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It’s a game of litigation chicken with Secretary of State Mark Martin’s office in the middle. Lawyers on both sides of the Arkansas Alcoholic Beverage Amendment are pushing Martin regarding how he intends to interpret the deadline for filing ballot amendment petitions in light of it having fallen on July 4. Should Martin accept amended petitions from the backers of the liquor sale amendment, Let Arkansas Decide, after giving the group an additional 30 days from the July deadline to replace some 17,000 faulty petition signatures, opponents of the ballot issue, Let Arkansas Communities Decide For Themselves, have promised to file suit. Monday is that deadline. Martin’s spokesman, Laura Labay, has said the acceptance of petitions on July 7 under the statutory and traditional protocol for holiday deadlines is ordinary procedure. If the deadline falls on a holiday we roll it to the following business day, Labay said in an e-mail. This has been the Secretary of State’s standard practice since Amendment 7 went into effect in 1925. She also cites Arkansas Code Annotated, Section 7-1-108, which provides that, If an election law deadline occurs on a Saturday, Sunday or legal holiday, the deadline shall be the next day which is not a Saturday, Sunday or legal holiday. July 4 fell on Friday this year, making July 7 the next day that was not a Saturday, Sunday or legal holiday. But, Little Rock attorney Elizabeth Robben Murray, representing Let Arkansas Communities Decide for Themselves, challenged that interpretation in a July 21 letter to Martin after his office had granted the 30-day extension to the amendment’s supporters. Murray contended that Amendment 7 is exclusive to the application of the law on deadlines for statewide ballot initiatives, and that the petitions submitted by Little Rock attorney David Couch were not filed on time. Couch has contended that Martin’s office acted within the scope of Amendment 7 as it is to be administered under ACA 1-5-101(5), which sets the authority for state offices to be closed on weekends and legal holidays, thereby, allowing for any business which should become due on those occasions to be held until the re-opening of the state’s offices. Page 2 of 2 - Murray wants Martin’s office to make a determination. I have not received a response from the Secretary of State’s office, she said in a July 29 e-mail to the Hope Star. If the proposal is certified for the November ballot, I expect the filing date issue will be raised in an original action that would be filed with the Arkansas Supreme Court pursuant to Amendment 7. But Labay said that isn’t likely to happen. We have no response at this time, she said in a July 29 e-mail to the Hope Star. Meanwhile, Couch filed a letter with Martin’s office dated Aug. 12 which outlines his position at length, and points to a 2008 ballot initiative which Murray’s firm, Friday, Eldredge and Clark, handled the last time an initiative deadline fell on July 4. Couch notes that both the attorney for the sponsors and the attorney who now represents Martin’s office accepted the deadline change then. Furthermore, it is hornbook Arkansas law that when the last day to take some action falls on a weekend, legal holiday or other day when the office at which the action must be taken is closed, the time is extended to the next business day, he wrote. All government offices function in this manner. The ballot measure would effectively eliminate all local option liquor elections in Arkansas and require cities and counties to allow for the sale, manufacture, possession, transportation and distribution of alcoholic liquors statewide. Opponents have also said the measure would require cities and counties to allow the sale, manufacture, possession, transportation and distribution of alcoholic liquors in the proximity of public schools and churches in Arkansas. [url=http://www.guccionlineoutlet.us.com]gucci outlet[/url] Speaking of Iran’s crude nuclear bomb technology and inaccurate delivery systems, “If I were the (west bank) Palestinians, I’d be a little nervous.” –John Wohlstetter, a senior fellow at the Discovery Institute”Goodbye, my beloved friend. A great voice falls silent. A great heart stops. ” –Salman Rushdie (On the death of Christopher Hitchens, Dec.,16, 2011) “The democracy will cease to exist when you take away from those who are willing to work and give to those who would not.”….”To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical.”– Thomas Jefferson”If Congress can employ money indefinitely to the general welfareâ€¦ The powers of Congress would subvert the very foundation, the very nature of the limited government established by the people of America.”–Alexander Hamilton:â€œYou can always count on Americans to do the right thing - after they’ve tried everything else.” –Winston Churchill
