Columbia County votes wet after 71 years

We're proud of client Vote for Growth in Columbia County, whose local option campaign resulted in a 56%-44% win on November 4. As in 2010, the wet day foreshadowed the wet vote. Columbia County joins Saline County as newly-wet counties, bringing the total number of wet counties in Arkansas to 40. 35 counties remain dry.

The Arkansas Times has a report on the alcohol elections that took place in Arkansas earlier this week, including the failure of the statewide ballot initiative to make the entire state wet. The measure failed in all but 6 counties.

I've helped several counties with varying aspects of the local option process over the last five years, including Boone, Clark, Columbia, and Sharp Counties. Benton and Madison Counties voted wet in 2012 with Walmart support.

A local option election requires collecting signatures from 38% of registered voters in the county for submission to the county clerk. I've previously written an overview of the process, and we have several blog posts on local options/Vote for Growth and general election law for additional reading.

Today is Election Day – Please Vote!

“A man without a vote is a man without protection.” — Lyndon B. Johnson.

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There are a ton of interesting and important races on the ballot this election cycle. We have one of two U.S. Senate seats up for grabs today, and the winner will head to the U.S. Capitol (pictured above).

Meanwhile, in Arkansas, the constitutional offices are closely contested. Governor, Lt. Governor, Attorney General, Secretary of State, and many others have seen tight polling over the last few weeks. Quite a few House seats are close, including one sought by a long-time friend, Jeremy Ross.

Many state races, including our local house race between incumbent Richard Womack and challenger Damon Daniels, have turned into a de facto referendum on President Obama's policies — particularly the Affordable Care Act. It will be interesting to see how Arkansas handles Medicaid expansion, since Arkansas is one of few southern states to see a substantial drop in the percentage of uninsured. Here in Clark County, we went from 25% uninsured to 13% uninsured — a 12% drop. That's phenomenal. 

There are 5 issues on the statewide ballot, and you can see my thoughts on those elections here. Two counties are holding local option elections (links to results for Columbia and Saline Counties) in an attempt to change from dry to wet. If Issue 4 on the statewide ballot passes, the whole state will go wet. That would certainly be in line with what's happened in Arkansas over the past 6 years on a county-by-county basis; however, it would make Arkansas somewhat of an outlier in the South, since most other Southern states have similar wet/dry laws. I wonder if, as it did in 2010, if today's wet weather foreshadows the results of these wet/dry elections?

Out in Virginia, Hilary's brother, Brad Martin, is running for a seat on the Virginia Beach City Council.

I'll be watching closely as the evening progresses. Here's the link to the Arkansas Secretary of State's website, where voting will be reported once the polls close. Good luck to all the candidates out there.

What races have you most interested in this election?

Halloween safety tips

Lego Movie jack'o'lantern

It's that time of year again! Many of you will probably be trick-or-treating with loved ones over the next few days.

The most comprehensive list of Halloween safety tips is here. It includes tips on costume safety, food safety, protecting your children, pet safety, instructions for motorists, and general holiday safety tips.

Here are some more tips from the CDC:

• Swords, knives, and similar costume accessories should be short, soft, and flexible.
• Avoid trick-or-treating alone. Walk in groups or with a trusted adult.
• Fasten reflective tape to costumes and bags to help drivers see you.
• Examine all treats for choking hazards and tampering before eating them. Limit the amount of treats you eat.
• Hold a flashlight while trick-or-treating to help you see and others see you. Always WALK and don't run from house to house.
• Always test make-up in a small area first. Remove it before bedtime to prevent possible skin and eye irritation.
• Look both ways before crossing the street. Use established crosswalks wherever possible.
• Lower your risk for serious eye injury by not wearing decorative contact lenses.
• Only walk on sidewalks whenever possible, or on the far edge of the road facing traffic to stay safe.
• Wear well-fitting masks, costumes, and shoes to avoid blocked vision, trips, and falls.
• Eat only factory-wrapped treats. Avoid eating homemade treats made by strangers.
• Enter homes only if you're with a trusted adult.
• Never walk near lit candles or luminaries. Be sure to wear flame-resistant costumes.Provide healthier treats for trick-or-treaters such as low-calorie treats and drinks. For party guests, offer a variety of fruits, vegetables, and cheeses.
• Use party games and trick-or-treat time as an opportunity for kids to get their daily dose of 60 minutes of physical activity.
• Be sure walking areas and stairs are well-lit and free of obstacles that could result in falls.
• Keep candle-lit jack-o'lanterns and luminaries away from doorsteps, walkways, landings, and curtains. Place them on sturdy tables, keep them out of the reach of pets and small children, and never leave them unattended.
• Remind drivers to watch out for trick-or-treaters and to drive safely.

