A few of the books in the young adult section of the Ozark-Dale County Library Wednesday, Aug. 30, 2023 in Ozark, Ala. (Alabama Reflector Photo by Stew Milne)
Garland County Judge Darryl Mahoney on Friday ordered that a proposal to reduce the property tax funding the local library not be placed on the November ballot because the petition is deficient.
In his three-page order , Mahoney declared the petition deficient because “it does not accurately state the qualifying language” required by Amendment 38 to the Arkansas Constitution.
“The Petition does not set forth the material, qualifying condition that the signatories must be taxpaying electors, rather than merely registered voters,” Mahoney wrote. “The Court finds the Petition language to be misleading and deficient for the purposes of Amendment 38.”
George Pritchett, a supporter of the measure, told the Advocate Friday afternoon that he’s consulting with legal counsel and exploring next steps. Pritchett argued that the ballot measure met the requirements for a proposed constitutional amendment, but the requirements for initiatives and referendums are being applied.
“We’re disappointed; however, we met and exceeded the constitutional requirements to put it on the ballot…several counties in the state of Arkansas have done this,” Pritchett said. “No other county has been scrutinized in this way or denied the right to go onto the ballot.”
Arkansans urge Garland County officials to keep library tax cut measure off November ballot
Prichett said the Garland County measure was based on similar proposals, including one in Craighead County where voters in 2022 narrowly approved a measure to cut the county libraries’ funding in half. The library system reduced its hours and made staff cuts to adjust to the budget cuts as a result.
Amendment 38 requires at least 100 people to support any changes to a property tax that funds a local library to submit the petition at least 30 days before the election in which they want the matter on the ballot. Supporters of the measure submitted 131 signatures to County Clerk Sarah Smith’s office on Aug. 2.
Leslie Kauffman, Smith’s chief deputy clerk, said 110 signatures were from registered voters in the county and 101 of those voters were taxpayers. The signatures deemed invalid were from citizens who either were not registered voters or were registered at a different address than the one they wrote on the petition, she said.
In Friday’s order, Mahoney cited other issues, including that petitions did not contain an attorney’s certification and that one page didn’t include the printed name of the canvasser, both of which are required by state law.
Additionally, he said supplemental petitions submitted on Sept. 3 are deficient because they do not include the ballot language or form required by Amendment 38.
Little Rock attorney John Adams, representing library executive director Adam Webb, made similar arguments during a public hearing Wednesday . Many of the 20 speakers at the meeting said the ballot language would confuse people into voting for the measure even if they do not actually support cutting funding for the library.
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