The only surprise in Thursday morning's ruling concerning Issue 1 is that Arkansas' top court split 6-1. We had a 10-spot that said it would be unanimous.
Issue 1 on your ballot won't count. And won't be counted. The Arkansas Supreme Court has ordered election officials not to tally the votes. And, well, that's probably for the best.
This editorial column has been semi-pro-Issue 1 from the get-go. There are good ideas all through it. Which was the problem. A ballot issue such as this can have a good idea, but not ideas, plural.
According to the state constitution, you can't hand voters a dog's breakfast of a ballot issue for them to decide. All matters on a ballot measure should be "germane" to each other, according to the law. A lower court had already ruled that this ballot measure, which limited attorney fees, limited jury awards for certain damages, and allowed the General Assembly to make rules for the judiciary, didn't pass that test. The high court agreed. The high court even found a fourth element in the proposal. Over-spicing in cooking and ballot issues is considered poor form.
That's not to say that the Ledge can't put these matters before voters again in the future. But lawmakers might have to do it one subject at a time. We still like the idea of limiting lawyers' fees to a reasonable percentage. And limiting awards so juries can't hand out lottery winnings seems an idea that would put Arkansas businesses to the advantage, which is good. (The business of America is business.--C. Coolidge.) The part about the Ledge making rules for the state's judicial branch always seemed an overreach and all but dared the courts, high and low, to throw out the whole measure. Even lawmakers who supported Issue 1, and voted to put it on the ballot, have been quoted in the papers saying that last bit might have violated a separation of powers.
Better luck next time, lawmakers. And better consideration of the state's constitution would help, too.
The state's highest court also decided to allow the minimum wage issue to remain on the ballot. We the People will get to decide whether Arkansas will raise its minimum wage, again, although we already have a higher minimum wage than any neighboring state. That certainly doesn't sound like an idea that would advantage business. It's called Issue 5 on your ballot. That one will count. Here's hoping it's counted and rejected.
Then on Friday, the Supremes ruled on Issue 3, the new term limits proposal. And threw that one out because too many signatures were invalid and shouldn't have been used to put the matter on the ballot in the first place. Our considered editorial opinion: No harm, no foul. We already have term limits in Arkansas. This proposal would have tightened the cap for serving in the Ledge to 10 years, instead of 16.
The scorecard, and you might need one, so far:
Issue 1, limiting jury awards and changing rules for the courts, won't count.
Issue 2, voter ID, is still on your ballot, and we recommend passing it.
Issue 3, term limits, won't count.
Issue 4, allowing casino gambling, is still up for a vote, and we recommend against it.
Issue 5, the minimum wage increase, is still valid, and still a bad idea.
Editorial on 10/22/2018