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Главная » 2015 » Февраль » 26 » ekscj ghrat for 95% xpdtar5
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The recent decision by the Arkansas Supreme Court to allow the Arkansas Alcoholic Beverage Amendment on the Nov. 4 general election ballot settled the question of petition filing deadlines in favor of Secretary of State Mark Martin, but left the broader issue of ballot title consequences versus clarity up to the voters. Little Rock attorney Elizabeth Robben Murray, of the Friday, Eldredge and Clark firm, filed the original complaint in behalf of Brian Richardson and Mary Dillard, individually, and Citizens for Local Rights. Richardson and Dillard are officers of Citizens for Local Rights, formerly known as Let Local Communities Decide for Themselves. Linda Bowlin, an attorney and partner in the firm of Riffel and Bowlin, P.A., specializing in DUI defense practice; and, J. Ross Jones, a Batesville photographer, are represented as intervenors in behalf of Let Arkansas Decide in filings by Little Rock attorney David Couch. Arkansas Secretary of State Mark Martin was sued under Murray's original complaint, and is represented by SOS General Counsel Martha Adcock. The court's decision by Associate Justice Karen R. Baker was straightforward on the question of the filing deadline under which Martin was authorized to accept petition signatures from LAD, noting that state statutes enacted to facilitate the operation of Amendment 7, as defined in Amendment 51, were sufficient to authorize the delay of the petition filing deadline to July 7 because of the July 4 state holiday. From our review, it is clear that the election deadline at issue occurred on a legal holiday, July 4, 2014, Baker wrote. Therefore, the election law deadline must be the next day which is not a Saturday, Sunday, or legal holiday. Here, the deadline was July 7, 2014. To compute otherwise would restrict Bowlin's rights which is prohibited by our Constitution. The Court took a buyer beware attitude toward the clarity and consequences of the AABA ballot title language, noting that the Court has never required a complete synopsis of the elements or impact of any particular ballot title. It is sufficient for the title to be complete enough to convey an intelligible idea of the scope and import of the proposed law, Baker wrote. We have recognized the impossibility of preparing a ballot title that would suit every one. Page 2 of 2 - And, while recognizing that the ballot title must be free from any misleading tendency, whether of amplification, of omission, or of fallacy, and it must not be tinged with partisan coloring, Baker said the Court could not construe the ballot title to fail that test because it did not answer questions regarding alcohol being sold near churches or schools. This court has held that it is not necessary that a ballot title include every possible consequence or impact of a proposed measure, she wrote. Baker said the Court was also not asked the question of making a distinction between regulations and prohibitions as applied to the proposed amendment despite Murray's argument that its language was loose with such a distinction and the state's subsequent ability to keep alcohol away from schools and churches as a result. Finally we note that the parties take issue with whether the existing laws regarding the distance liquor may be sold from schools and churches are 'regulations' or 'prohibitions' because the amendment will allow the General Assembly to regulate but not prohibit, Baker wrote. We need not address this argument because it does not address the sufficiency of the title of the ballot before us: rather, it is directed at the implementation. Baker wrote that the voters must decide for themselves. We conclude that while inside the voting booth, the votes will be able to reach an intelligent and informed decision for or against 'The Arkansas Alcoholic Beverage Amendment' and understand the consequences of his or her vote based on the ballot title. The Court issued its mandate for effect immediately with its decision Oct. 16 and refused any petition for rehearing the matter. The lawsuit had been given a fast track by the Court because of the pending Nov. 4 general election. <a href=http://www.hollisterclothing.name/>hollister</a> The Savages pulled to within 10 points before the Pirates moved ahead by 14 points, 62-48, at the end of the quarter.
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