Wahala dey for Arkansas politics as one judge don throw out one election lawsuit with serious slap. The case wey Bryan Norris file to challenge the Republican primary runoff results for Secretary of State don scatter for court just five hours after dem file am.
Judge Tim Fox of Pulaski County Circuit Court dismiss the case without prejudice on Thursday. The judge talk say Norris and him lawyer, Clint Lancaster, no follow the correct procedure at all. The judge yarn say the case suppose dey filed for Saline County, where the election happen, and not for Pulaski County.
“All of the defendants reside in Saline County,” Judge Fox write for the order. “All of the witnesses reside in Saline County. The election was conducted in Saline County. The election materials are all physically maintained in Saline County.” Because of this mistake, the court say dem no get jurisdiction to hear the matter.
But the judge no stop there. Him still point out other errors wey make the case weak. Norris only submit verification for the complaint, but state law require affidavit. Judge Fox explain say verification and affidavit na two different things legally. Him also talk say “Norris for Arkansas,” wey dem list as plaintiff, no fit sue because only the candidate himself fit challenge election results.
The judge even talk say Norris request for temporary restraining order no follow the law. State law give defendants 20 days to answer before any restraining order fit dey considered.
All these mistakes make Judge Fox to give strong advice to Norris lawyer, Clint Lancaster. The judge write say if Lancaster wan handle election matters, e for better make e read the applicable laws well. “There may be some specific Continuing Legal Education courses available for counsel to learn the procedures, or perhaps other lawyers with knowledge about election law would allow plaintiff’s counsel to sit ‘second chair’ with them for drafting of pleadings and conduct of election challenge litigation.” That one na serious jab for lawyer wey dey claim say e sabi election law.
This case come from the March 31 Republican primary runoff where Senator Kim Hammer defeat Bryan Norris with small margin. Norris ask for recount for some counties including Saline County, but the recount no change the results. Hammer still lead with over 900 votes and dey likely to be certified as the Republican nominee.
Norris file the lawsuit just after 10 a.m. on Thursday, and by 4 p.m. the same day, Judge Fox don dismiss am. The quick dismissal show say the case no get strong foundation from the beginning.
Clint Lancaster, the lawyer for Norris, don dey talk for social media before the dismissal. Him post for Facebook say e be “sheepdog” wey dey protect Arkansans. But Judge Fox order show say the lawyer no even know the basic procedures for election challenge cases.
This na the second time within two weeks wey circuit judge don question Lancaster professionalism. The lawyer once work with Donald Trump failed efforts to overturn 2020 election results for Wisconsin.
Whether Norris go try again no sure. Judge Fox write say the parties fit want to appeal immediately. But with the strong language from the judge, Lancaster for better study appellate procedural rules well before dem try any next step.
The dismissal order and the original complaint dey available for public to see. The whole episode show how important na to follow proper legal procedures, especially for election matters wey concern democracy.
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