In the Circuit Court of Hot Spring County, Arkansas
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IN THE CIRCUIT COURT OF HOT SPRING COUNTY, ARKANSAS MICHAELE McMILLAN, TOM DILLARD, KAY HUGHES, TYLER DRAPER, and CRYSTAL HARVEY PETITIONERS vs. Case No. 30 CV-18-___________ REPRESENTATIVE LAURIE RUSHING; HOT SPRING COUNTY BOARD OF ELECTION COMMISSIONERS; GARLAND COUNTY BOARD OF ELECTION COMMISSIONERS; SARAH SMITH, in her official capacity as Garland County Clerk, and SANDY BOYETTE, in her official capacity as Hot Spring County Clerk DEFENDANTS/RESPONDENTS PETITION FOR ISSUANCE OF WRITS OF MANDAMUS FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF COME NOW Petitioners Michaele McMillan, Tom Dillard, Kay Hughes, Tyler Draper, and Crystal Harvey, by and through their attorneys, TERRY P. DIGGS and RAY BAXTER, and for their Petition for Issuance of a Writ of Mandamus and for Declaratory Judgment, do hereby state and allege as follows: I. INTRODUCTION 1. Defendant Laurie Rushing is ineligible to be State Representative for District 26, where she is running for re-election. This district includes parts of Hot Spring County and Garland County. She did not reside in the district wherein she is running for more than a year prior to the upcoming election, as the Arkansas Constitution requires. In various filings she has given mutually contradictory addresses for her residency, but has primarily used the address of 14 Cannon Ridge Point, Hot Springs, Arkansas. However, she separated from her husband effective January 1, 2017, and he lived in that home after their separation until the house was sold to third parties in November 2017. In the Petition for Mandamus, Declaratory Judgment, and Injunctive Relief McMillan, et al., v. Rushing, et al. Page 2 meantime, she leased an apartment in Little Rock outside the district and has continued to live in Little Rock outside the district. She has voted three (3) times in the past three (3) years, but has continued to use the 14 Cannon Ridge Point address with election officials. 2. Orderly elections with qualified candidates matter, and constitutionally and legally qualified serving state representatives matter – this suit seeks no more. The public cannot have confidence in electoral integrity and a public servant if constitutionally unqualified candidates are allowed to run and serve. II. PARTIES Michaele McMillan, Tom Dillard, Kay Hughes, Tyler Draper, and Crystal Harvey 3. Michaele McMillan, a Republican and an announced candidate for District 26 before withdrawing, is a citizen and resident of District 26, currently residing and registered to vote in Garland County, Arkansas. 4. Tom Dillard is currently a citizen and resident and registered voter in Hot Spring County, Arkansas, and as Hot Spring County Democratic Chairman has an interest in assuring constitutionally qualified candidates and representatives in his county. 5. Kay Hughes, an Independent-leaning Democrat, is a citizen and resident and registered voter in Garland County, Arkansas, and District 26. 6. Tyler Draper, a Democrat, is a citizen and resident and registered voter in Malvern, Hot Spring County, Arkansas, and District 26. 7. Crystal Harvey, a Republican/Independent, is a citizen and resident and registered voter in Bismarck, Hot Spring County, Arkansas, and District 26. 8. Petitioners Michaele McMillan, Tom Dillard, Kay Hughes, Tyler Draper, and Crystal Harvey are necessary parties because they have the right for the District Twenty-six (26) Petition for Mandamus, Declaratory Judgment, and Injunctive Relief McMillan, et al., v. Rushing, et al. Page 3 Representative to lawfully stand for election and legally serve as state representative under Arkansas Constitution, Art. 5, § 4 and Arkansas Code Annotated (A.C.A.) § 7-7-401 and other applicable statutes. Arkansas Constitution, Art. 5, § 4 and A.C.A § 7-7-401 and other applicable statutes must be followed by Laurie Rushing, the Hot Spring County and Garland County Boards of Election Commissioners, and the Hot Spring County Clerk and Garland County Clerk. Petitioners thus are entitled to have the validity of acts arising under the Constitution and this statute determined and obtain a declaratory judgment under A.C.A. § 16-111-104 et seq. 9. Petitioners have the right for the above-mentioned declaratory judgment and subsequent writs issued that mandate all Respondents follow Arkansas Constitution, Art. 5, § 4 and A.C. A. § 7-7- 401 and/or other applicable statutes. Laurie Rushing 10. Respondent Laurie Rushing is duly serving and is running as the Republican nominee for the District Twenty-Six (26) seat in the Arkansas House of Representatives, and she currently holds that position by virtue of the 2016 election when she ran unopposed. 