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KELLY v. MARTIN

No. CV-14-367.

2014 Ark. 217

JOHN K. KELLY, APPELLANT, v. MARK MARTIN, IN HIS OFFICIAL CAPACITY AS THE SECRETARY OF STATE FOR THE STATE OF ARKANSAS; ROB HILL, LOU ANN CARTER, AND JEFF OLMSTED, IN THEIR OFFICIAL CAPACITIES AS THE COMMISSIONERS OF THE PERRY COUNTY ELECTION COMMISSION; LEONARD A. BOYLE, SR., CHRIS BURKS, AND ALEX REED, IN THEIR OFFICIAL CAPACITIES AS THE COMMISSIONERS OF THE PULASKI COUNTY ELECTION COMMISSION; AND TIMOTHY D. FOX, APPELLEES, TIMOTHY DAVIS FOX, THIRD-PARTY APPELLANT, v. LESLIE STEEN, IN HIS OFFICIAL CAPACITY AS CLERK OF THE SUPREME COURT OF ARKANSAS AND ARKANSAS COURT OF APPEALS, THIRD-PARTY APPELLEE.

Supreme Court of Arkansas.

Opinion Delivered May 14, 2014.

Attorney(s) appearing for the Case

Samuel A. Perroni, Esq.; and Matt Campbell, Esq., for appellant.

Martha Adcock, General Counsel, and L. Justin Tate, Associate General Counsel, for appellee Secretary of State Mark Martin.

Amanda Mankin-Mitchell and Karla M. Burnett, Pulaski County Attorney's Office; and Larry Jegley, Prosecuting Attorney, Sixth Judicial District, for appellees Pulaski County Election Commission and Perry County Election Commission.

Mark W. Nichols, for appellee/third-party appellant Timothy Davis Fox.

Bristow & Richardson, PLLC, by: Bill W. Bristow, for third-party appellee Leslie Steen.

Colin R. Jorgensen, Ass't Att'y Gen., for amicus curiae Arkansas Attorney General Dustin McDaniel.

JOSEPHINE LINKER HART, Associate Justice.

John K. Kelly appeals from the Pulaski County Circuit Court's order finding that Judge Timothy D. Fox was eligible "to be a candidate for the position of Circuit Judge, Judicial District 06, Division 6, Sub-district 6.2, in the election for said judgeship scheduled to be conducted on May 20, 2014." Specifically, Kelly asserts that Judge Fox was delinquent in the payment of his 2013 annual license fee from March 2 until April...

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