Cite as 2020 Ark. 262 SUPREME COURT OF ARKANSAS No. CV-20-454

Opinion Delivered: July 24, 2020 BONNIE MILLER, INDIVIDUALLY AND ON BEHALF OF ARKANSAS VOTERS FIRST AND OPEN AN ORIGINAL ACTION PRIMARIES ARKANSAS, BALLOT QUESTION COMMITTEES PETITIONERS

V.

JOHN THURSTON, IN HIS CAPACITY AS ARKANSAS SECRETARY OF STATE RESPONDENT MOTION TO EXPEDITE AND FOR ARKANSANS FOR PRELIMINARY INJUNCTION TRANSPARENCY, A BALLOT GRANTED; MOTION TO QUESTION COMMITTEE, AND INTERVENE GRANTED; SPECIAL JONELLE FULMER, INDIVIDUALLY MASTER APPOINTED; BRIEFING AND ON BEHALF OF ARKANSANS SCHEDULE SET. FOR TRANSPARENCY INTERVENORS

PER CURIAM

At issue in this original action are two statewide initiative petitions proposing

amendments to the Arkansas Constitution. On July 17 and July 21, 2020, petitioners

Bonnie Miller, individually and on behalf of Arkansas Voters First and Open Primaries

Arkansas, ballot question committees, filed their consolidated original petition and amended

consolidated original-action petition. Petitioners challenge respondent’s decisions declaring

their initiative petitions insufficient to qualify for the November 3, 2020 general election ballot. Pending is petitioners’ motion to expedite and for preliminary injunction. Also

pending is a motion to intervene filed by Arkansans for Transparency, a ballot question

committee, and Jonelle Fulmer, individually and on behalf of Arkansans for Transparency.

We grant the motion to intervene.

We grant expedited consideration and appoint the Honorable John Fogleman as

special master to resolve the factual disputes raised in the amended petition. The response

to the amended consolidated original-action petition is due July 27, 2020. The special

master’s report shall be filed no later than August 3, 2020. The briefing schedule is set as

follows: petitioners’ brief due August 5, 2020; respondent’s and intervenors’ briefs due

August 7, 2020; and reply brief due August 10, 2020.

The motion for temporary injunctive relief is granted as follows. Respondent is

directed to continue facial review of the petition regarding redistricting submitted by

Arkansas Voters First and to begin verifying signatures on both initiative petitions.

Petitioners are granted a thirty-day cure period to commence on the date of this order.1

This court has routinely required parties to post a bond in original actions brought

under amendment 7 when a master is appointed. See Lange v. Martin, 2016 Ark. 302 (per

curiam). Respondent is not subject to the payment of costs because of sovereign immunity.

See id. Therefore, petitioners and intervenors are directed to file a bond to be approved by

our clerk in the amount of $5,000 to secure payment of costs adjudged against them in

taking and transcribing proof, including the master’s fee.

1 This cure period is provisional, and counting the signatures collected during the cure period depends on whether the petitioners are ultimately determined to be entitled to a cure period.

2 It is so ordered.

WOOD, J., not participating in the motion to intervene.

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