McCuen v. Harris

Once again, this court has exhibited its callous tendency to disregard the Arkansas voters’ ability to cast a knowledgeable and intelligent vote on an issue. See Christian Action Comm. v. McCuen, 318 Ark. 241, 884 S.W.2d 605 (1994) (Hays and Glaze, JJ., dissenting). The court gives no rational justification for holding the voters’ ballots cast for and against proposed amendment 2 should not be counted and certified, except that its decision in Walmsley v. McCuen, 318 Ark. 269, 885 S.W.2d 10 (1994), requires such drastic measures. Walmsley is not only wrong, it adopted a dangerous new legal…