Arkansas Cases August 19, 2022: Ark. United v. Thurston
Court: U.S. District Court — Western District of Arkansas
Date: Aug. 19, 2022
Case Description
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ARKANSAS UNITED and L. MIREYA REITH PLAINTIFFS
v.
JOHN THURSTON, in his official capacity as the Secretary of State of Arkansas; SHARON BROOKS, BILENDA HARRIS-RITTER, WILLIAM LUTHER, CHARLES ROBERTS, JAMES SHARP, and J. HARMON SMITH, in their official capacities as members of the Arkansas State Board of Election Commissioners; RENEE OELSCHLAEGER, BILL ACKERMAN, MAX DEITCHLER, and JENNIFER PRICE, in their official capacities as members of the Washington County Election Commission; RUSSELL ANZALONE, ROBBYN TUMEY, and HARLAN STEE, in their official capacities as members of the Benton County Election Commission; DAVID DAMRON, LUIS ANDRADE, and LEE WEBB, in their official capacities as members of the Sebastian County Election Commission; and MEGHAN HASSLER, in her official capacity as Election Coordinator for the Sebastian County Election Commission DEFENDANTS
No. 5:20-CV-5193
United States District Court, W.D. Arkansas, Fayetteville Division
August 19, 2022
JUDGMENT
TIMOTHY L. BROOKS, UNITED STATES DISTRICT JUDGE
For the reasons set forth in the Court's Memorandum Opinion and Order filed today, IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS:
1. The six-voter limit at § 7-5-310(b)(4)(B) of the Arkansas Code is DECLARED to be preempted by § 208 of the VRA. Sections 7-1-103(a)(19)(C) and 7-1-103(b)(1) of the Arkansas Code are also DECLARED to be preempted by § 208 to the extent they are used to enforce criminal penalties for violations of § 7-5-310(b)(4)(B).
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2. The Court hereby PERMANENTLY ENJOINS all Defendants, their employees, agents, and successors in office, and all persons acting in concert with them, from enforcing § 7-5-310(b)(4)(B), or otherwise engaging in any practice that limits the right secured by § 208 of the Voting Rights Act based on the number of voters any individual has assisted, and from enforcing §§ 7-1-103(a)(19)(C) and 7-1-103(b)(1) to the extent they are used to enforce criminal penalties for violations of § 7-5-310(b)(4)(B).
3. The State and County Defendants are ORDERED to inform their staff to cease enforcement of § 7-5-310(b)(4)(B) in advance of the 2022 General Election. The State and County Defendants are FURTHER ORDERED to use an updated Assisted Voter Card in all future elections that removes any reference to the six-voter limit at § 7-5-310(b)(4)(B). In all future elections after the 2022 General Election, Defendants are ORDERED to update all trainings, manuals, websites, and any materials given to voters or voter assistors to remove any reference to the six-voter limit at § 7-5-310(b)(4)(B).
4. Plaintiffs have 14 days from today to file a motion for attorneys' fees.
IT IS SO ORDERED on this 19th day of August, 2021