Legal Opinion · Concurrence

Baker v. Jacobs

Supreme Court of Arkansas

Decided October 29, 1990No. 90-287Published

1ConcurrenceTom Glaze, Justice

I concur. Even assuming the appellants had standing to bring this litigation, they were required to do so before the Democratic Primary Election in May 1990. This court has repeatedly recognized that the provisions of elections laws are mandatory if enforcement is sought before the election and directory if not raised until after the election. Donn v. McCuen, 303 Ark. 415, 797 S.W.2d 455 (1990); Stillinger v. Rector, 253 Ark. 982, 490 S.W.2d 109 (1973); Wright v. Sullivan, 229 Ark. 378, 314 S.W.2d 700 (1958). Here, appellants failed to commence their action until September 1990, more than…

2Cases cited3 opinions

  1. Stillinger v. RectorSupreme Court of Arkansas · 1973
  2. Wright v. SullivanSupreme Court of Arkansas · 1958
  3. Donn v. McCuenSupreme Court of Arkansas · 1990

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