Opinion

Roberts v. Priest

  • 341 Ark. 813
  • 20 S.W.3d 376
  • 2000 Ark. LEXIS 373
Court
Supreme Court of Arkansas
Filed
Jul 7, 2000
Status
Published
Author
Smith
On the bench
Annabelle Clinton Imber
Cited by
152 cases

denying placement of proposed constitutional amendment on the ballot where the popular name misleadingly referred only to "sales taxes" and the text of the measure referred more generally to "any taxes"

How later courts described this case

  • denying placement of proposed constitutional amendment on the ballot where the popular name misleadingly referred only to "sales taxes" and the text of the measure referred more generally to "any taxes"
  • there is “no authority whereby this court could rewrite or change the text of a proposed amendment”
  • where court held that Act 877, by its terms, applies to all petitions approved by the Attorney General and filed with the Secretary of State pursuant to § 7-9-107, as of March 25, 1999

Written by the judges who cited it.

The opinion

LAVENSKI R. SMITH, Justice, concurring. I concur in the result because of the patent inconsistencies between the ballot title, the popular name, and the text of the amendment. Its proponents concede the inconsistencies. If the drafters of the proposed amendment intend for it to mean differently than it reads, it is up to them to correct it. Neither precedent nor prudence authorize this court to edit a proposed constitutional amendment. Judges should not “edit” constitutional provisions either before or after they are made the law of the land. It is nevertheless unfortunate that any initiative of the people is not able to be voted upon by the people.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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