McDaniel v. Spencer
Decision Date | 05 March 2015 |
Docket Number | No. CV–14–599,CV–14–599 |
Parties | Dustin McDaniel, in his official capacity as Attorney General, and Mark Martin, in his official capacity as Secretary of State, Appellants v. Paul Spencer and Neil Sealy, Appellees |
Court | Arkansas Supreme Court |
Dustin McDaniel, Att'y Gen., by: Patrick E. Hollingsworth, Ass't Att'y Gen., for appellants.
Bettina E. Brownstein Law Firm, by: Bettina E. Brownstein ; and David A. Couch, PLLC, by: David A. Couch, for appellees.
Dustin McDaniel, in his official capacity as Attorney General for the State of Arkansas, and Mark Martin, in his official capacity as Secretary of State for the State of Arkansas, appeal from orders of the Pulaski County Circuit Court declaring certain sections of Act 1413 of 2013 unconstitutional and enjoining their enforcement. As this appeal involves the interpretation or construction of the Constitution of the State of Arkansas, as well as substantial questions of law concerning the validity, construction, or interpretation of an act of the General Assembly, our jurisdiction is pursuant to Arkansas Supreme Court Rules 1–2(a)(1) and (b)(6) (2014). We affirm in part and reverse in part.
In the legislative findings accompanying Act 1413, the General Assembly found that sponsors and paid canvassers may have an incentive to knowingly submit forged or otherwise invalid signatures in order to obtain additional time to gather signatures and submit supplemental petitions. The General Assembly also found that, absent efforts to address the issues, untrained paid canvassers would continue to obtain and submit forged or otherwise facially invalid signatures. The General Assembly further found that passage of the Act would make sponsors and canvassers more accountable to the people, facilitate the initiative process, conserve state resources, and help restore confidence and trust in the initiative process.
In October 2013, Paul Spencer and Neil Sealy filed a complaint against Secretary Martin in his official capacity, alleging that certain sections of the Act violated the Constitution of the State of Arkansas, amendment 7, the right of due process, the right of equal protection, the right to petition, and the right to free speech. They also filed a motion for preliminary injunction in which they sought to enjoin Secretary Martin from enforcing the Act. Attorney General McDaniel, acting in his official capacity, successfully moved to intervene in the action and opposed the request for an injunction.
Following a hearing, the circuit court entered an order in which it granted a temporary injunction and found that sections 3, 11, 13, 15, 18, and 21 of Act 1413 violated the state constitution. In the order, the circuit court found that the provisions would cause the citizens of the State of Arkansas to lose their ability to propose legislative measures and laws directly to the people. On April 2, 2014, the circuit court entered a judgment in favor of appellees in which it permanently enjoined Secretary Martin from enforcing the portions of the Act that it had declared unconstitutional. This appeal followed.
This court reviews a circuit court's interpretation of the constitution de novo because it is for this court to determine what a constitutional provision means. Martin v. Kohls, 2014 Ark. 427, at 10–11, 444 S.W.3d 844, 850. Although this court is not bound by the circuit court's decision, its interpretation will be accepted as correct on appeal in the absence of a showing that the circuit court erred. Id. at 11, 444 S.W.3d at 850.
Appellees challenged the constitutionality of certain provisions of Act 1413 of 2013. Acts of the legislature are presumed constitutional and the party challenging the statute has the burden to prove otherwise. Archer v. Sigma Tau Gamma Alpha Epsilon, Inc., 2010 Ark. 8, 362 S.W.3d 303. An act will be struck down only when there is a clear incompatibility between the act and the constitution. Tsann Kuen Enters. Co. v. Campbell, 355 Ark. 110, 129 S.W.3d 822 (2003).
Section 21 of Act 1413 adds subchapter 6, titled “Paid Cavassers,” to Title 7, Chapter 9 of the Arkansas Code. As our holding regarding the constitutionality of this section affects the constitutionality of provisions in several of the other disputed sections, we address it first. Section 21 prohibits a sponsor from providing money or anything of value to a canvasser unless the canvasser meets the requirements of the section. Ark. Code Ann. § 7–9–601(a)(1) (Supp. 2013). Sponsors are required to provide paid canvassers with a copy of the most recent edition of the Secretary of State's handbook on referenda and initiatives and explain Arkansas law applicable to obtaining signatures on an initiative or referendum petition to the canvasser before the canvasser can solicit signatures. Ark. Code Ann. § 7–9–601(a)(2)(A)–(B) (Supp. 2013). Sponsors must also provide a complete list of all paid canvassers' names and current residential addresses to the Secretary of State and update the list if additional paid canvassers are used. Ark. Code Ann. § 7–9–601(a)(2)(C)(i)–(ii) (Supp. 2013).
Before a paid canvasser can obtain signatures on an initiative or referendum, the canvasser must submit to the sponsor the following: (1) his or her full name and any assumed name; (2) his or her current residence address and permanent domicile address if the permanent domicile address is different from the current residential address; (3) a signed statement taken under oath or solemn affirmation that states that he or she has not pled guilty or nolo contendere to or been found guilty of a criminal offense involving a violation of the election laws, fraud, forgery, or identification theft in any state; (4) a signed statement that he or she has read and understands the Arkansas law applicable to obtaining signatures on an initiative or referendum petition; (5) a signed statement that the person has been provided a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook; and (6) a photograph of the person taken within ninety days of the submission of the above-required information. Ark. Code Ann. § 7–9–601(b)(1)—(6) (Supp. 2013). Sponsors are required to maintain the information for three years after the general election. Ark. Code Ann. § 7–9–601(c) (Supp. 2013). For the purposes of section 7–9–601, “paid canvasser” means a person who is paid or with whom there is an agreement to pay money or anything of value before or after a signature on an initiative or referendum petition is solicited in exchange for soliciting or obtaining a signature on a petition. Ark. Code Ann. § 7–9–601(d) (Supp. 2013).
Washburn, 225 Ark. at 871–72, 286 S.W.2d at 497.
The rationale used in Washburn is instructive in this case. The State clearly has an interest in ensuring that sponsors are aware of the identity of people who are being paid to solicit signatures from citizens as well as how to locate them should problems arise and to have assurance that the persons so employed are aware of the applicable laws and do not have a criminal history that calls into...
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