Arkansas’ Attorney General Tim Griffin says a lawsuit filed by Jefferson County Justice of the Peace Lloyd Franklin Jr. should be dismissed.
In October, Frankin filed the lawsuit against fellow Justice of the Peace Roy Agee, the State Board of Election Commissioners and Secretary of State John Thurston, alleging that Agee is not eligible to hold office because he does not live in the district he currently represents.
Responding to the lawsuit for Thurston and the board of election commissioners, Senior Assistant Attorney General Sharmae Diggs said not less than 75 days before each general election day, the Clerk of each county must certify to the county board of election commissioners a full list of all candidates for elected office as the list of candidates have been certified or otherwise submitted to them.
The deadline for the Jefferson County Clerk to submit that list was Aug. 22. Diggs went on to say that from the moment the case was filed, it became moot and untimely.
In addition, Diggs said Franklin did not submit any facts that would allow Thurston or the state board to verify Agee’s eligibility.
Diggs also said Franklin did not submit any facts showing that Thurston or the state board were involved in certification efforts at the local level, and the Jefferson County Clerk, who is not named in the lawsuit, is the appropriate party to name in the lawsuit.
An attorney for Agee has not filed a response to the lawsuit.
