Arkansas United et al v. Thurston et al, No. 5:2020cv05193 - Document 180 (W.D. Ark. 2022)
Court Description: AMENDED JUDGMENT re 179 AMENDED MEMORANDUM OPINION AND ORDER. Signed by Honorable Timothy L. Brooks on September 7, 2022. (bjb)
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Arkansas United et al v. Thurston et al Doc. 180 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION ARKANSAS UNITED and L. MIREYA REITH V. PLAINTIFFS CASE NO. 5:20-CV-5193 JOHN THURSTON, in his official capacity as the Secretary of State of Arkansas; SHARON BROOKS, BILENDA HARRIS-RITTER, WILLIAM LUTHER, CHARLES ROBERTS, JAMES SHARP, and J. HARMON SMITH, in their official capacities as members of the Arkansas State Board of Election Commissioners; RENEE OELSCHLAEGER, BILL ACKERMAN, MAX DEITCHLER, and JENNIFER PRICE, in their official capacities as members of the Washington County Election Commission; RUSSELL ANZALONE, ROBBYN TUMEY, and HARLAN STEE, in their official capacities as members of the Benton County Election Commission; DAVID DAMRON, LUIS ANDRADE, and LEE WEBB, in their official capacities as members of the Sebastian County Election Commission; and MEGHAN HASSLER, in her official capacity as Election Coordinator for the Sebastian County Election Commission DEFENDANTS AMENDED1 JUDGMENT For the reasons set forth in the Court’s Memorandum Opinion and Order filed today, IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS: 1. The six-voter limit at § 7-5-310(b)(4)(B) of the Arkansas Code is DECLARED to be preempted by § 208 of the VRA. Sections 7-1-103(a)(19)(C) and 7-1-103(b)(1) of the Arkansas Code are also DECLARED to be preempted by § 208 to the extent they are used to enforce criminal penalties for violations of § 7-5-310(b)(4)(B). The Court has amended this Judgment for the reasons stated in the Court’s order issued on September 7, 2022, granting the State Defendants’ Motion to Clarify. 1 1 Dockets.Justia.com 2. The Court hereby PERMANENTLY ENJOINS all Defendants, their employees, agents, and successors in office, and all persons acting in concert with them, from enforcing § 7-5-310(b)(4)(B), or otherwise engaging in any practice that limits the right secured by § 208 of the Voting Rights Act based on the number of voters any individual has assisted, and from enforcing §§ 7-1-103(a)(19)(C) and 7-1-103(b)(1) to the extent they are used to enforce criminal penalties for violations of § 7-5310(b)(4)(B). 3. The State and County Defendants are ORDERED to inform their staff to cease enforcement of § 7-5-310(b)(4)(B) in advance of the 2022 General Election, and the members of the State Board of Election Commissioners are FURTHER ORDERED to send a memorandum to all county election boards in Arkansas setting forth the Court’s rulings, including that the six-voter limit has been declared invalid under federal law, no later than September 16, 2022. Any Defendant that intends to use the Assisted Voter Card or equivalent document to track voter assistors in future elections is ORDERED to remove from that document any reference to the six-voter limit at § 7-5-310(b)(4)(B). In all future elections after the 2022 General Election, Defendants are ORDERED to update all trainings, manuals, websites, and any materials given to voters or voter assistors to remove any reference to the six-voter limit at § 7-5-310(b)(4)(B).Plaintiffs have 14 days from today to file a motion for attorneys’ fees. IT IS SO ORDERED on this 7th day of September, 2022. ______________________________ TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE 2
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