11. Respondent Laurie Rushing is a necessary party by virtue of her attempt to secure election to continue serving as the District Twenty-Six Representative in violation of Arkansas Constitution, Art. 5, § 4 and A.C.A. § 7-7-401 and/or other applicable statutes. Hot Spring and Garland County Boards of Election Commissioners 12. The Hot Spring County and Garland County Boards of Election Commissioners have the duty under A.C.A. § 7-5-201, et seq., to give notice to the public of all candidates to be included on the ballot, to have certified the nominee under A.C.A. § 7-7-401, and to “annul the certifications made … when ordered by a circuit court as provided by law” under A.C.A. § 7-7-401. 13. The Hot Spring and Garland County Boards of Election Commissioners are necessary Petition for Mandamus, Declaratory Judgment, and Injunctive Relief McMillan, et al., v. Rushing, et al. Page 4 parties by virtue of their duties under A.C.A. §7-7-401 to only certify the nomination of those candidates that have been lawfully submitted to them and to annul the certification when ordered. Sandy Boyette and Sarah Smith 14. Hot Spring County Clerk Sandy Boyette, and Garland County Clerk Sarah Smith, in their official capacities, have the duty under A.C.A. §7-7-203 to certify to the county Board of Election Commissioners a full list of all candidates to be voted for in the county as the nominations have been certified or otherwise properly submitted to them. Boyette and Smith are necessary parties by virtue of their duties under A.C.A. §7-7-203 to only certify those candidates that have been properly submitted to them. III. JURISDICTION AND VENUE 15. This is an action for declaratory judgment pursuant to the Arkansas Declaratory Judgment Act, A.C.A.§ 16-111-101, et seq. 16. This is an action in mandamus pursuant to A.C.A. § 16-115-101, et seq., and A.C.A. § 7-7- 401 that requires “When ordered by a circuit court as provided by law, the county board or its officers shall annul the certifications made.” 17. This Court has subject matter jurisdiction and personal jurisdiction over the issues and persons before it. IV. BACKGROUND FACTS 18. The preceding paragraphs are incorporated herein as if set forth word for word. 19. Laurie Rushing filed as a Republican candidate and was given a party certificate to run for re-election to the office of Arkansas House of Representatives, District Twenty-Six (26) in the May, 2018 primary. 20. Laurie Rushing has not been a resident of House District 26 as required by the Arkansas Petition for Mandamus, Declaratory Judgment, and Injunctive Relief McMillan, et al., v. Rushing, et al. Page 5 Constitution. 21. She previously resided in District 26 at 134 Cannon Ridge Point in Hot Springs, Arkansas 71913 with her ex-husband until January 1, 2017. Se e Divorce Deposition, attached and hereby incorporated as Exhibit “A.” 22. 134 Cannon Ridge Point, Hot Springs AR 71913 was subsequently sold to Jim & Maria Black. See Garland County Assessor Land Deed Records, attached and hereby incorporated as Exhibit “B.” 23. However, Laurie Rushing remains to this day registered to vote at 134 Cannon Ridge Point, Hot Springs, Arkansas 71913 in Garland County. Despite not living there and as a co-sponsor of the so-called Voter Identification Law she even voted using that address in November, 2016, 2018 May 2, 2018 primary election, and early voting October, 2018. S e e Laurie Rushing Voter Registration, attached and hereby incorporated as Exhibit “C.” At not one of these three occasions did she give an address other than 134 Cannon Ridge Point and certainly failed, even though asked, to list her mother’s address at 307 Dellmere, Hot Springs, as her residence. 24. Laurie Rushing actually has resided at Apartment 507 in the Capitol Hill Apartments, Little Rock, Arkansas since January of 2017, which is outside of District 26. See Laurie Rushing Lease attached and hereby incorporated as Exhibit “D;” and Affidavit of Matthew Campbell, attached and hereby incorporated as Exhibit “E.” 25. Laurie Rushing’s mother lives at 307 Dellmere Dr., Hot Springs Arkansas 71913, but Laurie Rushing does not and has not registered to vote at that address and does not reside there but rather in Little Rock outside District 26. V. COUNT I: DECLARATORY JUDGMENT 26. The preceding paragraphs are incorporated herein as if set forth word for word. Petition for Mandamus, Declaratory Judgment, and Injunctive Relief McMillan, et al., v. Rushing, et al. Page 6 27. Arkansas Constitution, Art. 5, § 4, requires any candidate for the State House of Representatives to have been a resident of the district to be represented for one (1) year preceding the general election. 28. To reside in the district means to make it your permanent home and domicile. 29. Laurie Rushing’s permanent home and domicile is in Little Rock outside the district. 30. Laurie Rushing changed and abandoned her permanent home and domicile in District 26 by leasing an apartment in Little Rock on January 1, 2017, and living there and then selling 134 Cannon Ridge Point, Hot Springs, Arkansas 71913, and abandoning her District 26 home.