Judge orders early voting location for WM

Lawsuit filed against Election Commission to open second site for county voters

By DONALD WILBURN

donaldfwilburn@gmail.com

Circuit Judge Chris Thyer issued an order on Monday for election of_cials in Crittenden County to conduct early voting at a church in West Memphis for the upcoming general election in November. This order comes after a lawsuit was _led by West Memphis residents Shirley P. Brown and Lavonda L. Taylor against the three-member Crittenden County Board of Election Commissioners, Frank Barton, James Pulliaum and Anita Bell.

Judge Thyer’s order mandated that early voting should take place at the Seventh Street Church of Christ, located at 899 N. Seventh St., in West Memphis. However, Thyer did not compel of_cials to hold early voting at two other sites in West Memphis – First Baptist Church, where early voting was held in 2022, and the frequently suggested West Memphis Library.

At a meeting on Aug. 23, Barton and fellow board member Anita Bell, who are both Republicans, voted to relocate early voting in West Memphis to the new public library. On the other hand, James Pulliaum, a Democrat, opposed the decision. Minutes from the meeting indicate that Pulliaum raised worries about restricted electioneering, while the petition mentioned concerns about accessibility, traf_c, parking, and the library’s availability for all early voting days.

Before Judge Thyer’s order was handed down, West Memphis Mayor Marco Mc-Clendon raised concerns over not having an early voting location in his city stating, “I’m very disappointed, West Memphis is the largest city in the county and should have a polling location. I feel like this is voter suppression. Whether you are a Democrat or Republican everyone should have the chance to vote. We are one city, not a divided city. We have a lot of local issues on the ballot and whether you are for it or against it, give people the opportunity to exercise their constitutional duty and have their voice heard.”

The lawsuit, _led on Sept. 19, raised questions regarding electoral laws and the location of early voting sites. With the general election approaching in just over a month, the issue of early voting locations has become a point of contention between election and city of_cials as well as concerned residents.

West Memphis, with a population of around 24,000, is the largest municipality in Crittenden County, although Marion serves as the county seat with a population of about 14,000. Republican of_cials have identi_ed West Memphis and Marion as potential areas to win over

See VOTING, page A2

BARTON

BELL

PULLIAUM VOTING

From page A1

traditionally Democratic strongholds in the upcoming election.

One of the key points of contention in the lawsuit was the authority of Crittenden County Clerk Paula Brown to establish the Seventh Street Church of Christ as an early voting location. Chairman of the Board of Election Commissioners, Frank G. Barton III, argued that Brown did not have the authority to make this decision, leading to the lawsuit.

In his order, Judge Thyer cited Arkansas Code 7-5-418(a) (1)(A), stating that county clerks have the authority to designate early voting locations. The judge argued that the statutes regarding electoral laws should be interpreted liberally in favor of the right to vote, especially considering the poor conditions of the Crittenden County Courthouse in Marion, which can pose obstacles for people with mobility issues.

Thyer highlighted the legislative intent behind Act 269 of 2003, stating that the Arkansas Legislature intended to grant county clerks the power to establish early voting sites outside of the county seat. As a result, he ordered the commission to conduct early voting at the Seventh Street Church of Christ, following a similar manner to the 2022 general election.

The judge declined to compel the commission to take any action regarding early voting at the First Baptist Church or the West Memphis Library, stating that the discretion afforded to the commission by the legislature was clear and unambiguous.

West Memphis is divided between Districts 35 and 63. The lawsuit and subsequent court order have implications for the upcoming general election in Crittenden County, where Democratic Rep. Milton Nicks Jr.’s House seat is up for grabs. Candidate Robert Thorne Jr is vying to flip the seat as the Republican Candidate for District 35. With District 63 Democratic incumbent Deborah Ferguson, retiring, Hughes Mayor Lincoln Barnett (D) and Tammi Northcutt Bell (R) of West Memphis are competing for her seat.

Despite the judge’s suggestion that the parties appeal the decision, the plaintiffs have expressed satisfaction with the outcome. The defendants, however, have not indicated whether they intend to challenge the ruling.