{
  "id": 1750222,
  "name": "Glen COX v. Phyllis FRENCH, County Clerk et al; Ken NOCE, Intervenor",
  "name_abbreviation": "Cox v. French",
  "decision_date": "1982-10-11",
  "docket_number": "82-90",
  "first_page": "134",
  "last_page": "136",
  "citations": [
    {
      "type": "official",
      "cite": "277 Ark. 134"
    },
    {
      "type": "parallel",
      "cite": "640 S.W.2d 786"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T15:44:10.927944+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Dudley, J., not participating."
    ],
    "parties": [
      "Glen COX v. Phyllis FRENCH, County Clerk et al; Ken NOCE, Intervenor"
    ],
    "opinions": [
      {
        "text": "Richard B. Adkisson, Chief Justice.\nThe Quorum Court of Randolph County passed Ordinance No. 88 on September 3, 1981. The ordinance was duly published one week later. Purporting to act pursuant to Amendment 7 of the Arkansas Constitution, appellee, Ken Noce, filed a referendum petition on the ordinance in the county clerk\u2019s office on December 1, 1981. This appeal is from a decree of the Randolph County Chancery Court holding the petition was properly filed even though filed with the county clerk later than 60 days after the ordinance was passed and published.\nArk. Stat. Ann. \u00a7 17-4011.6 (Repl. 1980) sets the time for filing a referendum petition:\n(b) Referendum Petitions. All petitions for referendum on county measures must be filed with the County Clerk within sixty (60) calendar days after passage and publication of the measure sought to be repealed.\nAppellees argue that this statute is unconstitutional because Amendment 7, which states that the time for filing is from 30 to 90 days, is self-executing. We disagree. This statute was passed as permissible enabling legislation for paragraph three of the Local Petitions section of Amendment 7 of the Arkansas Constitution, which provides:\nGeneral laws shall be enacted providing for the exercise of the initiative and referendum as to counties. ... In municipalities and counties the time for filing an initiative petition shall not be fixed at less than sixty days nor more than ninety days before the election at which it is to be voted upon; for a referendum petition at not less than thirty days nor more than ninety days after the passage of such measure by a municipal council; . . .\nThis section clearly anticipates that general laws may be enacted fixing a time for filing a referendum petition at a specific time between 30 and 90 days. By enacting Ark. Stat. Ann. \u00a7 17-4011.6, the legislature fixed the time at 60 days which was a lawful exercise of its power.\nAppellees also argue that they did not have to comply with Ark. Stat. Ann. \u00a7 17-4011.6 because it was repealed by Ark. Stat. Ann. \u00a7 17-4003.1 (Supp. 1981):\nAny ordinance enacted by the governing body of any county, city or town in the State may be referred to a vote of the electors of such county, city or town for approval or rejection in the manner and procedure prescribed in Amendment No. 7 to the Arkansas Constitution and laws enacted pursuant thereto for exercising the local initiative and referendum, and the manner and procedure prescribed therein shall be the exclusive method of exercising the initiative and referendum regarding such local measures. (Emphasis supplied)\nThis statute did not repeal Ark. Stat. Ann. \u00a7 17-4011.6 (b), but specifically preserved all previously enacted enabling legislation, including Ark. Stat. Ann. \u00a7 17-4011.6.\nSince the referendum petition was not timely filed, the election held pursuant to the order of the trial court was invalid.\nReversed.\nDudley, J., not participating.",
        "type": "majority",
        "author": "Richard B. Adkisson, Chief Justice."
      }
    ],
    "attorneys": [
      "Wilson, Grider ir Castleman, by: Murrey L. Grider, for appellant.",
      "Smith \u00bfr Morphew, for appellees."
    ],
    "corrections": "",
    "head_matter": "Glen COX v. Phyllis FRENCH, County Clerk et al; Ken NOCE, Intervenor\n82-90\n640 S.W.2d 786\nSupreme Court of Arkansas\nOpinion delivered October 11, 1982\n[Rehearing denied November 15, 1982.]\nWilson, Grider ir Castleman, by: Murrey L. Grider, for appellant.\nSmith \u00bfr Morphew, for appellees.\nDudley, J., not participating."
  },
  "file_name": "0134-01",
  "first_page_order": 154,
  "last_page_order": 156
}