Arnell Willis v. Jack Crumbly, St. Francis County Election Commission, Frederick Freeman, Chair, Maceo Hawkins and Chris Oswalt
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SUPREME COURT OF ARKANSAS
No. 07572
Opinion Delivered 111507
REP. ARNELL WILLIS,
APPELLANT,
VS.
JACK CRUMBLY; THE ST. FRANCIS
COUNTY ELECTION COMMISSION,
FREDERICK FREEMAN, CHAIR; MACEO
HAWKINS AND CHRIS OSWALT, ALL
IN THEIR INDIVIDUAL CAPACITIES AS
MEMBERS OF THE ST. FRANCIS
COUNTY ELECTION COMMISSION,
APPELLEES,
APPEAL FROM THE CIRCUIT COURT
O F ST . F R A N C I S C O U N T Y ,
ARKANSAS, NO. CV20066811; HON.
L. T. SIMES, JUDGE,
REVERSED AND REMANDED;
MOTION TO DISQUALIFY COUNSEL
FOR ELECTION COMMISSION
D E N I E D ; M O T I O N F O R
APPOINTMENT OF SPECIAL JUDGE IN
THE EVENT OF REVERSAL AND
REMAND DENIED.
ROBERT L. BROWN, Associate Justice
Representative Arnell Willis appeals for the second time from a dismissal by the St.
Francis County Circuit Court of his complaint challenging the validity of the runoff election
between Jack Crumbly and him in the Democratic Primary for the Arkansas State Senate
District 16 election. We reverse the order dismissing the case in favor of Crumbly and the
St. Francis County Election Commission, and we remand for additional proceedings.
The facts leading up to the circuit court’s dismissal are these. Willis, Crumbly, and
Alvin Simes were candidates in the Democratic Primary election held on May 23, 2006, for
the Arkansas State Senate District 16. A runoff election between Willis and Crumbly was
held on June 13, 2006, in which Crumbly received seventyeight more votes than Willis and
was certified as the winner. On July 7, 2006, Willis filed a petition in the St. Francis County
Circuit Court against Crumbly, the St. Francis County Election Commission, Frederick
Freeman as Chair of the Election Commission, and Maceo Hawkins and Chris Oswalt, all
in their official capacities as members of the Election Commission (hereafter collectively
referred to as “Crumbly”), to oust Crumbly, or, alternatively, to void the runoff election and
hold a special runoff election.
In the petition, Willis, among other things, challenged the validity of certain votes and
alleged voter fraud on behalf of Crumbly’s supporters during the course of the election. On
motion by Crumbly, the circuit judge dismissed Willis’s complaint, ruling that the office of
state senator is a “state office” and that the case was nonjusticiable because Willis had failed
to join the Secretary of State and the Democratic Party of Arkansas State Committee. Willis
appealed from the order of dismissal, and in Willis v. Crumbly, 368 Ark. 5, __ S.W.3d __
(2006), we reversed and remanded the case and held that the office of state senator is a
district office rather than a state office, that the Secretary of State and the Democratic Party
of Arkansas State Committee were not necessary and indispensable parties, and that venue
was proper in St. Francis County because that was the county where the alleged wrongful
acts occurred.
On remand, the circuit judge set a trial date for December 6, 2006. At the bench trial,
Willis presented a forensic expert, Dawn Reed, who questioned the signatures of forty
voters. He also presented testimony of six instances of double voting and one incident of
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nonresident voting for a total of fortyseven challenged votes. He sought to go forward and
present evidence of irregularities for certain nursing home voters listed in his petition, but
was foreclosed from doing so.
After Willis presented his evidence at the bench trial, Crumbly moved for dismissal,
1
which the circuit judge granted orally from the bench on December 8, 2006. A written order
2
granting the defendants’ motion for dismissal was filed on May 24, 2007. In the order, the
circuit judge ruled that even if taken as true that all of the ballots called into question by
Willis were irregularly cast, and assuming that all of those ballots were cast for Crumbly,
there was still an insufficient number of fraudulent ballots to change the outcome of the
election. The circuit judge dismissed Willis’s complaint with prejudice and ordered the
results of the June 13, 2006, runoff primary to stand as certified.
I. Challenged Ballots
1
Though termed a motion for directed verdict by counsel and the circuit court, because
the trial was a bench trial, the motion was in actuality a motion to dismiss. See Ark. R. Civ.
