Will plaintiffs Bill Visor and Rick Mays seek to appeal Circuit Judge John Thomas’ Friday ruling that Clark County voters will be able to decide wet or dry on Nov. 4. The question remains unanswered, as neither Visor nor Mays, nor their attorney, Andi Davis, could be reached for comment Tuesday morning.
Another question arises. In the event the ruling is appealed, what would be the effect on the vote in Clark County?
Joe Woodson Jr., attorney for the Arkansas Secretary of State’s Office, said today that the Arkansas Supreme Court — if it chooses to accept the appeal — has two options (other than choosing whether to overrule Thomas’ decision).
First, it can “fast track” the case, meaning the court can hear and decide on it in a speedy process prior to Nov. 4. Or, the court can rule after Election Day, declaring that no votes on that particular ballot question would be counted.
While most appeals do not go straight from circuit court to the Arkansas Supreme Court, Woodson said there is a short list of cases that bypass the Court of Appeals, and election cases are on that list. But it may be a little late for the plaintiffs to appeal such a case.
“Historically, the (Arkansas) Supreme Court looks with disfavor on any lawsuit that’s filed late in the game,” Woodson said. “It doesn’t matter what case it is.”
With early voting keeping poll workers and election officials busy, defendant Rhonda Cole, Clark County clerk, said she hopes the plaintiffs will not seek an appeal.
“I would appreciate them not appealing for the fact that I have to work from 8 to 6 every day,” she said. About 250 people voted on Monday during the early voting period. “It’s not a good time for me to be out of the office.”
