Cite as
2016 Ark. 301
SUPREME COURT OF ARKANSAS
No. CV-16-785
KARA L. BENCA Opinion Delivered September 9, 2016
PETITIONER
V.
AN ORIGINAL ACTION; MOTION
FOR APPOINTMENT OF MASTER,
MARK MARTIN , SECRETARY OF FOR AN EXPEDITED SCHEDULING
STATE ORDER, AND FOR LEAVE OF
RESPONDENT COURT TO TAKE DEPOSITIONS;
MOTION FOR JOINDER OR TO
ARKANSANS FOR COMPASSIONATE INTERVENE BY ARKANSANS FOR
CARE 2016 COMPASSIONATE CARE 2016;
INTERVENOR RESPONDENT’S MOTION TO
SHORTEN DISCOVERY REQUESTS
MOTION FOR APPOINTMENT OF
SPECIAL MASTER GRANTED;
MOTION FOR EXPEDITED
SCHEDULING ORDER GRANTED;
MOTION TO INTERVENE BY
ARKANSANS FOR COMPASSIONATE
CARE 2016 GRANTED.
PER CURIAM
Respondent, Mark Martin, Arkansas Secretary of State, certified a proposed initiated
act with the popular name, “Arkansas Medical Cannabis Act” to be placed on the November
8, 2016, general election ballot. On September 2, 2016, petitioner, Kara L. Benca, filed an
original action in this court, pursuant to article 5, section 1 of the Arkansas Constitution, as
Cite as 2016 Ark. 301
amended by amendment 7 to the Arkansas Constitution, challenging the proposed initiated
act, and requests an order declaring the ballot measure legally insufficient. Petitioner also filed
a motion for appointment of master, for an expedited scheduling order, and for leave of court
to take depositions. In response, respondent filed an answer and a motion to shorten time to
respond to discovery requests.
Petitioner now seeks to enjoin respondent from placing the measure on the ballot or,
in the alternative, to enjoin respondent from counting, canvassing or certifying any votes cast
for the measure. Specifically, petitioner asserts that the sponsor of the proposed initiated act
failed to comply with mandatory canvasser-certification laws and failed to submit the requisite
number of verified signatures. The sponsor of the proposed initiated act, Arkansans for
Compassionate Care 2016, has filed a motion to intervene in this action and a cross-claim
against respondent.
As an initial matter, we grant the motion to intervene. Further, this original action
raises issues of fact with regard to canvasser certification, filing requirements, and validity of
signatures. Arkansas Supreme Court Rule 6-5(c) (2015) provides that evidence on issues of
fact will be taken by a master to be appointed by this court. Therefore, we appoint the
Honorable John Robbins as master and direct him to conduct such proceedings and hearings
subject to, and in accordance with, Rule 6-5(b) and Arkansas Rule of Civil Procedure 53
(2015), as are necessary to determine whether the allegations contained in the petition are
true. We further direct him to file his report with this court by September 28, 2016. In the
discharge of his duties, the master has the authority to address the parties’ discovery motions.
2
Cite as 2016 Ark. 301
This court has routinely required parties to post a bond in original actions brought
under amendment 7 when a master is appointed. See Stephens v. Martin, 2014 Ark. 402 (per
curiam); Roberts v. Priest,
334 Ark. 244,
973 S.W.2d 797 (1998) (per curiam). Respondent
is not subject to the payment of costs because of sovereign immunity. See Stephens,
2014 Ark.
402. Therefore, petitioner and intervenor are both directed to file a bond to be approved by
our clerk in the amount of $5,000 to secure payment for costs adjudged against them incurred
in taking and transcribing proof, including the master’s fee. We grant petitioner’s motion for
expedited consideration and we set the expedited briefing schedule as follows:
Petitioner’s brief due on October 5, 2016; respondent’s and intervenor’s briefs due on
October 12, 2016; petitioner’s reply brief due on October 13, 2016.
It is so ordered.
3
