Martin v. Kohls (Majority, with Concurring)Annotate this Case
After the General Assembly passed Act 595 of 2013, Appellees, registered voters in Pulaski County, filed a complaint for injunctive and declaratory relief, arguing that sections of the Act that allegedly placed an additional qualification and impairment on Arkansas residents before they could exercise their right to vote violated the Arkansas Constitution. The circuit court concluded that Act 595 was unconstitutional, enjoined and restrained Appellants, the Secretary of State and the Commissioners of the State Board of Election Commissioners, from enforcing any proof-of-identity provisions of the Act and from enforcing their rules promulgated as a result of the Act, and granted a preliminary injunction against Appellants from enforcing Act 595’s proof-of-identity requirements in favor of Appellants. The Supreme Court affirmed the circuit court’s ruling that Act 595 was unconstitutional on its face, holding that the Act’s requiring proof of identity was unconstitutional on its face and imposed a requirement that fell outside the ambit of Ark. Const. art. III, 1.