Paul R. Parker v. Sharon Priest, in Her Official Capacity of Secretary of State of the State of Arkansas

Paul R. PARKER v. Sharon PRIEST, In Her
Official Capacity of Secretary of State of
the State of Arkansas

96-1072                                            ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered October 21, 1996


Elections -- original action -- issues raised in petition rendered
     moot -- petition dismissed. -- Where the supreme court, in an
     opinion delivered the same day, granted a petition to enjoin
     the placement of Proposed Amendment 8 on the general-election
     ballot, the issues raised in petitioner's original-action
     petition were moot, and the petition was dismissed.


     Original Action Petition; dismissed.
     William Randal Wright, for petitioner.
     Winston Bryant, Att'y Gen., by:  M. Wade Hodge, Asst. Att'y
Gen., for respondent.

     Per Curiam.
     Petitioner Paul R. Parker filed his original action petition
against respondent Sharon Priest in her capacity as Secretary of
State.  Petitioner sought an injunction from placing Proposed
Amendment 8 to the Arkansas Constitution on the ballot for the
November 5, 1996 General Election and from counting any ballots
that might be cast prior to that injunction.  Proposed Amendment 8
bears the popular name:
     AN AMENDMENT TO AUTHORIZE A STATE LOTTERY, CHARITABLE
     BINGO AND RAFFLES, AND CASINO GAMBLING AT CERTAIN
     APPROVED SITES AND UNDER CERTAIN APPROVED CONDITIONS;
     CREATING THE ARKANSAS LOTTERY AND CASINO GAMBLING
     COMMISSION TO REGULATE SUCH ACTIVITIES; AND EXEMPTING
     CERTAIN FOOD ITEMS FROM SALES TAX.
     Petitioner challenges the sufficiency of the popular name and
ballot title on the basis of length, complexity, and misleading
tendency due to serious omissions.  Because we have delivered the
opinion of this court in Scott v. Priest, 326 Ark. ___, ___ S.W.2d
___ (October 21, 1996) (No. 96-1078), granting the petition to
enjoin the placement of Proposed Amendment 8 on the November 5,
1996 general election ballot, the issues raised in this petition
are moot.  The petition, therefore, is dismissed.