August 28, 2016

Election commissioner questions Democratic candidates' eligibility in Jefferson County

A little-known state law requiring county clerks to notify political party committees that they need to submit a list of candidates they have certified for the general election has raised questions about whether Democratic Party candidates for city and county offices should be on the ballot.

During a meeting of the Jefferson County Board of Election Commissioners Friday night, Commission Secretary Stu Soffer said the law requires the county clerk to notify the chair and secretaries of the parties by registered mail at least 100 days before the election so that the candidates' names can be placed on the ballot.

The county committees are told to provide the list of certified candidates at least 90 days before the general election, which would have been Aug. 10.

A second section of the same law, however, provides that if the county chairmen or secretaries are not properly notified, they have an opportunity to correct the clerk’s failure to notify them by submitting a list of certified candidates at least 75 days before the election, which would have been Thursday.

Read more: http://www.pbcommercial.com/news/20160827/election-commissioner-questions-democratic-candidates-eligiblity

August 28, 2016

Mural of assassin Oswald on Dallas building draws scrutiny

DALLAS (AP) — A nearly two-story mural of assassin Lee Harvey Oswald recently painted on a Dallas building is drawing criticism for being insensitive.

The mural outside a barbershop features Oswald's black-and-white portrait. He lived in the neighborhood and the owner of the barbershop, Christian Avanti, says the mural is meant only to reflect the neighborhood's history and isn't an homage. Avanti says it wasn't meant to upset people.

The area is part of an arts district featuring a variety of murals. The Bishop Arts District Merchants Association says what property owners choose to paint on their buildings is up to them.

Neighbor Jeanie DeLeon tells KXAS-TV that the mural hurts efforts to promote the district.

http://bigstory.ap.org/article/c07ec603eabc4a62b9414798fc337591/mural-assassin-oswald-dallas-building-draws-scrutiny

August 28, 2016

Attorney general's dad gets Arkansas board position

LITTLE ROCK—The Arkansas Board of Election Commissioners has voted to hire the father of state attorney general Leslie Rutledge to serve as the board's new executive director.

Keith Rutledge was hired Thursday, the Arkansas Democrat-Gazette reports. The board monitors, educates and assists local officials in conducting elections.

Rutledge is a former lawyer, circuit court judge and state drug director.

The board interviewed four candidates, including Rutledge, for the position during an executive session. The meeting was opened to the public and Commissioner Stu Soffer made the motion to hire Rutledge. No public discussion was allowed on the matter.

Read more: http://www.texarkanagazette.com/news/arkansas/story/2016/aug/27/attorney-generals-dad-gets-arkansas-board-position/637583/

August 28, 2016

Wal-Mart is taking Texas to court over alcohol sales

HOUSTON—Wal-Mart's court fight to sell liquor at its stores in Texas looks to be back on track, but the courtroom is getting crowded.

A federal appeals court is allowing a trade group representing liquor store operators to join a stalled federal lawsuit that the nation's largest retailer filed against the Texas agency that hands out permits to sell booze by the bottle. In trying to crack Texas' restrictions on package liquor licenses, some dating to the end of Prohibition, Wal-Mart contends that some of the Texas Alcoholic Beverage Commission's rules amount to unconstitutional discrimination.

Austin-based U.S. District Judge Robert Pitman had set the suit for trial next month, but everything stopped in May when the Texas Package Stores Association, representing about 2,500 existing liquor store retailers, got a green light from an appeals court to move forward with challenging Pitman's refusal to let them intervene on the side of the beverage commission.

A panel of the 5th U.S. Circuit Court of Appeals overturned Pitman's ruling last week and let the association join the lawsuit, saying the trade group had a "protectable interest that may be impaired or injured" in the outcome. Pitman now must set a new trial date.

Read more: http://www.texarkanagazette.com/news/texas/story/2016/aug/28/wal-mart-taking-texas-court-over-alcohol-sales/637787/

August 28, 2016

Singing along with a legislative caucus. Is it in tune with ethics law?

An invitation to some karaoke by the House Republican Caucus reached my desk. Contributions are being sought ($50) to the caucus. Food and drink will be available, but participants must pay for their own. Is this a handy way to put lobbyists with legislators in a way safely outside the reach of the cheesecloth ethics amendment that was supposed to end lobbyist/legislator wining and dining, but didn't?

I did some inquiring at the state Ethics Commission. Not, mind you, about this specific event. Here's what Graham Sloan, director of the commission, had to say about my general inquiry.



So, if the House Republican Caucus is registered as a PAC, it can accept corporate/lobbyist/and other contributions. But it must file a report of its contributions. The contributions are subject to limits. It may spend the money on candidates and ballot questions. But, if it is not a registered PAC, it might be running afoul of the supposed rule against gifts to legislators by lobbyists and people who employ them.

I checked the most recent secretary of state listing of registered PACs and don't see a House Republican Caucus, though perhaps there's a nomenclature difference that explains otherwise. House Speaker Jeremy Gillam hasn't responded to a question I sent him. Perhaps somebody will want to get some clarification before the karaoke machine warms up.

