JUDGE MACKIE PIERCE: No preliminary injunction.

Circuit Judge Mackie Pierce today turned down a taxpayer lawsuit requesting an injunction to block the counting of votes on Issue One, the constitutional amendment to limit damage lawsuits, cap attorney fees and usurp control of court rules by the legislature. But he said the plaintiff could continue to argue that the proposal was an unconstitutional combination of multiple amendments

Marion Humphrey, a retired judge, is plaintiff in the suit. Arguments for a preliminary junction against counting of votes were heard last week. The secretary of state was the defendant and a group of corporate interests pushing the amendment intervened on behalf of preserving the measure referred to the ballot by the legislature.

Today Pierce ruled, saying in part:

In requesting a preliminary injunction to enjoin and restrain the Arkansas Secretary of State from counting, canvassing and certifying votes on lssue 1, the court considers two factors: (1) whether irreparable harm will result in the absence of an injunction, and (2) whether the moving party has demonstrated a likelihood of success on the merits.

Plaintiff must demonstrate a prospect of irreparable harm, or lack of an otherwise adequate remedy to receive an injunction. plaintiff has failed to demonstrate he will suffer irreparable harm if this court rejects his request for a preliminary injunction. Plaintiff has an adequate remedy remaining, i.e., his request for a Writ of Mandamus and Declaratory Judgment’

The court makes no finding on the likelihood of success on the merits as Plaintiff has failed to satisfy the first requirement in obtaining injunctive relief.

The judge had said last week he wanted to hurry a full hearing on the case to be able to expeditiously present a full case to the Arkansas Supreme Court, the ultimate decision-maker.

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