Summary
The Arkansas Supreme Court reversed and remanded the dismissal of Cindy Baker's election contest challenging Robert Rogers's certification as the winner of a prosecuting-attorney primary election. The court held that the contest was properly filed in Carroll County and that the Secretary of State was not a necessary party. It also held that Rogers's timely motion to dismiss constituted a responsive pleading and declined to review the election-materials issue because Baker had not obtained a ruling from the circuit court.
Topics
Practice areas
Questions Presented
- Whether the election contest was properly filed in Carroll County and whether the Secretary of State was a necessary party.
- Whether a motion to dismiss filed within twenty days after service constituted a permissible response under Arkansas Code Annotated section 7-5-801(e).
- Whether Baker preserved for appellate review her claim that the circuit court should have ordered preservation or protective custody of election evidence.
Holdings
- A post-election contest involving a district office such as prosecuting attorney must be filed in the county where certification of nomination was made, and the Secretary of State is not a necessary party.
- Arkansas Code Annotated section 7-5-801(e) modifies, but does not supplant, the Arkansas Rules of Civil Procedure; where the statute provides a different procedure, that statutory procedure applies under Arkansas Rule of Civil Procedure 81, and otherwise the civil rules apply.
- A motion to dismiss filed within twenty days after service is a timely and permissible responsive pleading under section 7-5-801(e); the statutory phrase that the complaint shall be 'answered' does not require a document formally titled an answer.
- An appellant cannot obtain appellate review of an issue on which the appellant failed to obtain a ruling from the lower court.
Key quotations
“The circuit court erred in dismissing Baker's complaint with prejudice for failure to join the Secretary of State as a necessary party.” (243 S.W.3d at 913)
“This case concerns an election contest, which is a special proceeding exempting application of the rules of civil procedure where a statute provides a different procedure.” (243 S.W.3d at 913)
“A motion to dismiss is a responsive pleading.” (243 S.W.3d at 914)
Factual background
Baker and Rogers were candidates for the Democratic nomination for prosecuting attorney for the Nineteenth Judicial District, an office coextensive with Carroll County. The Carroll County Board of Election Commissioners certified Rogers as the winner of the May 23, 2006, preferential primary by 57 votes. Baker's complaint alleged that specific ballots were illegally cast and that the irregularities would change the result, or alternatively that the election should be voided. She also sought preservation and access to election materials.
Procedural history
Baker filed an election contest on June 15, 2006, challenging the certification of Rogers as the winner of the May 23, 2006, primary election for prosecuting attorney. Rogers was served by mail on June 17 and filed a motion to dismiss on July 6. The circuit court dismissed the complaint with prejudice for failure to join the Secretary of State as a necessary party and denied the defendants' alternative summary-judgment request. The Supreme Court of Arkansas reversed and remanded.
Remand instructions
The case was remanded for further proceedings consistent with the opinion, without dismissal based on failure to join the Secretary of State or filing in the wrong county.