BARRETT v. THURSTON

No. CV-19-904.

593 S.W.3d 1 (2020)

2020 Ark. 36

Stephanie Potter BARRETT Appellant/Cross-Appellee, v. John THURSTON, in His Official Capacity as Secretary of State for the State of Arkansas; Charles Welch, Claudia Speights, and Karen Wieman, in Their Official Capacities as the Commissioners of the Clark County Election Commission; Ralph Edds, Gene Haley, and Elmer Beard, in Their Official Capacities as the Commissioners of the Garland County Election Commission; Lori West, Debbie Marsh, and Cynthia Newsom, in Their Official Capacities as the Commissioners of the Hempstead County Election Commission; James Houpt, Jerry Craycraft, and Walter Grant, in Theirofficial Capacities as the Commissioners of the Hot Spring County Election Commission; Robert Williams, Glen Semmler, and Angela Allen, in Their Official Capacities as the Commissioners of the Howard County Election Commission; Billy Bob Pounds, Don Lamon, and Leslie Carter, in Their Official Capacities as the Commissioners of the Little River County Election Commission; Lee Lane, Gary Eveld, and Russell Parish in Their Official Capacities as the Commissioners of the Logan County Election Commission; Sandy Buchanon, Charlotte Fuller, and Brandon Cogburn, in Their Official Capacities as the Commissioners of the Miller County Election Commission; Robert Walther, Alma Black, and Mark Whisenthunt, in Their Official Capacities as the Commissioners of the Montgomery County Election Commission; John Benjamin, Terry Hutson, and James O'Neal, in Their Official Capacities as the Commissioners of the Pike County Election Commission; Landon Copelin, Bernard Mize, and J. David Ray, in the Official Capacities as the Commissioners of the Polk County Election Commission; Stephen Holland, Tommy Vanover, and Ronnie Powell, in Their Official Capacities as the Commissioners of the Scott County Election Commission; David Damron, Sam Terry, and Lee Webb, in Their Official Capacities as the Commissioners of the Sebastian County Election Commission; Gaines Southworth, Gary Walker, and Barbara Holt, in Their Official Capacities as the Commissioners of the Sevier County Election Commission; and Greg Bland, Howard Orsburn, and Montie Sims, in Their Official Capacities as the Commissioners of the Yell County Election Commission, Appellees. Emily L. Lengefeld, Appellee/Cross-Appellant.

Supreme Court of Arkansas.

Opinion Delivered: January 23, 2020.


Attorney(s) appearing for the Case

David J. Potter , and Potter Law Firm, LLP, by: Jacob S. Potter , for appellant.

Waymack Standerfer Law, by: Jennifer A. Waymack ; and Jeff Priebe Law Firm, by: Jeff Priebe , Little Rock, for appellee Emily L. Lengefeld.


Appellant Stephanie Potter Barrett appeals from the Pulaski County Circuit Court's order finding that Appellee Emily White Lengefeld is a certified candidate for the position of Arkansas Court of Appeals District 4, Position 2. Lengefeld also filed a cross-appeal in which she contends (1) Barrett lacked standing...

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