ELECTRONICALLY FILED Pulaski County Circuit Court Larry Crane, Circuit/County Clerk 2018-Jul-25 11:46:28 60CV-18-4857 C06D17 : 8 Pages IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS MARION HUMPHREY, Individually and as a representative of all similarly situated voter-citizens of Arkansas PLAINTIFF V. CASE NO.: CV-60CV-18-4857 MARK MARTIN, in his official capacity as Secretary of State of Arkansas RANDY ZOOK, individually and on behalf of legislative question committee ARKANSANS FOR JOBS AND JUSTICE DEFENDANT INTERVENOR ANSWER TO COMPLAINT Defendant Randy Zook (hereinafter defendant ) for his answer to plaintiff s complaint for issuance of a writ of mandamus, declaratory judgment, and injunctive relief, states the following: 1. Defendant denies that plaintiff is entitled to any of the relief stated in paragraph 1 of the Complaint. Defendant states that he is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of paragraph 1 of the Complaint and therefore denies those allegations. 2. Defendant admits that the Secretary of State of Arkansas has certain responsibilities in connection with the certification, publication of notice, and transmittal of constitutional amendments referred by the Arkansas General Assembly. Defendant denies the remaining allegations in paragraph 2 of the Complaint. 3. Defendant admits the allegations in paragraph 3 of the Complaint. 1682246-v1
4. Defendant admits the allegations in paragraph 4 of the Complaint. 5. Defendant states that he is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of paragraph 5 of the Complaint and therefore denies those allegations. 6. Defendant admits that Mark Martin is the Secretary of State of Arkansas and in that office has certain responsibilities in connection with the certification, publication of notice, and transmittal of constitutional amendments referred by the Arkansas General Assembly. Defendant denies the remaining allegations in paragraph 6 of the Complaint. 7. Defendant states that Article 19 22 of the Arkansas Constitution speaks for itself and denies any remaining allegations in paragraph 7 of the Complaint that are inconsistent with the actual contents of Article 19 22. 8. Defendant states that Article 19 22 of the Arkansas Constitution speaks for itself and denies any remaining allegations in paragraph 8 of the Complaint that are inconsistent with the actual contents of Article 19 22. 9. Defendant admits the allegations in paragraph 9 of the Complaint. 10. Defendant states that the citation to Senate Joint Resolution 8 ( SJR 8 ) in paragraph 10 of the Complaint speaks for itself and denies the allegations of paragraph 10 of the Complaint to the extent that they are inconsistent with the actual contents of SJR 8. 2
11. Defendant states that SJR 8 and Ark. Code Ann. 16-11-301 speak for themselves. The remaining allegations in paragraph 11 of the Complaint are denied. 12. Defendant states that SJR 8 speaks for itself. The remaining allegations in paragraph 12 of the Complaint are denied. 13. Defendant states that SJR 8 speaks for itself. The remaining allegations in paragraph 13 of the Complaint are denied. 14. Defendant states that SJR 8 speaks for itself. The remaining allegations in paragraph 14 of the Complaint are denied. 15. Defendant states that the citation to SJR 8 in paragraph 15 of the Complaint speaks for itself and denies the allegations of paragraph 15 of the Complaint to the extent that they are inconsistent with the actual contents of SJR 8. Defendant denies any remaining allegations in paragraph 15 of the Complaint. 16. Defendant states that SJR 8 speaks for itself. The remaining allegations in paragraph 16 of the Complaint are denied. 17. Defendant admits the allegations in paragraph 17 of the Complaint. 18. Defendant states that SJR 8 and House Joint Resolution 1016 ( HJR 1016 ) speak for themselves. Defendant admits that both SJR 8 and HJR 1016 have been referred to Arkansas voters as constitutional amendments by the Arkansas General Assembly and that HJR 1016 has been identified by the Secretary of State as Issue No. 2 for the 2018 General Election Ballot. Defendant denies any remaining allegations in paragraph 18 of the Complaint. 3
