An abortion rights group is suing Secretary of State John Thurston over a recent decision to toss out signatures gathered in support of loosening the state's strict abortion laws. They plan to take the case to the state supreme court. Arkansans For Limited Government put forward an amendment that, if approved by voters, would have legalized abortion in Arkansas up to the 18th week of pregnancy. The group collected over 101 thousand signatures, exceeding the baseline of 90 thousand. 14 thousand were collected by paid canvassers.
Secretary of State John Thurston threw out the signatures over a technicality several days later, saying the group broke Arkansas’ strict laws about paid canvassers when submitting paperwork.
Thurston said he was missing two documents. In a letter sent to the group on July 10th, he said he was missing a list of paid canvassers names and evidence they had read the handbook. He later said the group had turned in the paperwork too early.
Arkansas for Limited Government disputes Thurston's allegations.
“The Secretary’s rejection of petitioners’ submission was incorrect and unlawful,” the suit said.
The lawsuit is brought by Lauren Cowles, executive director of AFLG. She says the group sent the right paperwork to the Secretary of State. The suit says the Secretary of State was sent the list of paid canvassers names 17 times throughout the signature collection process. They said Thurston’s office did not communicate with them about these specific documents being needed.
“Before the filing,” the suit says. “AFLG had asked the Secretary’s office exactly what it would need to sign and submit to the Secretary on the day of filing. In response, the Secretary’s office sent AFLG one attachment, the Receipt for Initiative or Referendum Petition, but did not include any other documents.”
The civil complaint says they did submit some documents on June 27th, before July 5th, the day the signatures were due. They say they later turned in the correct paperwork on the 5th of July. On that Friday, the signatures and some accompanying documents were brought to Thurston's office to be examined and counted. The Secretary of State’s office notarized the list of canvasser names and signed cards on July 5th. These signed cards required paid canvassers to affirm that the had read the handbook.
AFLG admit they turned in the cards earlier than July 5th, but said there is nothing in the law saying that is illegal or that July 5th is the only day these materials can be turned in.
Thurston says they need to be submitted by a sponsor. AFLG says they were submitted by Allison Clark who was working on behalf of the group.
AFLG argued that even if they made an error the signatures should not be disqualified. The alleged rule violation would have only disqualified 14 thousand signatures leaving over 90 thousand signatures still uncounted. They say they should be given a 30 day cure period to collect more signatures. This is called a “cure period” under Arkansas law. Ballot amendment groups are allowed to collect extra signatures if they meet a certain threshold.
They are asking for a court to mandate the counting of the signatures.
"We're angry and defiant," Sam Watson, a member of the group told Little Rock Public Radio. He said the group does not regret any of their decisions throughout the process because the do not believe they did anything wrong.
Thurston is standing by his decision to throw out the signatures.
Meanwhile, a second lawsuit was filed by Oscar Stilley, a citizen of Cedarville, Arkansas. Stilley is a disbarred lawyer who was convicted of federal tax evasion in 2009 and sentenced to 15 years in prison. He later served part of the term in home confinement. He made headlines in 2021 after he sued a doctor who performed an illegal abortion under a Texas state law that allows anyone to sue an abortion provider, even if they don’t live in the state.
Copyright 2024 KUAR
