IN THE ARKANSAS SUPREME COURT MARK MARTIN, SECRETARY OF STATE INTERVENORS FIRST AMENDED CROSS-CLAIM

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1 ELECTRONICALLY FILED Arkansas Supreme Court Stacey Pectol, Clerk of the Courts 2016-Sep-16 11:20:16 CV Pages IN THE ARKANSAS SUPREME COURT COL. MIKE ROSS, RET.; MARION HUMPHREY; JAMES BROOKS; ADAM JEGLEY; MARTHA DEAVER; and THE COMMITTEE TO PROTECT AR FAMILIES PETITIONERS VS. CASE NO. CV MARK MARTIN, SECRETARY OF STATE RESPONDENT CHASE DUGGER and DR. STEPHEN CANON, Individually and on behalf of HEALTH CARE ACCESS FOR ARKANSANS INTERVENORS INTERVENORS FIRST AMENDED CROSS-CLAIM Intervenors, for their first amended cross-claim, state: 1. Health Care Access for Arkansans is the proponent of the petition that is the subject of this action. 2. The Attorney General certified the petition s popular name and ballot title on April 20, 2016 (2016 Op. Att y Gen. 38). 3. The required number of valid signatures was 84,859. Health Care Access for Arkansans submitted 131,687 signatures on 20,506 petition parts. The Secretary of State found that at least 92,997 signatures were valid. The Secretary found that other signatures were not valid. 4. All of the 92,997 signatures the Secretary accepted were valid.

2 5. The Secretary, however, incorrectly deemed some signatures or the petition parts on which they appear as invalid and thus did not include them in the total number of signatures. For example, the Secretary declared petition parts invalid for: a. not having a canvasser signature even though the petition parts had a canvasser signature; b. not showing a canvasser residence although the Secretary already had the canvasser s residence; c. the canvasser s not being on the list the sponsor submitted to the Secretary when the canvasser was on the list; d. not listing canvasser county even though there is no statutory requirement that the petition part include the canvasser county ; e. not including the county name at the top of the petition even though there is no statutory requirement that a county name appear at the top of a petition; f. a pending oath when there is no such requirement; g. a canvasser s signing a petition although there no such statutory prohibition; and h. including multiple counties on one petition even though there is no such statutory prohibition. 2

3 6. The Secretary also declared signatures invalid as duplicates that were not duplicates. 7. The foregoing petition parts and signatures otherwise complied with Arkansas law. They therefore should have been counted and should now be counted by the Court. 8. To the extent the Secretary relied or relies on Ark. Code Ann , , , or any part of 2015 Ark. Acts 1219 or 2013 Ark. Acts 1413, those provisions are an unconstitutional violation of the rights of the people of Arkansas under Article 5, 1, of the Arkansas Constitution, as amended. 9. Intervenors file this cross-claim without waiving any of the defenses asserted in their answer and any amended answers they may file. 10. Intervenors are copying the Arkansas Attorney General on this first amended cross-claim to comply with Ark. Code Ann In view of the recent receipt of thousands of petition parts, Intervenors reserve their right to amend this cross-claim. Therefore, Intervenors ask the Court to grant the relief sought in this crossclaim and for all other relief to which they are entitled. 3

4 BRETT D. WATSON, ATTORNEY AT LAW, PLLC By: /s/ Brett D. Watson Brett D. Watson, Ark. Bar No P.O. Box 707 Searcy, Arkansas Telephone: (501) KUTAK ROCK LLP Jess Askew III, Ark. Bar No David L. Williams, Ark. Bar No Frederick H. Davis, Ark. Bar No West Capitol Avenue, Suite 2000 Little Rock, Arkansas Telephone: (501) Daniel Greenberg, Ark. Bar No Fontenay Circle Little Rock, Arkansas Telephone: (501) Attorneys for Intervenors 4

5 CERTIFICATE OF SERVICE I hereby certify that on September 16, 2016, I filed this document with the Clerk of Court through the Court s E-Flex electronic filing system, which will serve a true and correct copy of the foregoing by electronic notification to the below listed attorneys of record registered for electronic filing. For any attorney that does not receive electronic service, this document was served by first-class U.S. Mail, postage prepaid. Brian G. Brooks BRIAN G. BROOKS, ATTORNEY AT LAW, PLLC P.O. Box 605 Greenbrier, AR AJ Kelley General Counsel and Deputy Secretary of State PO Box Little Rock, AR Jeff Priebe JAMES, CARTER & PRIEBE, LLP 500 Broadway, Suite 400 Little Rock, AR Breean Walas WALAS LAW FIRM, PLLC P.O. Box North Little Rock, AR /s/ Brett D. Watson Brett D. Watson 5

6 CERTIFICATE OF COMPLIANCE Case Name: Docket Number: Title of Document: Ross, et al. v. Martin, Respondent, Dugger, et al., Intervenors. CV Intervenors First Amended Cross-Claim CERTIFICATE OF COMPLIANCE AND IDENTIFICATION OF PAPER DOCUMENTS NOT IN PDF FORMAT I hereby certify that: I have submitted and served on opposing counsel an unredacted and, if required, a redacted, PDF document that complies with the Rules of the Supreme Court and Court of Appeals. The PDF document is identical to the corresponding parts of the paper document from which it is created as filed with the Court. To the best of my knowledge, information and belief formed after scanning the PDF document for viruses with an antivirus program, the PDF documents are free of computer viruses. A copy of this certificate has been submitted with the paper copies filed with the Court and has been served on all opposing parties. There are no original paper documents not in PDF format included in the PDF document. /s/ Brett D. Watson (Signature of filing party) Brett D. Watson (Printed name) Brett D. Watson, Attorney at Law, PLLC (Firm) September 16, 2016 (Date) 6