P. 50(a) (2007). We will refer to the motion as a dismissal motion in this opinion.
2
Willis made repeated attempts to secure a written order from the circuit judge so he
could appeal, but the circuit judge did not respond to his requests for nearly six months.
Willis finally filed a petition for a writ of mandamus with this court to compel the circuit
judge to enter a final order. The circuit judge entered a written order in the interim, and in
a per curiam opinion, this court declared Willis’s petition for writ of mandamus moot. See
Willis v. Crumbly, __ Ark. __, __ S.W.3d __ (June 21, 2007) (per curiam). This court,
however, said it was concerned with the circuit judge’s failure to issue a final order promptly
and respond to Willis’s requests, and a copy of the per curiam opinion was submitted to the
Arkansas Judicial Disability and Discipline Commission for its consideration. See id.
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Willis maintains that the circuit judge abused his discretion by sustaining the
appellees’ objections and by not allowing his testimony and evidence to be introduced
regarding the invalidity of certain ballots, which were primarily absentee ballots involving
nursing home residents. More specifically, he contends that the circuit judge erred in barring
this evidence and in ruling that permitting the evidence would be a substantive amendment
to his complaint made more than twenty days after certification, which is prohibited under
Ark. Code Ann. § 75801(d) (Repl. 2000). He claims that the circuit judge failed to make
the distinction between: (1) an amendment to the pleadings to plead a new cause of action;
and (2) a situation where additional facts are offered to support an existing cause of action.
Willis further insists that the circuit judge erred in holding him to a strictcompliance
standard and in precluding him from presenting evidence of additional facts to prove voter
irregularities. He contends that he alleged a prima facie cause of action by stating in his
petition the number of votes in contention, the total number of votes cast, and the fact that
exclusion of the contested votes would cause a different result. He further insists that he
alleged these facts sufficiently in his petition to give his opponent reasonable notice that
certain ballots were at issue in this case due to statutory irregularities. He was entitled, he
maintains, to introduce evidence supporting these allegations.
Crumbly disagrees and contends that by attempting to introduce evidence of facts not
included in his complaint, Willis was essentially amending his complaint. Crumbly further
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responds that Willis only offered proof that fortynine votes should be impeached and that
the circuit judge excluded evidence as to two of these votes, leaving only fortyseven votes
properly challenged. Crumbly maintains that though Willis proffered two binders of voting
records, which, Willis contends, contain proof of more invalid ballots, he did not argue to
the circuit judge at trial or to this court on appeal which ballots in the binders are invalid or
the reasons why they should be excluded.
We begin by noting that our standard of review regarding evidentiary rulings requires
that a circuit judge be given broad discretion in evidentiary rulings, and this court will not
reverse a circuit judge’s ruling on the admissibility of evidence absent an abuse of discretion.
See McCoy v. Montgomery, ___ Ark. ___, ___ S.W.3d ___ (June 21, 2007).
Election contests are purely statutory, and “a strict observance of statutory
requirements is essential to the exercise of jurisdiction by the court, as it is desirable that
election results have a degree of stability and finality.” TateSmith v. Cupples, 355 Ark. 230,
237, 134 S.W.3d 535, 538 (2003). This court has further explained that “the purpose of
election contests is to aid the democratic processes upon which our system of government
is based by providing a ready remedy whereby compliance with election laws may be
assured to facilitate, not hinder by technical requirements, the quick initiation and disposition
of such contests.” Id. at 237, 134 S.W.3d at 53839.
Our Election Code, at Arkansas Code Annotated § 75801 (Repl. 2000), explains the
procedure for contesting an election, and this court has construed that statute to require that
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an election complaint state a prima facie case and plead sufficient facts to give the defendant
reasonable information as to the grounds of the contest. See, e.g., TateSmith, supra;
Womack v. Foster, 340 Ark. 124, 8 S.W.3d 854 (2000). Furthermore, this court has
explained that “[a]t a minimum, the complaint for affirmative relief must include the number
of votes received by each candidate, so that it appears, after subtracting the alleged invalid
votes, that the claimant has more votes than his opponent.” Womack, 340 at 151, 8 S.W.3d
at 870.
In McCastlain v. Elmore, 340 Ark. 365, 10 S.W.3d 835 (2000), this court explained
that a complaint in an election contest that was deficient when filed may not later be
amended to allege a cause of action properly after the twentyday filing period for the
complaint has expired under § 75801(d). This court specifically said that “where a
complaint fails to allege sufficient facts to state a cause of action in an election contest, it
may not be subsequently amended by pointing to facts outside the complaint after the time
for contesting the election has expired.” McCastlain, 340 Ark. at 369, 10 S.W.3d at 837
(emphasis in original).
