Gaines v. McCuen

758 S.W.2d 403 (1988)

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Gaines v. McCuen

Arkansas Supreme Court
758 S.W.2d 403 (1988)

JC

Facts

Cary Gaines (plaintiff) filed suit against Arkansas Secretary of State Bill McCuen (defendant), seeking to enjoin the certification process for a ballot initiative. Specifically at issue were the popular name and the ballot title of the initiative, which Gaines complained were incomplete and misleading. The popular name was Standard of Conduct and Disclosure Act for Lobbyists and State Officials. Gaines believed that the name failed to reflect that the underlying initiative would also apply to candidates for state elective office. Among Gaines’s noted issues with the ballot title was that the ballot title (1) also failed to refer to candidates for elective office, (2) failed to disclose inconsistent treatment of lobbying and lobbyists such that only some lobbyists would have to register, and (3) did not indicate that small gifts from lobbyists would have to be reported. At the time, being classified as a lobbyist required the expenditure of only $250 in a given yearly quarter in communicating with public officials. McCuen defended all the issues involved as mere technicalities, with the popular name being sufficient for voters to identify the measure involved and the title being a fair statement of the general purposes of the initiative. The matter was heard directly by the Arkansas Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Dudley, J.)

Dissent (Purtle, J.)

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