Robie v. Bolton

George Rose Smith, Justice.

A Fort Smith ordinance, adopted in 1972, requires that initiative petitions be filed with the city clerk “at least 90 days before the regular municipal election” at which the proposed measure is to be voted upon. The appellants tendered such a petition to the appellee, as city clerk, some 64 days before the next election (to be held in November). Upon the appellee’s refusal to accept the petition the appellants brought this suit for a judgment declaring the tender to have been timely. This appeal is from a decree upholding the city clerk’s refusal to accept the…