Our McCastlain language makes it clear that a complaint may not be amended to state
a new cause of action after the twentyday period has expired. Once a deficient complaint
has been filed, to allow the plaintiff to amend the complaint to properly state a cause of
action would in effect be allowing the plaintiff to state a cause of action for the first time
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after the expiration of the twentyday time limit. See King v. Whitfield, 339 Ark. 176, 5
S.W.3d 21 (1999) (Glaze, J., concurring).
This reasoning, however, does not apply when the original complaint sufficiently
stated a cause of action when filed, and a new cause of action is not later being alleged. In
Ptak v. Jameson, 215 Ark. 292, 295, 220 S.W.2d 592, 59394 (1949), this court said:
We have held that in an election contest the contestant cannot, after the
expiration of the time for filing the contest, amend his complaint so as to set
up a new cause of action, but that he may amend his complaint to make it more
definite and certain as to any charge in the original complaint, and that the
refusal to allow contestant to file an amendment setting up a new ground of
contest was proper when the time for filing an amendment had expired.
See also Winton v. Irby, 189 Ark. 906, 909, 75 S.W.2d 656, 657 (1934) (quoting Robinson
v. Knowlton, 183 Ark. 1127, 1133, 40 S.W.2d 450, 452 (1931)) (An election contestant may,
“even after the time has expired, amend his complaint by making it more definite and certain
as to any charge in his original complaint, and, if a motion to make it more specific is filed,
it would be his duty to make the amendment.”).
We turn then to Willis’s Petition to DeCertify the Election Results. Willis alleges
that he lost to Crumbly by seventyeight votes (4721 for Crumbly and 4643 for Willis) and
that he would have won the election but for the fraudulent votes cast for Crumbly. His
petition is eleven pages in length and contains an Exhibit A, which is ten pages in length and
contains 265 voter names and addresses. To the side of each name and address in Exhibit
A are four reasons for challenging the votes – Signature, No Signature in the book,
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Miscellaneous Other, and Double Voting. Exhibit A also notes that 173 ballots were not
found.
The body of the Willis petition states the following regarding Miscellaneous Other
voter irregularities, as well as other deficiencies in the voting process:
B.
At least one nursing home resident “voted” on the signature of
his wife – he having been in a nursing home, and incompetent. The
procedures required by ACA § 75403(b) were not followed, and as a result,
his vote was counted for Crumbly. The votes of other nursing home residents
who purportedly voted by absentee were counted, despite the fact that
mandatory statutory procedures governing absentee ballots were not observed.
See all voters listed in Exhibit “A” column marked “miscellaneous other” and
ACA § 75411.
C.
The clerk failed to mail out approximately 60 absentee ballots
that had been requested by absentee voters.
D.
She automatically sent out absentee ballots that had not been
3
requested, merely because she had sent them out in the past.
E.
She or her employees routinely allowed bearers of absentee
ballots to take absentee ballots from her office without signing for them in the
“bearer book.” (This violates ACA § 75409[a]).
F.
She or her employees routinely allowed bearers of absentee
ballots to take more than two (2) absentee ballots from her office, in violation
4
of law.
3
“Plaintiff does not refer here to absentee ballots automatically sent out to voters who
had requested absentee ballots in the primary election three weeks before; he is referring to
absentee ballots requested more than one year prior to this election.” Appellant’s Petition
to DeCertify, p. 4, n. 4.
4
“ACA § 75409(f)” Appellant’s Petition to DeCertify, p. 4, n. 5.
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G. During the early voting process, she did not insist that voters show
picture identification to poll workers, thus allowing impersonators to vote in
the runoff election.
H.
During the voter registration process, she allowed voters to list
more than one residence, which allowed them to vote twice in this election.
I.
She allowed former residents of St. Francis County who have
moved outside the county, or outside the state to vote, without any affirmative
effort being made to determine whether they were also voting in the state or
county of their new residence. This allowed nonresidents in this election to
vote improperly. (See Exhibit “A,” “Misc other”)
Section 75411, which is specifically referenced in the quoted language from Willis’s
petition, sets the mandatory requirements for absentee ballots, including absentee voting
methods for voters in longterm care and residentialcare facilities and voters who are
physically disabled. Section 75409(f), which is also referenced in Willis’s petition,
describes the procedure for absentee voting, including the procedure for designated bearers.
