How did the Arkansas AG respond to legislators asking about a split vote to close Sebastian County polling sites?
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This page answers the general question as of 2014. Ask about yours and see what current Arkansas law means for your facts, with citations you can check.
Plain-English summary
Representative Charlotte Vining Douglas and Senator Bryan King asked the Arkansas Attorney General about a February 2014 vote by the Sebastian County Board of Election Commissioners. The board had adopted, on a split rather than unanimous vote, a motion to close certain precinct polling sites and direct those voters to sites already serving other precincts.
The AG did not give a separate answer to the legal questions in this opinion. He enclosed Opinion 2014-068, recently issued to Prosecuting Attorney Daniel Shue, and said: “I believe the opinion adequately addresses the legal issues your request raises.” The enclosure is not reproduced in this page's original opinion text. To determine the legal analysis or conclusion, consult Opinion 2014-068 itself.
Currency note
This opinion was issued in 2014 and contains only a referral to an earlier opinion. Check that earlier opinion and current election law before relying on an answer about polling site votes.
Common questions
Did this opinion decide whether a unanimous vote was required?
It does not state a conclusion. It refers the legislators to Opinion 2014-068 for the legal issues raised by their request.
Did the AG declare the Sebastian County vote unlawful here?
No such declaration appears in this opinion. It describes the board's split vote and the proposed polling site changes, then points to the earlier opinion.
Where can I find the reasoning?
Look for Opinion 2014-068, which the AG said he enclosed with this response. This page reproduces only the text of Opinion 2014-085, not the enclosure.
Background
The request concerned a motion to close certain precincts' sites and move those voters to polling sites already used by other precincts. The AG addressed the request by reference to a prior opinion on the same matter. This opinion does not quote a statute, discuss an election outcome, or supply an independent rule for future changes.
Citations
- Op. Att'y Gen. 2014-068 (the earlier opinion enclosed by the AG)
Source
Original opinion text
Opinion No. 2014-085
August 1, 2014
The Honorable Charlotte Vining Douglas
State Representative
5315 Ridge Road
Alma, Arkansas 72921-8254
The Honorable Bryan King
State Senator
871 CR 814
Green Forest, Arkansas 72638
Dear Representative Douglas and Senator King:
You requested my opinion on questions about the February 2014 adoption, on a split rather than unanimous vote, by the Sebastian County Board of Election Commissioners of a motion to close certain precincts' polling sites and provide that such precincts' voters would thenceforth vote in places that already served as polling sites for other precincts.
I enclose a copy of an opinion on this matter I recently issued to Prosecuting Attorney Daniel Shue (Op. Att'y Gen. 2014-068). I believe the opinion adequately addresses the legal issues your request raises.
Assistant Attorney General J. M. Barker prepared this opinion, which I approve.
Sincerely,
DUSTIN McDANIEL
Attorney General
DM:JMB/cyh
Enclosure
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