Arkansas - SUPREME COURT SAYS VOTERS SHOULD NOT HAVE BEEN ALLOWED EXTRA TIME

Associated Press ^ | November 7, 2002

[HAL9000]

The state Supreme Court ruled Thursday that Pulaski County residents were not entitled to an extra 90 minutes of voting this week. The move clears the way for election officials to toss out ballots cast after the official close of the polls.

The Pulaski County attorney's office says officials are currently reading the ruling.

A judge in the Arkansas' most populous county extended poll-closing time from seven-30 p.m. to nine p.m. on Tuesday, citing long lines at some precincts and the absence of ballots at others. The justices said today Circuit Judge Collins Kilgore was wrong to do so.

Republicans accused state Democrats of trying to steal the election by extending voting hours in the predominantly Democratic county -- a key U.S. Senate race was on the ballot -- and the state Supreme Court ruled late Tuesday that the extra hours were illegal.

It was unknown how many votes were cast in the extra 90 minutes. Some of the late ballots were challenged Tuesday night, allowing the local Election Commission to identify some of them.

The commission has not counted the disputed votes and wanted direction from the Supreme Court on what to do with them. The justices in the four-three ruling did not give specific directions in their order, instead reiterating that Arkansas' voting hours are 7:30 a.m. to 7:30 p.m. -- except that people in line at 7:30 p.m. can stay in line.

The court said today quote "The legislative branch of our state government has spoken on this issue and there is no provision in our election code authorizing an extension on voting times by the judiciary. Persons who have presented themselves for voting and who are in line at the polling place to do so when the polls close are permitted to vote.

It also wrote in an unsigned order quote "We hold that Judge Kilgore clearly abused his discretion and exceeded his authority in extending the voting hours to nine p.m. in contravention of state law."

(Copyright 2002 by The Associated Press. All Rights Reserved.)

[TheDon]

The court said today quote "The legislative branch of our state government has spoken on this issue and there is no provision in our election code authorizing an extension on voting times by the judiciary."

Yea, I wonder why the SCOTUS didn't see it that way in NJ?

[Dianna]

Humid are you saying that the Judge who made the decision to keep the polls open was ON THE BALLOT?

[MHGinTN]

Sorry about my ambiguity; I was asking about the New Jersey activist court ruling.

[AFPhys]

Congratulations, Arkansas Supreme Court!

[AmericanVictory]

Does this signal a new trend, after Minnesota, of State Supremes adhering to the law? It exposes the Joisey Supremos for what they are.

[MHGinTN]

On the ballot and running for votes in the area he kept open!

[C7pilot]

I find it quite interesting that the circuit judge the Arkansas Supreme Court slapped down today for overstepping his authority is the same judge that recently ruled Arkansas school funding unconstitutional. Judge Collins Kilgore issued a ruling that the state's school funding is not only inequitable between school districts but is inadequate to provide the level of education for which each child is eligible under the constitution.

Sounds like Judge Kilgore has found another "penumbra" in that multi-faceted, refractive document. This is a grim reminder of the ruling some years back by a judge in Kansas City that the Kansas City district must raise it's taxes in order to meet a Judge's idea of the correct level of funding of schools in the area.

In the current school case the state has appealed, but odds are the ruling will stand. If it does, the state will be in a deep financial crisis. All of which makes me marvel at the enormous power wielded by a circuit judge.

[Humidston]

Actually, I just took it for granted it was this year, but after checking a second time I noted that it has NO date anywhere I could see, so I checked the candidates for President/VP.

Bill Clinton vs Robt. Dole

HA! I could've sworn he was brought in by Clintoon since he's such an activist judge.

[RAT Patrol]

Even if this has no effect on the election, it is another on record account of the 'rat party cheating to win.

[Robert_Paulson2]

The legitimate candidate with the most votes would win.

wouldn't it be funny for laughtenburg to be refused his seat... by the 51 pubbies, whilst the supreme court rules he was not a legal candidate... and the winner would then be???

forrestor.
The dems would not stand for that outcome...

[PeaceBeWithYou]

Well, what could they do?

Quit? That would give us more seats.

Stomp their feet? That show what children they are.

Hold thier breath until they turn blue? That would be neat to watch, and might give us more seats too.

[longtermmemmory]

Isn't the US supreme court still going to hear the lautenberg switch case? Last time I looked there were two briefs filed one for emergency relief and one for relief.

[OldFriend]

For now this is the least of Pryor's problems.......if he got his maid to sign an illegal affadavit he ought to be indicted and jailed.

[mvpel]

It also wrote in an unsigned order quote "We hold that Judge Kilgore clearly abused his discretion and exceeded his authority in extending the voting hours to nine p.m. in contravention of state law."

Wow. In JUudicialese, the official language of court opinions, this phrase is the rough equivalent of a screaming denunciation.

[Robert A Cook PE]

Yes. Only the "immediate relief" was turned down. The other drags on.

With a democratic governor, if/when the actual case goes against the illegal replacement of Toricelli, L. could then resign (using the USSC as an excuse) then gets replaced by appointment with the "real" democratic selection.

[Flint]

It's nice to see that in some places in the republic the law is still the law, not to be contravened or ignored by judges on a whim.

Don't forget it was a 4-3 decsion. One more lib on the Arkansas Supremes and it would have been allowed. We must not let down our guard for one second. Judges must be replaced at every chance.

[nicmarlo]

quote "We hold that Judge Kilgore clearly abused his discretion and exceeded his authority in extending the voting hours to nine p.m. in contravention of state law."

Rule of Law bump!!!!

[nicmarlo]

Yes, according to CongressmanBillyBob

[cinFLA]

I don't think enough people are considering New Jersey - as evidence of how the democrats did EVERYTHING (including illegal changes!) to avoid losing.

Not enough but more every day. Many, like my mother, who were die-hard democrats of past, see how devious the party is now.

[TaRaRaBoomDeAyGoreLostToday!]

--Two simple reasons why the Republicans won.--

1) The DNC and the Clinton King and Queen were effectively told by the American people....

WERE NOT GONNA TAKE,NO! WERE NOT GONNA TAKE IT...ANYMORE

NO MORE LIES, HATRED, CORRUPTION AND EMBARRASMENT!!!

LOOK AT THE DIFFERENCE IN THE TWO PARTIES AND IT IS A NO-BRAINER AS TO WHY THE DNC LOST!

2)

THE RNC WEB PAGE

THE DNC WEB PAGE

THE DIFFERENCE IS APPARENT...THE RNC HAS CLASS AND MORALS AND AN AGENDA THE MAJORITY OF THE AMERICAN PEOPLE WANT. THE DNC ARE A BUNCH OF CHILDISH, WHINY LOSERS, THAT DO NOTHING BUT BASH OTHERS ON THEIR WEB PAGE!