Arkansans for Healthy Eyes v. Thurston (Majority, with Dissenting)
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The Supreme Court granted in part and dismissed in part an original action brought by Petitioners challenging the sufficiency of a state-wide petition to refer Act 579 of 2019 to the people of Arkansas on the November 3, 2020 general election ballot, holding that the petition was insufficient because it did not comply with Ark. Code Ann. 7-9-601(b)(3).
Act 579 expanded the scope of the practice of optometry in Arkansas to permit licensed optometrists to perform certain procedures. Safe Surgery Arkansas (SSA), a ballot-question committee, filed with the Secretary its petition containing more than 84,000 signatures. The Secretary certified that the petition met constitutional signature requirements. Thereafter, Petitioners filed the instant original action alleging four counts regarding the insufficiency of the petition. The special master found that SSA lacked sufficient valid signatures to qualify the petition for the ballot. The Supreme Court granted in part and dismissed as moot in part the petition, holding (1) SSA's petition was insufficient because it failed to certify that its paid canvassers had passed criminal background checks; and (2) the remaining challenges to the petition were moot.
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