On August 2, Baxter County Circuit Judge Andrew Bailey issued a ruling in a case concerning a petition for a referendum on a short-term rental ordinance in the City of Norfork. The ruling mandates that the petition be placed on the ballot for the November general election.
The complaint, filed at the end of June by three Norfork residents, sought a court order requiring Baxter County Clerk Canda Reese to place the referendum petition on the November ballot. Their petition challenged an ordinance passed by the Norfork City Council on August 15, 2023, which allowed short-term rentals in all zoning districts within city limits.
Under the Arkansas Constitution, petitions for referendums must be signed by at least 15 percent of the voters from the last mayoral election and submitted within 30 days of an ordinance’s passage. The petitioners gathered 27 signatures, which were initially acknowledged by City Recorder Hannah Martin on September 11, 2023.
However, on November 1, 2023, Reese disqualified the petition, citing the signature page did not include the full language of the petition. Despite this, the petition was corrected and refiled within eight days. Reese initially deemed the revised petition sufficient and confirmed it would appear on the November ballot. Yet, on December 8, 2023, she reversed this decision, arguing the corrected petition had not been properly filed with the City of Norfork before being submitted to her office.
In their filing, the plaintiffs asked the court to readdress the issue and that a writ of mandamus should be issued directing Reese to certify the corrected petitions, allowing them to be placed on the November 2024 ballot.
Reese argued the original petition was legally void, and no “amended” petition could be filed.
In his ruling, Judge Bailey determined the amended petition was timely filed and that the clock for deadlines began once the Clerk notified the sponsors of the insufficiency. Despite the City’s argument that discussions in city council meetings put sponsors on notice, Judge Bailey held that the Clerk’s notice governed the deadline.
Judge Bailey also issued a writ of mandamus requiring Reese to certify the petition and place the issue on the ballot. He dismissed all other parties from the action and denied additional relief requests.
In a statement from Reese, she says she is frustrated because the Arkansas Constitution and the Arkansas Code are both so vague in addressing the issue of municipal petitions. She says, “I made the best decision I could, based on what the law says and the counsel I received. We will now move forward, and get the issue on the ballot as the Judge has instructed.”
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