Arkansas group sues secretary of state over abortion amendment rejection

The group leading the effort to put an abortion amendment up to voters filed suit against Arkansas Secretary of State John Thurston in the state supreme court Tuesday.

Why it matters: Arkansans for Limited Government's (AFLG) lawsuit asks the state supreme court to vacate Thurston's decision to disqualify the petition and to resume counting the submitted signatures.

• The 101,000 signatures gathered would be enough for the amendment to make it on the November ballot if Thurston had certified them.

Catch up quick: Volunteers and paid canvassers gathered signatures from more than 50 of the state's 75 counties before submitting the petition to Thurston's office on July 5. He rejected them July 10 claiming AFLG lacked proper paperwork regarding paid canvassers.

• The following day, AFLG said Thurston had "failed to fulfill" his duty and "unlawfully rejected the petition." The group requested a reversal of his opinion by Monday, July 15.
• Thurston responded in a letter on Monday saying his position remained unchanged.

The big picture: In 2022 the U.S. Supreme Court overturned Roe v. Wade, which triggered a law in Arkansas that banned the practice except to save the pregnant person's life, treat an ectopic pregnancy or remove a dead fetus.

• The proposed amendment would allow abortion through the first 18 weeks of pregnancy, and also in cases of rape, incest, fatal fetal anomaly or to save the pregnant person's life.

What they're saying: "The secretary's unlawful rejection of petitioners' submission prevents the people of Arkansas from exercising their right to adopt, or reject, the amendment," the lawsuit reads.

• "This court should correct the secretary's error and reaffirm Arkansas's motto, Regnat Populus, The People Rule."

"At the filing, the secretary's attorneys and representatives assured [AFLG executive director Lauren Cowles] that she had filed the necessary paperwork with her submission," the suit states.

The other side: A spokesperson for Thurston's office said they're reviewing the lawsuit.

Worth noting: Oscar Stilley of Ceaderville, a disbarred lawyer who spent time in federal prison for tax evasion, is also suing Thurston .

The bottom line: Attorney General Tim Griffin said in a statement sent to Axios that he will represent Thurston in both lawsuits.

• "The law is clear that the sponsor — no one else — must file a signed statement when filing the petition — not at an alternative time."
• AFLG hasn't provided evidence they did this, Griffin said.

See the full lawsuit