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SMITH v. STATE OF ARKANSAS

No. LR-74-C-255.

385 F.Supp. 703 (1974)

Chester SMITH, Plaintiff, v. STATE OF ARKANSAS et al., Defendants.

United States District Court, E. D. Arkansas, W. D.

October 25, 1974.

Attorney(s) appearing for the Case

Royce Griffin, Owens, McHaney & McHaney, Little Rock, Ark., for plaintiff.

Lonnie A. Powers, Deputy Atty. Gen., State of Arkansas, Little Rock, Ark., Dan Orr, Ash Flat, Ark., for defendants.

Before STEPHENSON, Circuit Judge, and EISELE and HENLEY, District Judges.

MEMORANDUM OPINION

EISELE, District Judge.

Plaintiff Chester Smith filed a pro se complaint on August 20, 1974, alleging that he is illiterate and unable to comply with the Arkansas law (specifically Ark.Stat.Ann. § 3-717[b]) governing the casting of and counting of write-in votes. He challenges the constitutionality of the Arkansas statutes and asks an injunction commanding the Sharp County Board of Election Commissioners to count his ballot. A three...

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