The Republican nominee for Stone County sheriff wants a judge to stop next week’s election to determine his Democratic opponent.
A hearing is scheduled for 10 a.m. today before Pulaski County Circuit Judge Jay Moody in a lawsuit filed by Republican nominee Russ Aiken of Mountain View.
Aiken is suing Gov. Mike Beebe, who called Tuesday’s special Democratic primary election for sheriff in Stone County, as well as the threemember Stone County Election Commission.
The suit filed Wednesday contends that the governor and the commission acted together to hold “an illegal election.”
Unless the election is halted, Aiken will be “forcedto confront an illegal and improper competitor” in the Nov. 2 general election, according to the suit filed by Fayetteville attorney Charles M. Kester. The lawsuit also asks the court to rule that holding a special primary election before the general election “is not legal or authorized under Arkansas law.” On Thursday, the attorney general’s office filed a motion asking the court todismiss Aiken’s complaint.
In the motion, Attorney General Dustin McDaniel and Assistant Attorney General Scott P. Richardson said Arkansas law allows voters to select a primary nominee in a special election called by the governor.
Without a Democratic nominee, Aiken would be unopposed in November.
Beebe, a Democrat, issueda proclamation setting the special election after the June 8 runoff for the Democratic nominee for sheriff produced a 1,383-vote tie between Lance Bonds and incumbent Todd Hudspeth.
Stone County officials were unsure whether state law allowed for a special election after a tie vote in a primary election.
Tim Humphries, general counsel for the secretary of state’s office, has said there is no provision in the law, Arkansas Code 7-7-104, for filling a vacancy in the case of a tie in a primary election.
He has said the law provides for filling a vacancy if the primary candidate dies, moves out of the area, files for another office or withdraws because of serious illness.
Still, Humphries said, the governor, the Democratic Party and the Election Commission could consider whether the Legislature intended to prevent voters from selecting a nominee in such an instance.
The county election commission certified the tie vote June 18. Three days later, the Democratic Party of Arkansas formally asked Beebe to call a special election. Beebe issued a proclamation June 23.
In the proclamation, Beebe cited “the power and authority vested in me by law” in proclaiming the special election.
Later, Beebe spokesmanGrant Tennille said the governor’s office acted because “as a general matter, the Legislature has generally provided that vacancies in a nomination can be filled,” and if the party chooses to have an election, the “governor’s only role in the process is to issue a proclamation setting a date.”
“We issued the proclamation setting the date based upon what we perceive to have been the Legislature’s intent in this scenario,” Tennille said.
But Aiken’s lawsuit says “neither Arkansas Code 7-7-104 nor any other statutes provides for the filling of a vacancy in nomination in the event of a tie vote.”
“No Arkansas official, including but not limited to the Governor, has statutory or constitutional authority to authorize a special primary in the case of a tied vote in a primary election to fill a vacancy in a nomination,” the suit says.
“Simply put, a political party is limited to two, and only two, bites at the apple under Arkansas law.”
The Stone County Quorum Court appropriated up to $32,000 to pay for Tuesday’s election and expects to be reimbursed by the state, according to the suit.
The suit also notes that any eligible Stone County voter can cast a ballot in the special primary, not just Democrats.
“As a voter, [Aiken] is deprived of his vote which is now diluted among multiple candidates, whereas under Arkansas law there should only be one candidate. As a taxpayer, he isforced to subsidize an illegal election which is being held for the sole purpose and with the direct result of depriving him of his lawful rights,” according to the lawsuit.
Aiken said Thursday that Republicans from across Arkansas have contacted him offering financial assistance in his legal fight.
“Everything from $5 to larger amounts,” he said.
State Republican Party spokesman Katherine Vasilos said the party has not provided financial assistance to Aiken.
Vasilos said Aiken contacted the party after the governor’s proclamation and was directed to the party’s general counsel, Chris Stewart, to discuss possible legal issues. She said that has been the extent of the party’s assistance, adding that the state GOP supports Aiken’s suit.
Stone County Election Commission Chairman Bob Turner said he was surprised that Aiken sued to stop the election.
“I know the laws are kind of gray, I guess, in that area,” Turner said, adding that he did not believe the Legislature intended to prevent voters from choosing a nominee in such instances.
“I really believe we’ll prevail in the suit,” Turner said.
The other election commissioners are Democrat Betty Allred and Republican Vernon Humphries.s of midday Thursday, 483 ballots had been cast in early voting in the Democratic primary, Stone County Clerk Donna Wilson said.
Northwest Arkansas, Pages 9 on 07/30/2010