Arkansas Judicial Redistricting Challenge

Lawsuit filed on behalf of the Christian Ministerial Alliance, Arkansas Community Institute and Black voters against the state of Arkansas, Gov. Asa Hutchinson (R), Secretary of State John Thurston (R), Attorney General Leslie Rutledge (R), the Arkansas Board of Apportionment and the Arkansas Board of Election Commissioners. The plaintiffs challenge the method of electing judges to the Arkansas Court of Appeals and Arkansas Supreme Court. The plaintiffs argue that the at-large system used to elect state Supreme Court justices and the combined single-member and multi-member districts used to elect judges to the Arkansas Court of Appeals violate Section 2 of the Voting Rights Act (VRA) by diluting the voting strength of Black voters in Arkansas. The plaintiffs request that the court declare these electoral methods in violation of the VRA and set deadlines for Arkansas to adopt new election methods for the Arkansas Supreme Court and Arkansas Court of Appeals that comply with the VRA. 

In February 2021, the court dismissed the claims against the state of Arkansas, the Board of Election Commissioners and the Board of Apportionment, holding that the claims against these entities are barred by sovereign immunity. The plaintiffs’ claims against the remaining defendants moved forward at trial, which was held on April 25, 2022.

On July 25, 2023, the case was dismissed. In August 2023, the Christian Ministerial Alliance asked the judge to reconsider this decision. The judge agreed to pause the case until the 8th U.S. Circuit Court of Appeals decided Arkansas State Conference NAACP v. Arkansas Board of Apportionment. In that case, the 8th Circuit determined there is no private right of action under Section 2 of the Voting Rights Act.

RESULT: On Aug. 14, 2024, the judge denied the motion for reconsideration. The election methods for Arkansas Court of Appeals and Arkansas Supreme Court will remain in place.

Last updated: August 14, 2024 4:36 pm EST