A lawyer for former state Rep. Dwayne Dobbins said this afternoon he will appeal a circuit judge’s dismissal of Dobbins’ lawsuit challenging a Democratic Party rule that barred Dobbins from the November general election ballot.

Pulaski County Circuit Judge Chris Piazza dismissed Dobbins’ lawsuit this morning, ruling that the lawsuit was not filed in a timely manner.

Dobbins would not say immediately after the hearing if he planned to appeal, but his attorney, Jimmy Morris Jr., said later he would file an appeal with the Arkansas Supreme Court on Monday, the same day early voting begins for the Nov. 4 general election.

“Of course I would ask for them to have a hearing scheduled as quickly as possible,” Morris said.

Dobbins filed his challenge on Oct. 10, just 10 days before the start of early voting.

“Now we’re on the cusp of deciding a presidential election, and it’s late to be involved in this issue,” Piazza said in making his ruling today. 

Dobbins claimed state Democratic Party violated his due process rights when it refused to certify him for the general election ballot in his former North Little Rock House district after Dobbins did not draw opposition for the May Democratic primary. 

The party approved a rule in July denying certification as a Democratic candidate to anyone who resigned from public office as part of a plea deal to avoid felony prosecution.

Dobbins was serving as a state representative in 2005 when he was charged with felony sexual assault. Prosecutors said he improperly touched a 17-year-old girl at his home.
Dobbins pleaded guilty to misdemeanor harassment and resigned from his House seat in a plea bargain with prosecutor. His wife, Sharon Dobbins, now holds the seat and was expected to run for re-election this year, but on the last day of the filing period her husband filed to run instead.

Pulaski County Attorney Karla Burnett argued during today’s hearing that Dobbins was required to file his challenge within 20 days of being notified on July 21 that he would not be certified as the Democratic Party nominee.

The county could not possibly reprint 200,000 ballots in time for the election, she said, noting that absentee ballots have already been mailed and early voting starts Monday.
Morris argued that the deadline did not apply because the Democratic Party acted illegally and that a ruling in his client’s favor would affect only the ballots in House District 39.

“If that’s 200,000 ballots, gosh, that’s a lot of people in District 39,” Morris said.

Tags: Dwayne Dobbins, general election, Sharon Dobbins

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