No. 99-3473.

265 F.3d 699 (2001)

John HOYLE, individually and on behalf of Arkansas Taxpayers' Rights Ass'n, and as representative of the class of more than 100,000 Arkansas who petitioned for Proposed Constitutional Amendment 4 of 1998 and further as representative of the class of All Registered Voters of the State of Arkansas; Joe Hoyle; Earl Oxford; Tom Tinsley, Appellants, v. Sharon PRIEST, in her official capacity as Secretary of State, and in her capacity as Chairman of the State Board of Election Commissioners; Mike Huckabee, in his official capacity as Governor of the State of Arkansas; Doris Tate, in her official capacity as Sebastian County Clerk, as representative of the class of all county clerks and election officials of the State of Arkansas, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 11, 2001.

Attorney(s) appearing for the Case

Oscar A. Stilley, argued, Fort Smith, AR, for appellant.

Brian G. Brooks, argued, Little Rock, AR (Wendy K. Michaelis, on the breif), for appellee.

Before HANSEN and HEANEY, Circuit Judges, and FENNER, District Judge.

HANSEN, Circuit Judge.

Appellants were sponsors of proposed Arkansas constitutional Amendment 4, which sought to abolish state property taxes and implement an alternative taxation regime based upon increased sales and use tax. The Arkansas Supreme Court ordered the proposition removed from the November 3, 1998, general-election ballot, holding that an insufficient number of signatures contained within the initiative petition mandated its removal. Roberts v. Priest...

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