Happy Halloween from the Chaney Law Firm!

Annual JLAP dinner scheduled for October 30

The annual Arkansas Judges & Lawyers Assistance Program Advocates Dinner is October 30 at 6 pm at the Governor's Mansion.

Hilary volunteers for Arkansas JLAP, which provides free treatment for lawyers, judges, and family members suffering from mental illness, addiction, and a variety of other illnesses.

We'd love to see you there.

A lawyer's take on the proposed amendments to the Arkansas Constitution

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Today marks the first day of early voting. As a lawyer, I think I have a duty to discuss with my friends the meaning and implications of proposed changes to the law on the ballot.

The short version: NO on Issues 1 and 2; YES on Issues 3, 4, and 5.

Now for the long version. The legislature has the right to propose 3 constitutional amendments every 2 years, as follows:

Proposed Amendment No. 1 (referred by the Legislature):

Proposed Amendment No. 1 provides for review and approval by the Legislature of administrative rulemaking. I am voting no. I think legislative interference with administrative rulemaking takes power away from professionals and makes it part of the political process. This will further slow down the administrative process, which is already slow because it requires notice of proposed rulemaking by the legislative body that in turn permits public comment. Besides, if the Legislature doesn't like the way its laws are interpreted through administrative rulemaking, it means the law needs to be rewritten with greater clarity. I think this is a legislative power grab and, as such, is unwise. I voted no because there is no upside unless you're a legislator.

Proposed Amendment No. 2 (referred by the Legislature):

Proposed Amendment No. 2 sets additional limits on citizens who try to petition for constitutional or legislative amendments. Petitioning is the very first right reserved to the people in the Arkansas Constitution (see below for examples – 2 citizen proposals are on the ballot). It is the way the citizens propose new laws when they don't like what the government is doing. Here, the legislature is trying to limit citizens' access to government. Like Issue No. 1, I believe this is an unwise legislative power grab. I voted no.

Proposed Amendment No. 3 (referred by the Legislature):

Proposed Amendment No. 3 is really several issues in one. It contains much needed campaign finance reform, like prohibiting gifts from lobbyists and restricting legislators from becoming lobbyists for two years after elected service. It creates an independent commission to set salaries of elected constitutional officers (e.g., governor, legislators, secretary of state, judges, etc.). Finally, it extends term limits for the legislature. This amendment was a compromise between several different factions in the legislature. I voted yes because I think campaign finance reform was needed, and after speaking with legislators on both sides of the aisle, I think having legislators with additional institutional knowledge may be beneficial to the Legislature as a whole.

Proposed Amendment No. 4 (by petition of the people):

As indicated above, citizens have petitioned to get two issues on the ballot. The first is Proposed Amendment No. 4, a proposed amendment to the Arkansas Constitution that repeals initiated acts from 1935 and 1942, which established the procedure for making counties wet or dry with respect to alcohol sales. According to USA Today, in 2009 Arkansas was dead last in clarity of alcohol laws. This amendment would eliminate dry counties altogether, but would maintain laws and regulations about alcohol sales and service (e.g., liquor stores at least 1000 feet from churches and schools). I voted yes, even though part of my practice involves helping counties make the transition from dry to wet.

Proposed Issue No. 5 (by petition of the people):

Proposed Issue No. 5 deals with the minimum wage. It will increase from $6.25/hour now to $8.50/hour in 2017. Like the alcohol issue, Arkansas lags behind the rest of the nation on minimum wage. I voted for it, because more money in the pockets of working Arkansans means fewer people on public assistance.

These are just my views. Even if you disagree, please go vote. It's the most important right we have as Americans.