There are more than one hundred voters named with addresses that are challenged under the
category of Miscellaneous Other in Exhibit A in addition to the fortyseven ballots
challenged at the hearing for signature irregularities and double voting. Willis, therefore, has
given names, addresses, a statutory reference for the challenge, and pointed specifically to
procedural defects surrounding absentee votes by nursing home residents and others. In
doing so, Willis not only alleged a valid cause of action in his petition, but he set out a prima
facie case with sufficient facts to give the defendants reasonable information as to the
grounds of the contest. See TateSmith, supra. In addition, he proffered absentee
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applications and voter statements in binders purport to show why and how the ballots were
illegal.
The following colloquy at trial, however, illustrates the circuit judge’s faulty
understanding about amending the petition as opposed to providing proof to make allegations
more definite and certain:
THE COURT: It’s not complicated to me. Show it to me in the
complaint. If it’s there, you can put it on. If it is not there, the objection is
sustained.
MR. EASLEY (Counsel for Willis): I understand, your Honor, may I
proceed.
THE COURT: You may proceed.
BY MR. EASLEY, continuing:
Q
Tell me where we are.
A
We are on number 15.
Q
16?
A
Are we through with Earnestine Barksdale?
Q
I don’t know. Let’s see.
A
Number 15. We have two bearers.
MR. LONG (Counsel for Election Commssion): Judge, that was my
objection.
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THE COURT: Sustained unless it’s in the complaint.
MR. EASLEY: It’s not. Yes, your Honor, we have miscellaneous
other.
MR. LONG: Judge, miscellaneous other doesn’t get it. Miscellaneous
other refers back to allegations made in his complaint. There is no allegation
in his complaint that a vote is invalid because there was a bearer out and the
bearer in. Miscellaneous other, if he’s just going to grab that
THE COURT: Gentlemen, it’s not complicated to me. If the Supreme
Court wants to change the law that allows a person to make a general
allegation in a trial and describe this miscellaneous other act, however they
want to describe it, that’s up to them to do. I don’t believe that’s the law. The
objection is sustained.
Willis was then precluded from presenting testimony from other voters in the Miscellaneous
Other category, even while his petition expressly stated that these were absentee voters in
nursing homes whose votes did not comply with procedures required under § 75411 or
5
other deficiencies under § 75409. The circuit judge later dismissed Willis’s petition on
the basis that Willis was attempting to amend his petition at trial.
5
Willis proffered into evidence two binders, which include actual voting documents
for the 265 challenged votes which, he contends, support his claims regarding the
Miscellaneous Other category for nursing home voters and other absentee ballots.
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We conclude, first, that the circuit judge abused his discretion in ruling that Willis
was attempting to amend his complaint with a new cause of action by offering proof of
absenteeballot irregularities under the Miscellaneous Other category. We hold that Willis
was perfectly within his rights to make his allegations of absenteeballot irregularities for
nursing home residents, in particular, more definite and certain by offering proof of those
violations. See Ptak v. Jameson, supra.
In his appeal, Willis does not ask that this court declare him to be the winner of the
runoff election or that the election be voided as unfair. That would be premature at this
juncture. He merely seeks the opportunity to present his proof in support of the prima facie
case alleged in his petition. Our holding allows him to do this.
II. Amendment 81
Willis also claims that the circuit judge erred in granting a dismissal in favor of
Crumbly in part because he could not prove for which candidate the challenged voters voted.
Willis maintains that Amendment 81 to the Arkansas Constitution mandates the secrecy of
individual votes and makes it impossible to determine for whom each voter voted. He
contends that though he warned the circuit judge that Amendment 81 had changed the law,
6
the circuit judge relied on case law decided prior to the adoption of Amendment 81.
6
Amendment 81 was adopted at the November 2002 general election.
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Crumbly responds that Amendment 81 has no relevance to this case. He argues that
there are two types of election contests – one in which the losing candidate contests the
results of the election and seeks to oust and replace the winning candidate, and one in which
the losing candidate contests the election in general and seeks to have the election declared
void altogether. He contends that only in the first type of election contest where the losing
candidate seeks to replace the winner does it matter how the challenged voters voted and that
this case is of the second type of election contest. Crumbly insists that in this case, the
circuit judge merely stated that Willis had failed to submit proof of how each challenged
voter voted to emphasize the point that Willis failed to submit sufficient proof to prevail in
either type of election contest.