Read more: http://www.arktimes.com/ArkansasBlog/archives/2016/08/27/singing-along-with-a-legislative-caucus-is-it-in-tune-with-ethics-law

August 28, 2016

Arkansas companies challenge youth services contract proposals

LITTLE ROCK — Two Arkansas companies that operate seven Youth Services Division facilities submitted protests Friday to the state’s intention to award a contract to run the facilities to an out-of-state company that has said it will charge the state more than the current operators charge.

Every seven years, the state is required to seek proposals from organizations interested in operating the juvenile treatment and juvenile offender facilities. Department of Human Services spokeswoman Amy Webb said it has been eight years since bids were taken because of a previous one-year extension.

A DHS evaluation committee reviewed the proposals and scored them based on how well they met a list of technical criteria. The state Department of Finance and Administration’s Office of State Procurement then took the scores and the bid amounts into consideration before announcing earlier this month it intended to award a contract to Youth Opportunity Investments of Carmel, Ind., to operate seven facilities.

DF&A intends for the Arkansas Juvenile Assessment and Treatment Center near Alexander to continue to be operated by Rite of Passage of Minden, Nev.

Read more: http://www.swtimes.com/news/20160827/arkansas-companies-challenge-youth-services-contract-proposals

August 28, 2016

Arkansas medical marijuana supporters seek dismissal of lawsuit

LITTLE ROCK — A group pushing for the legalization of medical marijuana in Arkansas asked a judge Thursday to dismiss a lawsuit challenging its ballot measure on the issue.

Arkansans for Compassionate Care, whose proposed initiated act to legalize medical marijuana has been approved for the November ballot, filed motions with the Arkansas Supreme Court asking to be allowed to intervene in, and asking the court to dismiss, a suit filed Wednesday by a coalition of groups opposed to legalizing medical marijuana in the state.

The suit by Arkansans Against Legalizing Medical Marijuana against Secretary of State Mark Martin alleges that Martin improperly approved the measure’s ballot title and asks the Supreme Court to strike the measure from the ballot.

In its motion to dismiss Thursday, Arkansans for Compassionate Care said the suit makes legal conclusions but does not cite facts to show how specific parts of the proposal may be deficient.

Read more: http://www.swtimes.com/news/20160826/arkansas-medical-marijuana-supporters-seek-dismissal-of-lawsuit

August 28, 2016

Still no cash for Sanders' 4; checks in mail, state party says

Supporters of former presidential candidate Bernie Sanders say the Democratic Party of Arkansas broke its promises and withheld financial support it had publicly promised to provide.

Party spokesman H.L. Moody acknowledged his organization missed the payment deadline it had set but said the problem now has been addressed.

"The checks have been mailed and we apologize for the late nature of the checks, and once {the Sanders supporters} get them hopefully we can put this story to rest," he said Thursday.

Last month, three Sanders delegates to the Democratic National Convention and one pro-Sanders member of the convention's Rules Committee claimed that they had been denied the $250-per-person subsidies that were provided to other Arkansas Democratic activists who traveled to Philadelphia.

Read more: http://www.arkansasonline.com/news/2016/aug/26/still-no-cash-for-sanders-4-checks-in-m/?f=news-politics

August 28, 2016

State bar forms group to fight issue on ballot that limits non-economic damages on tort claims

The Arkansas Bar Association formed a ballot committee Friday opposing a proposed constitutional amendment to limit attorneys' fees and noneconomic damages in medical care lawsuits, the group said Friday.

The Fairness for Arkansans ballot committee was formed following a vote by the association's House of Delegates to oppose the measure. It is the second ballot committee set up to campaign against the measure ahead of the Nov. 8 general election. The other committee has received its support entirely from attorneys.

The proposed amendment -- which would limit attorneys' fees to one-third of damages in suits against medical care providers and require the Legislature to set a maximum cap of at least $250,000 for "pain and suffering" awards -- is supported by a contingent of nursing home and care facilities, doctors and pharmacists.

Groups set up to campaign for and against ballot measures must register with the Arkansas Ethics Commission and report their finances every month. On Friday evening, the Ethics Commission listed no documents for the Bar Association's ballot committee.

Read more: http://www.arkansasonline.com/news/2016/aug/27/state-bar-forms-group-to-fight-issue-on/?f=news-politics

August 28, 2016

Johnson County bid on alcohol faces suit

A group opposing the effort to allow alcohol sales in Johnson County has filed a lawsuit challenging the certification of petitions to put the question on the county's general election ballot.

A hearing on the lawsuit filed by the Stand Strong Stay Dry Be Safe Committee and five Johnson County residents has been scheduled for 9 a.m. Wednesday in Johnson County Circuit Court before Judge William Pearson.

Circuit Court documents show the challenge was filed Aug. 19 by the committee that waged a campaign opposing the election. County residents Aaron Davis, Casey Hardin, Michael Troup and Elva Hampton also were named as plaintiffs with the committee.

In its organizational statement with the Arkansas Ethics Commission, the Stand Strong Stay Dry Be Safe Committee listed its chairman and treasurer as Charles Bosley of Lamar. Bosley is the owner of Blackwell Liquor at 10 Fish Lake Road in Conway County.

Read more: http://www.arkansasonline.com/news/2016/aug/27/johnson-county-bid-on-alcohol-faces-sui-1/?f=news-politics