Arkansas Supreme Court Orders State to Count Abortion Rights Signatures

Abortion rights advocates in Arkansas were cautiously optimistic Tuesday evening that the state government would count the signatures of more than 100,000 residents who signed petitions in support of an anti-forced pregnancy constitutional amendment, after the Arkansas Supreme Court issued a limited order calling on the secretary of state to begin the process.

Secretary of State John Thurston, a Republican, moved earlier this month to disqualify the petition that advocates had spent months gathering signatures for, claiming organizers had failed to provide information about paid signature-gatherers who had worked on the campaign run by Arkansans for Limited Government (AFLG).

On Tuesday evening, the court ruled that Thurston must begin "the initial count of signatures collected by volunteer canvassers according to A.C.A. 7-9-126(a)," but said nothing about whether signatures gathered by paid workers needed to be counted.

The order did not indicate whether Thurston is required to begin the second stage of the tallying process, in which his team would verify that the signatures are accurate and belong to Arkansas voters.

That stage would begin a "cure" period during which AFLG would be allowed to continue collecting signatures.

"We are heartened by this outcome, which honors the constitutional rights of Arkansans to participate in direct democracy."

AFLG turned in more than 101,000 signatures in time for the July 5 deadline, including an estimated 87,382 that were collected by volunteers and 14,143 gathered by paid workers, according to the Arkansas Times.

The state requires a petition for a constitutional amendment to have at least 90,704 signatures to qualify for the November election ballots—so if Thurston is required to count only the signatures collected by volunteers and does not have to initiate the cure period, AFLG's petition may fall short.

The state Supreme Court did leave open the possibility of an additional ruling on the matter, saying the panel "reserves the right to issue further orders and proceed in accordance with state law."

Despite the uncertainty, AFLG said in a statement that "the will of the people won" this round of the fight to ensure Arkansas residents can vote for abortion rights in November.

"On behalf of 101,000 Arkansas voters, 800 volunteers, and the AFLG team, we thank the court for upholding democracy in Arkansas," said the group. "We are heartened by this outcome, which honors the constitutional rights of Arkansans to participate in direct democracy, the voices of 101,000 Arkansas voters who signed the petition, and the work of hundreds of volunteers across the state who poured themselves into this effort."

The amendment proposed by AFLG would state that the Arkansas government "shall not prohibit, penalize, delay, or restrict abortion services within 18 weeks of fertilization" or in the cases of rape, incest, or "fatal fetal anomaly."

The pro-democracy group For AR People said the court's ruling was "a good start" and noted that at least three of the court's seven judges—Justices Courtney Hudson and Karen Baker and Chief Justice Dan Kemp—seemed "favorable to AFLG's arguments" that the count, the verification process, and the cure period should commence.

Matt Campbell of the Arkansas Times pointed out that AFLG could legally continue gathering signatures as they would during the cure period, before one officially begins.

"Just because a cure period was not explicitly granted doesn't mean AFLG cannot currently be gathering signatures," said Campbell. "The cure period just officially starts the clock, but signatures can be collected before that clock starts and still be valid."

AFLG said that although the matter is not entirely resolved, the court's decision was "reflective of our state motto: 'The People Rule.'"

"We look forward to that principle guiding the rest of the signature verification process," the group said.