Under Amendment 50, § 3 to the Arkansas Constitution, which has since been
repealed, ballots were numbered, and those numbers were recorded by election officers when
the ballots were presented in an election so that the specific vote of each voter could be
traced in the event of an election contest. Amendment 81 repealed Amendment 50, § 3 in
2002, thereby ensuring the secrecy of individual votes. Following the adoption of
Amendment 81, it became impossible to determine for whom a voter in an election voted by
simply tracing the ballots by their numbers. As a result, a plaintiff in an election contest,
though he or she is required to allege that the invalid ballots were cast for his or her
opponent, is no longer able to prove at trial for whom the invalid ballots were actually cast
under the old tracing system.
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In the instant case, we hold that the circuit judge erred to the extent that he based his
decision to grant Crumbly’s motion for a dismissal on the failure of Willis to prove
specifically how each challenged voter voted. From the record, it appears that the circuit
judge did take Willis’s failure in this regard into consideration. For example, during Willis’s
case, Crumbly objected and argued that Willis was attempting to amend his complaint by
presenting evidence of facts not stated in the complaint. In sustaining Crumbly’s objection,
the circuit judge said:
[T]he court believes that this McCastlain v. Elmore [340 Ark. 365, 10 S.W.3d
835 (2000)] is very, very important in this case. It says Arkansas law does not
allow an election contest complaint that was deficient when it is filed, i.e. let
me be sufficient, name me the voters, show me the invalid ballots, show me
they voted for the other candidate, and show me that there is a total sufficient
number to change the outcome of the election.
(Emphasis added.)
Crumbly’s counsel argued, in addition, during his motion for dismissal that “there has
been no proof as to how any of these people voted.” Finally, the circuit judge, in his written
order granting the Crumbly’s motion for dismissal, stated:
The plaintiff did not put on any proof indicating how the alleged irregular
ballots were tallied or for whom the ballots were cast in the Senate District 16
race. Even if the Court were to agree with the plaintiff that all of the ballots
called into question by the plaintiff were irregularly cast, and even if the Court
assumed that each one of those ballots were cas[t] for the defendant, Jack
Crumbly, there still would not be sufficient irregular ballots cast to change the
outcome of the election.
(Emphasis added.)
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The circuit judge clearly looked to old case law, which predated Amendment 81, and
required proof of how the challenged voters voted. Without question, Willis should not have
been required to present tracing evidence of how each challenged voter voted when he was
foreclosed from doing so by Amendment 81.
III. Ballot Illegality
We turn then to the question of how to prove ballot ineligibility. In Womack, supra,
this court rejected Womack’s argument that ballots should not be invalidated simply because
voters violated our election laws by not indicating a reason for voting absentee on the
electionballot applications. In recognizing that there must be strict compliance with
statutory provisions regarding the application for and casting of absentee ballots, we noted
that the absenteeballot applications form provided to each voter was clear and accurate, and
nothing on the form prevented a voter from knowing what information was being requested,
or from properly inserting the requested information on the form. Id. In short, we concluded
that where it can be determined that the ballots are illegal on their face, the votes must be
invalidated. Id.
Adhering to the rational in Womack, Willis, as already stated, attached to his petition
as Exhibit A a list of 265 voters, and he set out categories of alleged irregularities, including
(1) signature problems, (2) no signature in book, (3) miscellaneous other, and (4) double
votes. Willis also proffered two binders that contained 265 names, which identified the voter
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by name in an effort to establish how and why the ballots were alleged to be illegal. Both
the attachment to the petition and the binders are self explanatory.
But there is also the question of how to prove for which candidate the illegal votes
were cast. Because Amendment 81 of the Arkansas Constitution repealed Amendment 50,
§ 3 to ensure the secrecy of individual votes, it may appear to the appellees to be impossible
to determine for whom a voter cast his or her ballot as is required by § 75801 et seq. and
Arkansas’s longstanding precedent regarding election contests to purge illegal and fraudulent
ballots. By approving Amendment 81, the people of Arkansas intended to secure the voter’s
right to a secret ballot by doing away with the tracing method provided under Amendment
50. And yet, there is nothing in Amendment 81 to protect the secrecy of the ballot for a
person who casts an illegal or fraudulent ballot.
