Nevada County Picayune and Gurdon Times Newspaper Archive

Delegates Urged To Continue Running

Those seeking positions as delegates for the constitutional convention are urged to continue running for these seats.

This is in spite of the fact no one is sure at this time whether or not there will be a special election Dec. 12 to select delegates, or if the convention will convene in January, 1996 as originally proposed.

The primary reason for these doubts is Little Rock Circuit Judge Ellen Brantly has put a halt to the proceedings because of the emergency clause in the document creating the special election for the constitution.

The Arkansas General Assembly, in special session, set forth the mechanism to hold the special election Dec. 12, 1995. An emergency clause was placed in the legislation to speed up the process and keep it from taking until March 1996 before the election could be held.

Three Little Rock attorneys, Scott Trotter, Larry Page and Richard Atkinson, filed suit against the convention saying the ballot title was not sufficiently clear, the convention conflicted with the one-man, one-vote theory and encroached on the people's right to change government and there is no emergency for such a convention.

Judge Brantly disagreed with all arguments but the emergency clause. Her ruling against the emergency clause also had nothing to do with the trio of attorneys arguments.

Brantly stated in her ruling the reason for the emergency was not clearly stated in the legislation. She said an emergency may be present, but was not mentioned in the clause.

According to Max Parker, with the governor's office, this could cause problems later on. Parker said one- third of all legislation passed contains an emergency clause. It takes a two-thirds vote to pass any legislation with such a clause as well.

The fundamental reason for emergency clauses are to speed up the process and get them into law faster.

Now, any legislation passed containing an emergency clause must specify the emergency or the documents can be held up for months before coming into effect.

Brantly cited a West Memphis city ordinance as the basis for her ruling against the special election. The ordinance was upheld by the Arkansas Supreme Court because the court found the emergency clause in the ordinance was not specified and clearly stated.

Brantly gave attorneys on both sides of the issue until Thursday, Nov. 16 to bring an emergency clause she says will work, or she would write it herself.

Now, however, the case is being appealed to the Arkansas Supreme Court to try and expedite the matter and get the election process underway.

"There's no way to predict what the court will do," Parker said. "I think they're aware of the `limbo' the delegates are in"

Along with the delegates, the counties are also in a quandary. County Clerks must get the county election machine geared up for the election. This includes getting the legal notices printed, having the ballots printed and establishing polling locations. "This can't be done until a decision is made," Parker said.

On the other hand, the worst thing which can happen to the delegates is they will travel their respective districts, meet constituents, hear their concerns, ideas and suggestions and develop a base of knowledge that will help them at some point, Parker said.

"These people are obviously interested in their community and state," she continued. "The best thing they can do is consider themself candidates and run accordingly. They need to be flexible and roll with the barriers that get in their way."

However, if the state's highest court does not hear the issue soon enough to get the election process underway, this means the legislature will have to reconvene in special session on the constitutional convention issue.

This also means more delays for everyone involved. All dates for the special election and the convention itself will have to be changed to meet legal requirements.

According to Parker, several "hot button" issues were left in the proposed constitution intentionally. She said this was done so the delegates can create a document where there will be a vast concensus for the people.

"Special interest groups will want to use this to put the "hot button" issues in," she said. "But everyone says they agree with the working draft as it is."