Arkansas sued after rejecting petitions for abortion ballot measure

July 19 (UPI) -- An organization in Arkansas is suing the secretary of state, claiming he improperly rejected a petition to place abortion access on the ballot in November.

Arkansans for Limited Government filed a lawsuit in the state supreme court on Tuesday against Secretary of State John Thurston. It seeks to have Thurston's decision overturned so the ballot question can move forward on Election Day.

The organization wheeled in boxes of signatures and paperwork to the secretary of state's office on July 5. On July 10, it received a letter from Thurston stating that the proper paperwork to accompany the signatures was not filed correctly. He cited a statute that requires petitioners to include a statement disclosing information about any paid canvassers used to gather signatures.

About 87,000 of the signatures submitted were collected by volunteers and about 14,000 were collected by paid canvassers, Sam Watson, AFLG content director, told UPI. The group used 265 paid canvassers.

According to the statute cited by Thurston -- AR Code § 7-9-11 -- if the secretary of state finds the petition to be insufficient, the sponsors are given 30 days after being notified to resolve any issues, including obtaining additional signatures.

AFLG argues that it did submit the proper paperwork. However, even if it had not, Watson said the statue does not give Thurston the authority to reject the petition outright.

"If he counted the signatures as he's supposed to be doing, that likely entitles AFLG a cure period," Watson said. "One of the things you can cure is paperwork. That's why we're so deeply frustrated."

Thurston's office declined to comment due to the pending litigation. It shared the letter he sent to Lauren Cowles, drafter of the referendum, on Monday.

"I have received your letter delivered to my office on July 11, 2024. My position remains unchanged," Thurston wrote in response to AFLG's argument that it correctly filed the petition.

Nicholas Bronni, Arkansas' solicitor general, filed a motion to dismiss the case on Friday, stating that the secretary of state correctly rejected the petition.

"Indeed, as the Secretary concluded, AFLG's failure required outright rejection of its petition. Yet even if that weren't the case, none of AFLG's paid signatures may be counted "for any purpose," including the initial signature count," Bronni wrote. "And without them, AFLG's petition-on its own telling-falls short of the facial number required to qualify for a cure period. So either way, AFLG's petition falls short and further proceedings would be futile."

Arkansas requires signatures equal to 10% of the votes cast for the governor in the last gubernatorial election to initiate a ballot measure. In this case 90,704 signatures were required on the July 5, deadline.

Responding to Thurston's rejection of the petition, Gov. Sarah Huckabee Sanders called signees and canvassers "immoral and incompetent."

"This has kind of grown past the specific topic of abortion and become a referendum on whether or not Arkansans have the right to a say in their government," Watson said.

Watson said AFLG is hopeful the supreme court will take action on its case quickly. In the meantime, the organization has asked for an injunction to require Thurston's office to begin counting signatures while litigation proceeds.