Bryan Norris, on Behalf of Himself and All Similarly Situated Persons; Arkansas Voter Integrity Initiative, Inc.; And Restore Election Integrity Arkansas, a Ballot Question Committee v. Independence County, Arkansas; Tracey Mitchell, in Her Official Capacity as County Clerk; Jennifer Emery, Frances Haigwood, and Wendy Henry, Each in Their Official Capacities as Election Commissioners; And Johnathan Abbott, Cliff Barnett, Brad Covington, Brent Henderson, Kenny Hurley, Johnny McMullin, Tammy Pearce, Dennis Stephens, and Tim Stewart, Each Personally and in Their Official Capacities as Justices of the Peace and State of Arkansas Ex Rel. Tim Griffin, in His Official Capacity as Attorney General of Arkansas
── Bryan Norris, on Behalf of Himself and All Similarly Situated Persons; Arkansas Voter Integrity Initiative, Inc.; And Restore Election Integrity Arkansas, a Ballot Question Committee v. Independence County, Arkansas; Tracey Mitchell, in Her Official Capacity as County Clerk; Jennifer Emery, Frances Haigwood, and Wendy Henry, Each in Their Official Capacities as Election Commissioners; And Johnathan Abbott, Cliff Barnett, Brad Covington, Brent Henderson, Kenny Hurley, Johnny McMullin, Tammy Pearce, Dennis Stephens, and Tim Stewart, Each Personally and in Their Official Capacities as Justices of the Peace and State of Arkansas Ex Rel. Tim Griffin, in His Official Capacity as Attorney General of Arkansas ──
Court: Supreme Court of Arkansas
Date: April 30, 2026
Category: General
Cite as 2026 Ark. 91
SUPREME COURT OF ARKANSAS
No. CV-26-116
Opinion Delivered: April 30, 2026
BRYAN NORRIS, ON BEHALF OF
HIMSELF AND ALL SIMILARLY APPEAL FROM THE
SITUATED PERSONS; ARKANSAS INDEPENDENCE COUNTY
VOTER INTEGRITY INITIATIVE, CIRCUIT COURT
INC.; AND RESTORE ELECTION [NO. 32CV-26-55]
INTEGRITY ARKANSAS, A BALLOT
QUESTION COMMITTEE HONORABLE TIM WEAVER, JUDGE
APPELLANTS
REVERSED AND REMANDED.
V.
INDEPENDENCE COUNTY,
ARKANSAS; TRACEY MITCHELL,
IN HER OFFICIAL CAPACITY AS
COUNTY CLERK; JENNIFER
EMERY, FRANCES HAIGWOOD,
AND WENDY HENRY, EACH IN
THEIR OFFICIAL CAPACITIES AS
ELECTION COMMISSIONERS; AND
JOHNATHAN ABBOTT, CLIFF
BARNETT, BRAD COVINGTON,
BRENT HENDERSON, KENNY
HURLEY, JOHNNY MCMULLIN,
TAMMY PEARCE, DENNIS
STEPHENS, AND TIM STEWART,
EACH PERSONALLY AND IN THEIR
OFFICIAL CAPACITIES AS JUSTICES
OF THE PEACE
APPELLEES
AND
STATE OF ARKANSAS EX REL. TIM
GRIFFIN, IN HIS OFFICIAL
CAPACITY AS ATTORNEY
GENERAL OF ARKANSAS
INTERVENOR-APPELLEE
CODY HILAND, Associate Justice
This case presents a significant constitutional question concerning the Arkansas
General Assembly’s authority to create, expand, or diminish the jurisdiction of Arkansas
courts. Bryan Norris challenges Act 975 of 20251 under Amendment 80 of the Arkansas
Constitution and the separation of powers doctrine. In Act 975, the General Assembly
purported to strip Arkansas circuit courts of their constitutionally assigned original
jurisdiction over facial constitutional challenges to state laws and confer that jurisdiction
solely on the Arkansas Court of Appeals—a constitutionally limited appellate court. The
Arkansas Constitution alone forecloses that effort. Amendment 80 preserves the original
jurisdiction of the circuit courts, confines the court of appeals to appellate jurisdiction, and
vests this court with authority over the judiciary. Act 975 contravenes those constitutional
limits. It is therefore unconstitutional, and we reverse and remand for further proceedings
consistent with this opinion.
I. Factual and Procedural Background
In 2024, voters in Independence County enacted a new ordinance requiring
elections to be conducted using hand-marked, hand-counted paper ballots.2 The first
election under this new process was set for the March 2026 primary. After more than a
1
Codified at Ark. Code Ann. § 16-13-201(a) (Supp. 2025); see also Ark. Sup. Ct. R.
1-2 and 2-4(b) & (d) (West 2026). We note that the versions of Rules 1-2 and 2-4 reflecting
section 16-13-201(a) appear only in post-November 1, 2025, publications.
2
We recently opined on the initial validity of this ballot measure in Mitchell v. Norris,
2024 Ark. 148, 698 S.W.3d 361, holding that the ballot title was sufficient and affirming
the circuit court’s order to certify the measure to the Independence County Election Board.
2
year, however, the Independence County Quorum Court voted to rescind the ordinance
pursuant to its authority under Arkansas Code Annotated section 14-14-918(b).3
On February 6, 2026, Bryan Norris filed suit against Independence County, as well
as the election commissioners and justices of the peace who permitted the rescission of the
ordinance. His complaint asserted four claims: (1) that the quorum court lacked authority
to nullify a successful citizen-led initiative; (2) that Arkansas Code Annotated section 14-
14-918(b) is facially unconstitutional; (3) that the quorum court’s actions violated the
Arkansas Civil Rights Act of 1993; and (4) that a writ of mandamus should issue compelling
enforcement of the voter-adopted ordinance.
The county moved to dismiss
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}