Appeals Court Issues Administrative Stay in Arkansas ‘Wet Signature’ Lawsuit

Background

A federal appeals court has issued an administrative stay in a lawsuit challenging Arkansas's "wet signature" requirement for absentee ballots, temporarily blocking a lower court's order that would have allowed voters to cast their ballots without a wet signature.

The lawsuit, filed by the American Civil Liberties Union (ACLU) and the Campaign Legal Center, argued that the wet signature requirement violated the Voting Rights Act and the Equal Protection Clause of the Constitution.

The Court's Decision

The Eighth Circuit Court of Appeals granted the stay, which will remain in effect until the court can fully consider the state's appeal of the lower court's ruling.

In its order, the court said that it was "not persuaded that the district court erred in concluding that the wet signature requirement is likely unconstitutional." However, the court also said that it was "not convinced that the district court correctly concluded that the public interest favors allowing the challenged provisions of the Election Law to remain in effect pending a final decision on the merits of this appeal."

The State's Response

Arkansas Attorney General Leslie Rutledge said that she was "pleased" with the court's decision to grant the stay.

"The Eighth Circuit recognized the importance of having a secure and fair election process," Rutledge said. "We will continue to defend the state's election laws and ensure that every eligible voter can cast their ballot in a secure and accessible manner."

The ACLU's Response

ACLU attorney Scott Michelman said that he was "disappointed" by the court's decision to grant the stay.

"The wet signature requirement is an unnecessary burden on voters that will make it harder for people to participate in the upcoming election," Michelman said. "We will continue to fight to ensure that every eligible voter can cast their ballot without being asked to jump through unnecessary hoops."

The Impact of the Stay

The stay will remain in effect until the Eighth Circuit Court of Appeals issues a final decision on the merits of the state's appeal.

In the meantime, voters who wish to cast an absentee ballot in Arkansas will still be required to provide a wet signature.