LITTLE ROCK, Ark. (AP) - Arkansas’ highest court on Tuesday temporarily stayed a judge’s ruling striking down the state’s new voter ID law, saying it wants arguments by the end of the week on whether the restriction should remain in place.
The Supreme Court issued a two-page order granting the state’s request to stay Pulaski County Circuit Judge Tim Fox’s ruling last week voiding the new law requiring voters to show photo identification before casting a ballot. Fox ruled the law, approved by the Legislature last year, violated Arkansas’ constitution.
Fox ruled in a case that had focused on the way absentee ballots are handled under the law. A broader lawsuit against the restriction filed by the American Civil Liberties Union of Arkansas is also before his court.
The Supreme Court gave the Pulaski County Election Commission and the state until noon Friday to file briefs in the appeal, and justices said they would not accept any requests for replies or extensions.
The court, however, declined to stay a portion of Fox’s ruling striking down the state Board of Election Commissioner’s decision to give absentee voters more time to show photo identification. The rule allowed voters who did not submit required identification with their absentee ballot to turn in the documents for their vote to be counted by noon Monday following an election. It mirrors an identical “cure period” the law gives to voters who fail to show identification at the polls. The Pulaski County Election Commission had sued over the rule, saying such a cure period wasn’t spelled out in the law.
The high court’s ruling comes as election officials are preparing for the May 20 primary, with early voting set to begin May 5. The primary was expected to be the first statewide test of the voter ID law.
“I think (Tuesday’s ruling) promotes confusion,” said Chris Burks, a member of the Pulaski County Election Commission. “We have to get some clear guidance from the court on which rules and which law to follow.”
Attorney General Dustin McDaniel’s office, which had represented the state board, said it was pleased with the ruling.
“We appreciate the Court granting the State Board of Election Commissioners’ request for a stay in this matter,” spokesman Aaron Sadler said.
Fox is scheduled to hold a hearing Friday afternoon on the ACLU’s request for a preliminary injunction against the law, though Secretary of State Mark Martin’s office has asked him to recuse from hearing that case. The civil liberties group and the Arkansas Public Law Center have sued the state over the law on behalf of four voters who they say will be harmed by the new restriction.
The Republican-led Legislature approved Arkansas’ voter ID law last year, overriding a veto by Democratic Gov. Mike Beebe. Under previous law, election workers were required to ask for photo ID but voters don’t have to show it to cast a ballot. Under the new law, voters who don’t show photo identification can cast provisional ballots. Those ballots would be counted only if voters provide ID to county election officials before noon on the Monday after an election, sign an affidavit stating they are indigent or have a religious objection to being photographed.
Martin’s office on Monday defended its request for information about whether the four plaintiffs in that case have received government assistance.
Martin’s office asked Fox to reject the ACLU’s motion to quash the subpoenas issued regarding the government benefits, noting that it was not seeking information on specific amounts of aid or any health information.
“Individuals applying for or receiving services or benefits often must prove their identity before receiving said service or benefit,” the filing from Martin’s office said. “The subpoena to (the Department of Health) was intended to discover whether the individuals were receiving services or benefits and what identification they provided to receive any service or benefit.”
The state also asked Fox to delay Friday’s hearing, saying its attorneys have been unable to depose the plaintiffs in the case.
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