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PHOENIX If Christian Avila lived a few hundred miles to the west, he would have a driver’s license and qualify for in-state college tuition and a host of other opportunities available to young people granted legal status by President Barack Obama two years ago. But Avila lives in Phoenix, and the 24-year-old immigrant who was brought here from Mexico by his parents at age 9 still has to navigate the sprawling city in fear as he drives to school or work. “You get nervous, your legs start to tingle a little bit when there’s a cop behind you, when you’re doing nothing wrong by driving to work,’ said Avila, a community college student and immigration activist. “You’re not breaking any rules, you’re following the law. But unfortunately it’s where we live.” With last week’s action by Obama that expanded the deferred action program and added millions of other immigrants, Avila’s plight highlights a harsh reality about the president’s changes. The president may be allowing them to remain in the U.S., but it doesn’t mean their state will let them drive a car, get an education at an affordable rate or obtain health insurance. A patchwork of rules began to form in states largely along political lines after the president allowed some young immigrants to stay in the country. Conservative states like Nebraska and Arizona kept them from getting driver’s licenses while liberal locations were much more welcoming in terms of state services and benefits. Now, states must make new decisions on how to respond to the president’s action that allows millions more immigrants to remain in the U.S. In California, Democrats, immigration groups and health care advocates are pushing for the immigrants to receive health care under the state’s version of the Medicaid program. The California Department of Health Care Services is deciding how to proceed. The president’s action excludes immigrants who came to the country illegally from qualifying for federal health benefits. In Nevada, officials are drawing up a bill for the Legislature making clear that unauthorized immigrants can become teachers in the state. Current rules specify that a prospective teacher must be a U.S. citizen or lawful permanent resident before they can receive a teaching license in Nevada. A new gubernatorial administration in Arizona will have to decide whether to continue a hard-line approach toward state benefits that outgoing Gov. Jan Brewer took. After Obama took action in 2012 granting legal status to 1.8 million young people brought to the U.S. as children, Brewer issued an executive order denying them driver’s licenses or other state benefits, including in-state tuition at the state’s public universities. A federal appeals court ruled the license ban was unconstitutional, and Brewer is considering an appeal to the U.S. Supreme Court. Page 2 of 2 - “Our position is unilateral action by the president does nothing to change the fact that an illegal alien’s presence is the United States is not authorized under federal law,” Brewer spokesman Andrew Wilder said. Arizona’s Republican Governor-elect, Doug Ducey, has said he intends to continue Brewer’s current ban, if it survives court challenges. Maryland’s Democratic governor, Martin O’Malley, has taken a decidedly different tack. He’s a supporter of state laws granting in-state tuition to people without legal status and grants them driver’s licenses. He has even been willing to get into a policy fight with Obama on the stream of unaccompanied immigrant children from Central America over the Mexican border, criticizing the White House proposal earlier this year that could have expedited the deportation of the children. Arizona remains an outlier in its treatment of immigrants granted work permits and is among the most harsh when it comes to those who remain in the U.S. without legal authorization. States surrounding Arizona provide in-state tuition to all residents, regardless of immigration status. And in January, California joins nine other states in allowing immigrants who can’t prove they’re in the U.S legally to get a driver’s license. Utah provides leniency when it comes to driving privileges and education, despite passing a law in 2011 that mirrored Arizona’s landmark immigration crackdown, SB1070. The state issues driving-privilege cards that must be renewed annually for those who cannot prove they’re in the country legally. Nearly 36,300 were issued last year, said Nannette Rolfe, the director of Utah’s Driver License Division. Utah also offers in-state tuition at public universities and colleges to residents not in the U.S. legally. To be eligible, students must have attended a Utah high school for at least three years and earned a diploma or GED. They can’t hold a non-immigrant visa and must file an application to legalize their immigration status when eligible to do so. In the 2012-2013 academic students, 929 students took advantage of the program. Despite the fact that life would be easier if he left the state, Avila said he’s staying put. “This is where we got dirty as kids, this is where we learn how to speak English, this is where we learn how to do a lot of stuff,” he said. “Here in Arizona is where my friends, my family, live and I don’t see it as an option to run away, but rather stand up and change the conditions that we live under.” [url=http://www.canadagooseparka.us.com]canada goose mystique parka[/url] The meeting is scheduled to be held at the resident of the UN Secretary General’s Special Representative in Cyprus Liza Buttenheim in Nicosia. http://www.michaelkorsbags.us.com
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