented Soffer in the case -- the clerk refused to make the judge available to clarify the events of his courtroom.
When reached Friday, Jefferson County Prosecuting Attorney Kyle Hunter said that after meeting with the judge in chambers, "we were under the impression there was a conflict" in Soffer holding both offices. Soffer then decided to resign, Hunter said, and both left.
While in the judge's chambers, Burks said, Green brought up a 1966 court case in which the Arkansas Supreme Court ruled regarding conflicting offices. Burks said the judge told both parties in chambers that the justices' decades-old ruling prevented Soffer from serving on both the state and county boards, and that Soffer had to forfeit his position on the state board.
After Soffer resigned and left with Hunter, Burks said, the judge issued an oral ruling to that effect, in open court and in front of deputy prosecutor Maxie Kizer, who could not be reached for comment.
"He's trying to save face," Burks said of Soffer.
The lawsuit was brought on behalf of Dorothy Singleton, a former member of the Dollarway School Board,* and Jihad Muhammad, whom Burks described as citizens concerned about "honest" government.
Soffer said the Democratic Party has it out for him: "I must be doing something right for them to keep trying to get me off the county committee."
While serving as a poll watcher in November 2016, Soffer was accused in a lawsuit of voter intimidation during the early voting period at the Jefferson County Courthouse, but the suit was tossed. Soffer also stirred controversy earlier that year, when he pulled out a pistol -- but did not point it at anyone -- after a heated meeting of the county election commissioners.
In the past, Soffer has said he planned to carry out both terms even after the Legislature passed Act 1014, which prohibited the dual roles. He said Friday that he had planned to not seek another term on the county board, so that he could continue to serve at the state level.
Soffer's seat on the state Board of Election Commissioners is appointed by the Republican Party, whose chairman is Doyle Webb.
Metro on 03/24/2018
*CORRECTION: Dorothy Singleton is a former member of the Dollarway School Board. Her previous elective office was misidentified in a previous version of this story.