Roberson v. Phillips County Election Comm'n (Majority, with Concurring and Dissenting)
Annotate this CasePrior to March 2014, Appellant filed for re-election as a candidate for Justice of the Peace and subsequently filed for re-election as a candidate for the office of Helena-West Helena City Treasurer. Appellee filed a petition for writ of mandamus and for declaratory judgment seeking to remove Appellant’s name from the ballot, arguing that Appellant’s actions violated Ark. Code Ann. 7-5-111, which states that a person shall not run for election for more than one state, county, or municipal office if the elections are to be held on the same date. Thereafter, Appellant filed a motion to withdraw from the Justice of the Peace election. The circuit court denied Appellant’s motion and disqualified Appellant from the city-treasurer position. The Supreme Court affirmed in part and dismissed in part, holding (1) the circuit court properly interpreted section 7-5-111 and disqualified Appellant from the city-treasurer race; (2) the circuit court did not err by denying Appellant’s motion to dismiss; and (3) Appellant’s argument that the circuit court erred in denying his request for alternative relief to withdraw from the Justice of the Peace ballot was moot.
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