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Dobbins denied

The state Supreme Court has rejected the latest effort by former state Rep. Dwayne Dobbins to get on the Nov. 4 ballot.

The court upheld a Pulaski County circuit’s judge’s dismissal of a lawsuit in which former legislator from North Little Rock alleged the Democratic Party of Arkansas illegally removed him from the general election ballot after he won the Democratic primary with no opposition.

Dobbins did not file his challenge in a timely manner, the state’s highest court said today. Any petition for rehearing must be filed no later than Tuesday, the court said.

Dobbins’ attorney, Jimmy Morris Jr., said he did not immediately know whether he would ask for a rehearing.

The Democratic Party of Arkansas refused to certify Dobbins as a candidate for his former House seat after adopting a rule in July prohibiting ballot certification of any Democratic candidate who has resigned from elective office as part of a plea deal to avoid felony prosecution.

Dobbins, formerly state representative for District 39 in North Little Rock, resigned and pleaded guilty to misdemeanor harassment in a 2005 plea deal after he was charged initially with felony sexual assault. Prosecutors said he improperly touched a 17-year-old girl at his home.

Dobbins argued that the court should not “award clearly bad actors and bad conduct” by allowing the party’s action to stand.

The Supreme Court said in its opinion today that Dobbins’ name was never placed on the ballot for the general election, and therefore he was not “illegally removed” from the ballot.

The court said the remedy available to Dobbins was to challenge the party’s decision not to certify him for the ballot, and under state law he had 20 days to do so.

“We hold that Dobbins did not timely challenge the DPA’s failure to certify him for placement on the general election ballot within the 20 days required,” Justice Paul Danielson wrote.

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