19. Defendant denies the allegations in paragraph 19 of the Complaint and all its subparts. 20. Defendant denies the allegations in paragraph 20 of the Complaint. 21. Defendant states that the citation to Arkansas Department of Finance and Administration v. Naturalis Health, LLC, 2018 Ark. 224, speaks for itself and denies the allegations of paragraph 21 of the Complaint to the extent that they are inconsistent with the actual contents of the Naturalis Health, LLC opinion. Defendant denies the remaining allegations in paragraph 21 of the Complaint. COUNT 1 WRIT OF MANDAMUS 22. In response to the allegations in paragraph 22 of the Complaint, defendant adopts his previous admissions, denials, and affirmative statements pleaded in response to the allegations in paragraphs 1 through 21 of the Complaint. 23. Defendant states that Article 19 22 of the Arkansas Constitution speaks for itself and denies the remaining allegations in paragraph 23 of the Complaint. 24. Defendant denies the allegations in paragraph 24 of the Complaint. 25. Defendant denies that plaintiff is entitled to the relief requested in paragraph 25 of the Complaint. Defendant denies the remaining allegations in paragraph 25 of the Complaint. 4
COUNT 2 DECLARATORY JUDGMENT 26. Defendant states that Article 19 22 of the Arkansas Constitution speaks for itself and denies the remaining allegations in paragraph 26 of the Complaint. 27. Defendant denies the allegations in paragraph 27 of the Complaint. 28. Defendant denies the allegations in paragraph 28 of the Complaint. 29. Defendant denies the allegations in paragraph 29 of the Complaint. 30. Defendant denies the allegations in paragraph 30 of the Complaint. 31. Defendant states that Article 7 of the Arkansas Constitution speaks for itself and denies the remaining allegations in paragraph 31 of the Complaint. 32. Defendant denies the allegations in paragraph 32 of the Complaint. 33. Defendant denies the allegations in paragraph 33 of the Complaint. 34. Defendant denies the allegations in paragraph 34 of the Complaint. 35. Defendant denies the allegations in paragraph 35 of the Complaint. 36. Defendant denies the allegations in paragraph 36 of the Complaint. 37. Defendant denies the allegations in paragraph 37 of the Complaint. 38. Defendant denies the allegations in paragraph 38 of the Complaint. 39. Defendant denies the allegations in paragraph 39 of the Complaint. 40. Defendant denies the allegations in paragraph 40 of the Complaint. 41. Defendant denies the allegations in paragraph 41 of the Complaint. 42. Defendant denies the allegations in paragraph 42 of the Complaint. 5
43. Defendant states that plaintiff is not entitled to the relief requested in paragraph 43 of the Complaint and denies the remaining allegations in paragraph 43 of the Complaint. 44. Defendant states that plaintiff is not entitled to the relief requested in paragraph 44 of the Complaint and denies the remaining allegations in paragraph 44 of the Complaint. 45. Defendant denies that plaintiff is entitled to the relief requested in the wherefore clause of the Complaint and its numbered subparagraphs. 46. Defendant adopts and incorporates herein any affirmative defenses raised by defendant Mark Martin, Secretary of State, to the extent that those defenses are likewise applicable to defendant. WHEREFORE, defendant Randy Zook prays that plaintiff s requests for relief be denied and that the Complaint be dismissed, along with all other proper relief. 6
Respectfully submitted: Elizabeth Robben Murray (79244) FRIDAY, ELDREDGE & CLARK LLP 400 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201 (501) 370-1534 FAX: (501) 244-5356 murray@fridayfirm.com and WRIGHT, LINDSEY & JENNINGS LLP 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201-3699 (501) 371-0808 FAX: (501) 376-9442 slancaster@wlj.com; gmarts@wlj.com By Stephen R. Lancaster (93061) Gary D. Marts, Jr. (2004116) Attorney for Intervenor Randy Zook, individually and on behalf of Arkansans for Jobs and Justice 7
CERTIFICATE OF SERVICE I hereby certify that on July 25, 2018, I electronically filed the foregoing with the Clerk of the Court using the Arkansas Judiciary Electronic Filing System, which shall send notification of such filing to the following: 1. David A. Couch David A. Couch PLLC 1501 North University Avenue, Suite 228 Little Rock, AR 72207 david@dhlaw.net 2. David H. Williams The Law Office of David H. Williams 211 S. Spring Street, 2nd Floor Little Rock, AR 72201 david@couchfirm.com 3. Jeff Priebe James Carter & Priebe, LLP 500 Broadway, Suite 400 Little Rock, AR 72201 jpriebe@jamescarterlaw.com 4. A.J. Kelly General Counsel Office of the Arkansas Secretary of State State Capitol, Suite 256 500 Woodlane Street Little Rock, AR 72201 Stephen R. Lancaster 8