Judge: Pine Bluff Election Moves Foward in 2012, Mayor's Request for Delay Denied
By: Marci Manley, KARK 4 News
Updated: October 3, 2012
"The proper time for the election is 2012," specially-appointed Circuit Judge Jay Moody said inside a Jefferson County courtroom.
And with that, the judge moved the Pine Bluff mayor's election forward as planned, five minutes after closing arguments in a two-hour court hearing.
"The people will now have a say in the election and that's what we really wanted," said attorney Chrishauna Clark, who represented Debe Hollingsworth as one of the other candidates involved in the suit.
Current Mayor Carl Redus filed the lawsuit in August, asking the election be delayed.
"The only proper time for an election would be 2014," Redus' attorney stated in closing arguments.
At issue is Pine Bluff's population, which fell below 50,000 in the 2010 Census. That's where state laws come into play in this scenario.
One state statute dictates the election cycle for cities of 50,000 people or more -- being during the presidential election cycle.
Another statute, outlines the election cycle for cities with populations of less than 50,000 -- being during the mid-term cycle.
Clark argued that the legislature was concerned with cities growing and being stuck in a mid-term election cycle, saying once a city reached 50,000 it remained on the presidential cycle from there on out.
"Pine Bluff did, up until this year, have a population of more than 50,000. We have been on the presidential election cycle for almost 40 years. We are now locked into that election cycle, that's the plain language of the law," she addressed the court.
But Redus' camp argued that when the city fell below the 50,000 population marker, the election cycle is supposed to change. According to them, the law requires the city to hold the election in 2014, which would give Redus an extra two years in office, because no one could take the office until a legal election was held.
"The plaintiff is entitled to the relief he has requested," said Redus' attorney.
Judge Moody disagreed.
"That motion will be denied as well as the motion not to certify the election," Judge Moody said.
The judge's ruling means Pine Bluff voters will head to the polls in November 2012 to cast their ballots in the mayor's race. That is, of course, unless Mayor Carl Redus files an appeal while campaigning.
"We haven't made a decision on whether we will appeal or not, but I do know I'll be out campaigning hard and heavy," Redus said after the hearing.
That's what the other eight candidates intend to do as well.
"We've been charging on since day one," said mayor candidate Debe Hollingsworth, who also filed a motion to intervene against Redus' suit. "I would have to say the same for other candidates. We have been out campaigning and knocking on doors and doing what it takes to get elected. "
So, it seems they are all planning to see voters at the polls to find out which of the nine will take the city's highest office.
"I guess it's on to November," said candidate Tim Wisenhunt.
Moody gave his ruling in court, but did not provide his reasoning behind it. He told the courtroom that he would provide that in a written ruling, hopefully no later than Friday afternoon, for appeals purposes.
And with that, the judge moved the Pine Bluff mayor's election forward as planned, five minutes after closing arguments in a two-hour court hearing.
"The people will now have a say in the election and that's what we really wanted," said attorney Chrishauna Clark, who represented Debe Hollingsworth as one of the other candidates involved in the suit.
Current Mayor Carl Redus filed the lawsuit in August, asking the election be delayed.
"The only proper time for an election would be 2014," Redus' attorney stated in closing arguments.
At issue is Pine Bluff's population, which fell below 50,000 in the 2010 Census. That's where state laws come into play in this scenario.
One state statute dictates the election cycle for cities of 50,000 people or more -- being during the presidential election cycle.
Another statute, outlines the election cycle for cities with populations of less than 50,000 -- being during the mid-term cycle.
Clark argued that the legislature was concerned with cities growing and being stuck in a mid-term election cycle, saying once a city reached 50,000 it remained on the presidential cycle from there on out.
"Pine Bluff did, up until this year, have a population of more than 50,000. We have been on the presidential election cycle for almost 40 years. We are now locked into that election cycle, that's the plain language of the law," she addressed the court.
But Redus' camp argued that when the city fell below the 50,000 population marker, the election cycle is supposed to change. According to them, the law requires the city to hold the election in 2014, which would give Redus an extra two years in office, because no one could take the office until a legal election was held.
"The plaintiff is entitled to the relief he has requested," said Redus' attorney.
Judge Moody disagreed.
"That motion will be denied as well as the motion not to certify the election," Judge Moody said.
The judge's ruling means Pine Bluff voters will head to the polls in November 2012 to cast their ballots in the mayor's race. That is, of course, unless Mayor Carl Redus files an appeal while campaigning.
"We haven't made a decision on whether we will appeal or not, but I do know I'll be out campaigning hard and heavy," Redus said after the hearing.
That's what the other eight candidates intend to do as well.
"We've been charging on since day one," said mayor candidate Debe Hollingsworth, who also filed a motion to intervene against Redus' suit. "I would have to say the same for other candidates. We have been out campaigning and knocking on doors and doing what it takes to get elected. "
So, it seems they are all planning to see voters at the polls to find out which of the nine will take the city's highest office.
"I guess it's on to November," said candidate Tim Wisenhunt.
Moody gave his ruling in court, but did not provide his reasoning behind it. He told the courtroom that he would provide that in a written ruling, hopefully no later than Friday afternoon, for appeals purposes.
