Kimbrell v. Thurston (Majority, with Concurring and Dissenting)
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The Supreme Court dismissed the appeal in this election dispute, holding that because the election at issue had already occurred, the case was moot.
In this action, Appellant, a qualified voter, challenged the ballot title of two proposed constitutional amendments referred by the General Assembly to the voters of the State of Arkansas for the November 3, 2020 general election. On October 26, 2020, the circuit court granted Appellee's motion to dismiss with prejudice. The next day, Appellant filed his notice of appeal, asserting that the circuit court erred in declining to overrule Becker v. Riviere, 641 S.W.2d 2 (Ark. 1982), and its progeny. The Supreme Court dismissed the appeal, holding that the case was moot and that none of the exceptions to mootness applied.
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