Plugge Ex Rel. Arkansas for Representative Democracy v. McCuen

Petitioners filed this original action pursuant to Amendment 7, the Initiative and Referendum Amendment, to the Constitution of the State of Arkansas seeking to enjoin the respondent Secretary of State from placing the proposed “Term Limitation Amendment” to the state constitution on the ballot for the November 3, 1992, general election. At this time, the respondent has placed the issue on the ballot and absentee voting has commenced. Thus, the only relief now available to petitioners is for this court to order that the votes not be counted or considered. I would grant such relief because one…