Other states have addressed this precise issue. In Kiehne v. Atwood, 604 P.2d 123,
127 (1979), the New Mexico Supreme Court explained:
[I]n the case of illegal voters[,] [i]t is universally recognized that the right to
examine the voters in such a case is in affirmance and vindication of the
essential principle of the elective system, that the will of the majority of the
qualified voters shall determine the right to an elective office, and that the
testimony of the voter, after it has been shown that he voted illegally, is
competent, and should be received by the court or jury for what it is worth.
(Citation omitted.) The law protecting the secrecy of the ballot is intended to
apply only to lawful voters, and does not ordinarily apply to or protect illegal
voters, who can be required to testify as to how they voted at an election.
. . . .
Were the courts to close their doors to the reception of evidence as to how an
illegal voter has voted, it would tend to promote fraud and encourage
corruption. (Citation omitted.)
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7
(citing Montoya v. Ortiz, 715 P. 335, 33738 (1918)). In Appeal of Harper, 456 S.E.2d 878,
880 (1995), the North Carolina Court of Appeals further reiterated this point, noting:
In Boyer v. Teague, 106 N.C. 576, 625, 11 S.E. 665, 679 (1890), our Supreme
Court established that “[a]s between contestants for office . . . the testimony
of the elector [i.e., the voter], if pertinent and relevant, is always admissible.”
In fact, the Court held, while an honest voter may not be compelled to disclose
for whom he voted, as such compulsion would intrude upon the sanctity of the
secret ballot system, an illegal voter may be so compelled, save an invoking
of his right against selfincrimination. Id.
See also 29 C.J.S. Elections § 480 (2007); 26 AM. JUR. 2D Elections § 426 (2007).
In short, while Amendment 81 protects the secrecy of ballots, its intent is to protect
an honest voter, not an illegal one. As a result, this court is convinced that in election
contests, where there is evidence of an illegal ballot, the person who illegally voted can be
forced to testify as to whom they voted, and such is permissible under Amendment 81. We
reverse and remand this case for further proceedings in accordance with this opinion.
There are two other matters pending before this court in connection with this appeal.
The first is Willis’s motion for appointment of a special judge in the event of reversal and
7
As the New Mexico Supreme Court noted in Kiehne v. Atwood, supra, the case law
of other states is overwhelming in holding that, although legal voters may not be compelled
to disclose how they voted, illegal voters do not enjoy this same privilege. See Sims v.
Atwell, 556 S.W.2d 929 (Ky. App. 1977); Singletary v. Kelly, 242 Cal. App. 2d 611 (1966);
Oliphint v. Christy, 299 S.W.2d 933 (1957); Wehrung v. Ideal School District No. 10, 78
N.W.2d 68 (N.D. 1956); J.T.W., Annotation, Privilege or Exemption of Voter Against
Testifying as to Candidate for Whom He Cast His Vote, or as to His Vote on Submitted
Questions, 90 A.L.R. 1362 (1934).
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remand. We deny that motion. The second matter is also a motion by Willis to disqualify
counsel for the Election Commission. That motion is also denied.
Reversed and remanded. Motion for Appointment of Special Judge and Motion to
Disqualify Counsel for the Election Commission are denied.
GLAZE, J., concurs.
TOM GLAZE, Justice, concurring. Although this case has been a long time getting here,
this court has shown its will to decide this electioncontest case on its merits rather than
dismissing it on the questionable procedural issues offered by the appellees, Crumbly and
the St. Francis County Election Commission. The winners are the voters of Arkansas,
because they now can be assured that, in future elections, illegal and fraudulent votes can be
purged from election results that are proved to be questionable. Today’s decision sets out
a clear “road map” by which the integrity of our election system can be assured.
While I fully agree with the court’s opinion, I do not agree that the circuit judge
should sit on this case on remand.
For whatever reasons, the Judge failed to expedite this election case even though he
was required to do so by law, and was asked to do so repeatedly by Willis’s counsel. It has
taken about seven months to reach this stage of the election contest, and the case still must
be remanded for further proceedings with no assurance anything different will occur to get
this matter resolved. Even though the Judge had this matter pending for the sevenmonth
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period, he omitted it from his quarterly report which is required by this court’s
Administrative Order No. 3. This court should promptly assign a special judge who has the
8
time and “grit” to bring this case to an end.
8
Willis also requests that the prosecuting attorney, representing the St. Francis County
Election Commission, should be disqualified because of a conflict of interest. If that is a real issue,
a newly assigned special judge can handle it with dispatch.
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