Citing state Supreme Court ruling, Independence County Quorum Court repeals paper ballot measure

Noting a recent Arkansas Supreme Court decision, Independence County officials say voters heading to the polls on March 3 will use electronic voting machines, despite approving an ordinance 14 months ago requiring hand-marked, hand-counted paper ballots.

The Independence County Quorum Court voted Dec. 11, 2025, to repeal Ordinance 2024-18, which county voters approved 8,309 to 5,184 in November 2024. Arkansas law allows a quorum court to repeal voter-approved measures with a two-thirds supermajority vote.

“An Arkansas Supreme Court ruling on the process of petition gathering placed Independence County in a posture of being on the wrong side of the Arkansas Constitution. Therefore, the Quorum Court JPs voted, with a supermajority, to return the election process to the same as before,” Independence County Judge Kevin Jeffery said on Wednesday.

In a Feb. 4 press release (see below), county officials cited an Arkansas Supreme Court ruling issued after the 2024 election. The October decision in Evans v. Harrison determined that county initiative petitions must be filed between 60 and 90 days before an election under the Arkansas Constitution.

“A recent ruling by the Arkansas Supreme Court found the 2024 paper ballot issue was outside the legal parameters as detailed by the Arkansas Constitution,” Independence County Judge Kevin Jeffery told White River Now. “The Justices of the Peace expressed the need to uphold their Oath of Office to uphold the Arkansas Constitution. This action by the Quorum Court did not bring into question the legality of any ballot method, but rather upheld the Supreme Court ruling that proper procedure wasn’t followed during the initiative petition process.”

In Independence County, most petition signatures supporting the ballot measure were submitted Aug. 6, 2024 — more than 90 days before the Nov. 5 election. The county clerk certified the petition Aug. 22, 2024, after determining it had sufficient signatures under state law.

According to the county’s announcement, had the Supreme Court’s ruling been issued before the 2024 election, the initiative would not have been certified for the ballot because the constitutional filing requirement would have prohibited it.

The county’s press release noted that with the repeal, Independence County will continue using its previous voting system. County officials declared an emergency in the ordinance, citing the need to establish a voting system promptly, with 2026 being an election year.

Bryan Norris, who led the petition effort and is now a Republican candidate for Arkansas Secretary of State, criticized the repeal in a Feb. 4 social media statement, saying the quorum court overturned the will of 63% of voters. He questioned why county officials would use what he called a legal technicality based on a Supreme Court ruling that didn’t exist when the petition was filed to nullify voters’ decision.

Independence County voters will also see a significant change during the March 3 election, as election officials move to a countywide vote-center model.

The Independence County Election Commission has approved the new system, which will allow registered voters to cast a ballot at any open vote center in the county on Election Day, rather than being limited to an assigned precinct.

Two locations — the Batesville Community Center at 1420 20th St. and Southside City Hall at 2180 Batesville Blvd. — will offer early voting from Feb. 17 through March 2. On Election Day, six vote centers will be open: the Batesville Community Center, Charlotte Fire Department, Cushman Fire Department, Pleasant Plains City Hall, Newark Fire Department, and Southside City Hall.

Election administrators say the new model is intended to ensure a smoother, more flexible experience for all voters.

STATEMENT FROM INDEPENDENCE COUNTY — FEB. 4, 2026

Independence County Quorum Court Repeals Ordinance 2024-18 Following Arkansas Supreme Court Ruling on Initiative Filing Deadlines

Batesville, Arkansas — The Independence County Quorum Court voted to repeal Independence County Ordinance 2024-18, an initiated ordinance approved in the November 5, 2024, general election and effective November 18, 2024.

This action was taken in response to the Arkansas Supreme Court’s decision in Evans v. Harrison, 2025 Ark. 164 (issued October 30, 2025, and issued after the 2024 general election), which clarified that Article 5, § 1 of the Arkansas Constitution requires county initiative petitions to be filed no less than sixty (60) days and no more than ninety (90) days before the election at which the measure is to be voted upon. The Court further held that “a county clerk cannot certify an untimely initiative,” and that certifying one would be a “dereliction of duty” to uphold the Arkansas Constitution.

Although Independence County’s initiative ordinance had already been voted on and had taken effect before Evans was decided, the Quorum Court concluded that the Supreme Court’s interpretation is directly relevant to how county initiatives should be handled going forward. In Independence County, the initiative petition leading to Ordinance 2024-18 was certified on August 22, 2024, after the County Clerk determined it had sufficient signatures under Ark. Code Ann. § 14-14-914. However, a majority of the petitions were submitted on August 6, 2024—more than ninety (90) days before the November 5, 2024 election. The Quorum Court concluded that if the Supreme Court’s ruling in Evans had been issued sooner—before the 2024 election—its guidance would have prevented the initiative from being certified for placement on the ballot in the first place, because the Arkansas Constitution would have prohibited certification of an untimely filing. For this reason, the Quorum Court believed it had a duty to address the legal effect of that constitutional filing requirement and to act consistently with its oath to uphold the Constitution.

Arkansas law expressly provides that a quorum court may repeal a measure approved by voters by a two-thirds (2/3) vote (super majority vote) of the whole number of justices comprising the quorum court.

With the repeal of Ordinance 2024-18, the county’s voting system will remain the same system that the county has been using in prior elections. The ordinance also declares an emergency, citing the need to promptly establish a voting system with 2026 being an election year.

The Quorum Court respects the citizens who participated in the initiative process and the voters who weighed in at the ballot box; At the same time, each member of the Quorum Court is bound by the Arkansas Constitution and the Arkansas Supreme Court’s interpretation of it. The Evans decision came after the 2024 election; however, had that decision been issued earlier, the initiative would not have been eligible for certification for the 2024 ballot. The Quorum Court’s decision to repeal Ordinance 2024-18 reflects its responsibility to ensure Independence County’s election laws and processes comply with the Arkansas Constitution.