State Bd. of Election Comm'rs v. Pulaski County Election Comm’n (Majority, with Dissenting)Annotate this Case
The Pulaski County Election Commission (PCEC) filed a petition for declaratory judgment in the circuit court challenging the constitutionality of certain emergency rules promulgated by the Arkansas State Board of Election Commissioners (ASBEC) relating to absentee voters. The circuit court declared (1) the emergency rules were derivative of Act 595 of 2013, which amended the Arkansas election code to require that voters provide proof of identity when voting; (2) the Act was unconstitutional; and (3) the emergency rules were also unconstitutional. The Supreme Court affirmed in part and vacated in part, holding (1) the circuit court correctly ruled that the rules relating to absentee voters promulgated by the ASBEC were unconstitutional; but (2) the circuit court erred in declaring the Act unconstitutional, as that issue was not pled or developed before the court.