John SchroyerArkansas Gov. Sarah Huckabee Sanders named a pair of temporary judges to fill in for a pair of state Supreme Court justices who recused themselves from a cannabis election case, setting the stage for a final decision in whether a pro-marijuana ballot measure will go before voters next month.
The question is whether Secretary of State John Thurston acted correctly in not counting roughly 18,000 signatures submitted by Arkansans for Patient Access, the medical cannabis campaign that is trying to get its initiative onto the general election ballot.
Thurston late last month ruled that the campaign had not submitted enough valid signatures, which led to a lawsuit from the campaign and an order by the state Supreme Court for Thurston to finish counting the signatures while the case made its way through the courts.
In a response filed with the court this week, 4029 News reported, the state attorney general’s office argued that Thurston was correct and that Arkansans for Patient Access likely violated the law because “only direct members” of the amendment sponsor can certify the petition signatures. In this case, a third-party, paid canvassing company staff member signed off on signature paperwork before the petitions were submitted to Thurston. Whether that technicality is enough to disqualify the initiative entirely is the primary question before the state’s high court.
The two justices who recused themselves – Chief Justice John Kemp and Associate Justice Courtney Hudson – did not provide any reason for the move. They will be replaced for this case by Arkansas State Board of Public Accountancy Chairman Don Curdie and another yet-to-be named appointee from the governor.
The cannabis ballot question, Issue 3, would expand the state’s medical cannabis program by adding more qualifying medical conditions for patients, increasing the number of health care providers who can write medical recommendations and legalizing home cultivation.
