WELLWOOD v. JOHNSON

No. 98-2724.

172 F.3d 1007 (1999)

Jay Gary WELLWOOD, Individually and as a Representative of Citizens for a Better Pope County, Appellant, v. Don JOHNSON, Clerk of Pope County, Arkansas, and State of Arkansas ex rel. Winston Bryant, Attorney General; Larry Newberry, John Robert Hawkins, and Larry Kinslow; and Gregg Long, Individually and in His Capacity as Representative of Citizens United to Protect Pope County; Charles Colflesh, Individually and in His Capacity as Representative of Citizens United to Protect Pope County; and Margaret Ragains, Individually and in Her Capacity as Representative of Citizens United to Protect Pope County, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 16, 1999.


Attorney(s) appearing for the Case

Brad A. Cazort, Little Rock, AR, argued (Ralph J. Blagg, Clinton, AR, on the brief), for appellant.

Tim Humphries, Little Rock, AR, argued, for appellee.

Before WOLLMAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

To put a local initiative on the ballot for most issues, Arkansas law requires the signatures of 15 percent of the registered voters in a political subdivision. Act 266 of 1985 raised this requirement to 30 percent for local-option elections (initiatives to decide whether to change a county from "wet" to "dry," or vice versa), and Act 243 of 1993 changed that requirement to 38 percent. See Ark.Code Ann. § 3-8-205...

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