Save Energy Reap Taxes v. Shaw

Robert L. Brown, Justice.

Save Energy Reap Taxes (“SERT”) is a nonprofit Arkansas corporation that was created to promote the ballot initiative in Sharp County to permit the sale of alcohol. On August 6, 2008, SERT submitted a number of initiative petitions, containing 5,017 signatures, to then-Sharp County Clerk Joe Estes. Of those signatures, 4,620 were certified by the county clerk, leaving 251 more than the 4,369 signatures required by statute for the issue to be placed on the November ballot.

Following certification, appellees Yota Shaw and Morris Street filed separate complaints in which…