Attorney asks Arkansas Supreme Court to disqualify attorney general from early voting case
An attorney attempting to secure an early voting site in West Memphis has asked the Arkansas Supreme Court to strike a recent filing by Attorney General Tim Griffin and disqualify him from the case.
Attorney Jennifer Standerfer, who represents two West Memphis voters who intend to cast their ballots early, said, "The attorney general, through his amicus brief, repeatedly presents his own testimony concerning allegations that are not supported by the record, and are presented for the first time on appeal after briefing by the parties is complete."
If Griffin isn't disqualified, Standerfer asked the high court that both sides be allowed to file responses to the amicus brief the attorney general filed Tuesday. Early voting in Arkansas begins on Monday.
Griffin's "friend-of-the-court" brief sided with the Crittenden County Board of Election Commissioners, who voted 2-1 to appeal a lower court's ruling that required them to conduct early voting at the Seventh Street Church of Christ in West Memphis.
"There is no evidence to indicate that the attorney general is an elections expert or that he has ever been established as one in any court of law," Standerfer wrote. "Appellees will be given no opportunity to cross examine the attorney general concerning his broad assertions, and have had no opportunity to present testimony, expert or otherwise, to prove that his knowledge is not reflective of any generally accepted opinion of election experts in this state, and is likely wrong and based on broad assumptions."
Standerfer filed the original lawsuit after the Crittenden elections board failed to designate an earlier voting site in West Memphis, the county's largest city. That left only one early voting site available in the county seat of Marianna.
Circuit Court Judge Chris Thyer heard the case at an expedited rate due to its potential effect on the upcoming election. He found that County Clerk Paula Brown acted appropriately when she designated the Seventh Street Church of Christ in West Memphis as an early polling location and called on local election officials to staff it.
Thyer also found that a separate contested early voting site was not required to be used this election and that the members of the local election board didn't need to meet further to agree on additional polling sites. Thyer asked attorneys on both sides of the case to appeal his ruling to the state Supreme Court, which attorney Joe Rogers did on behalf of the election commissioners on Oct. 4
The Crittenden County Board of Election Commissioners is made up of three members: Republicans Frank Barton and Anita Bell, and Democrat James Pulliaum.
Barton and Bell voted to appeal the circuit court ruling to the state Supreme Court, while Pulliaum dissented.
Bell is also the mother-in-law of Tammi Northcutt Bell, a Republican candidate vying for the House of Representatives District 63 seat . District 63, which includes portions of West Memphis, is currently represented by Rep. Deborah Ferguson, a Democrat who is not seeking reelection.
