The Arkansas Supreme Court issued an order Thursday, Oct. 27, regarding Eureka Springs mayoral candidate Beau Satori. Exactly what that ruling means isn’t clear, Satori said, even to his attorneys.
“I have three lawyers who all said the same thing,” Satori said. “They’re not quite sure what it means.”
The state Supreme Court order denied a “petition for writ of certiorari and motion for expedited consideration” of Satori’s appeal of Carroll County Circuit Judge Scott Jackson’s Oct. 18 ruling that Satori is ineligible to run for or serve as mayor of Eureka Springs.
Jackson based his ruling on the fact that Satori pleaded guilty to a felony tax charge in 2003 — in a case that was later expunged — and a legislative act adopted in 2019 precludes individuals who have been found guilty of or pleaded guilty to a felony public- trust crime from holding municipal office.
Satori said Monday night, Oct. 24, that a conference call was held earlier that day including Jackson; Satori’s attorney, Brian Hogue; deputy prosecuting attorney Craig Parker; and Eureka Springs attorney Tim Parker, who had filed a motion on behalf of client Benjamin Sharum to intervene in the case.
“They acknowledged the fact that my name would be on the ballot, it wasn’t going to be changed, and that all votes would be tabulated,” Satori said. “And of course, Tim Parker still wanted to intervene but there wasn’t any relief, as far as taking me off the ballot.”
Hogue filed a notice of appeal on Thursday, Oct. 20, along with a motion to stay Jackson’s judgment until the state Supreme Court can rule on the appeal.
Satori is among three people who filed as challengers to Eureka Springs Mayor Butch Berry’s bid for a third four-year term. The others are Tracy Johnson, former events coordinator for the Eureka Springs City Advertising and Promotion Commission; and local restaurateur Brandon Cox.
Carroll County Prosecuting Attorney Tony Rogers filed a petition on Oct. 4 seeking the annulment of Satori’s certification as a candidate.
At the Oct. 18 hearing, Jackson found that “the legislature has changed the qualifications to serve as mayor of Eureka Springs.”
“Because of this 2003 court proceeding, Mr. Satori, you cannot run or hold the office of mayor of the city of Eureka Springs, according to that statute,” Jackson said.
Tim Parker also has filed a motion to dismiss Rogers’ petition, arguing that precedent requires all four of the mayoral candidates to be named as parties in the case and that Rogers’petition does not request a declaratory judgment.
At a special meeting Friday, Oct. 21, the Carroll County Election Commission voted 3-0 to have cards printed stating that a court order says Satori is prohibited by law from running for or holding the office of mayor of Eureka Springs and that votes for Satori will not be counted or certified, but that an appeal has been filed. The commission agreed the cards will be given to voters who ask about Satori’s status.
“We filed a motion to have that stopped,” Satori said Oct. 24.
In an order dated Friday, Oct. 28, Jackson writes that any votes cast for Satori “shall not count.” Jackson orders the election commission to “tabulate and preserve said votes only, and not to give effect to such votes in determining the winner of the mayoral election …” On Saturday, Oct. 29, Satori said he was continuing to campaign. He spoke during public comments at the Eureka Springs City Council meeting on Monday, Oct. 24 and at a meeting of the City Advertising and Promotion Commission on Wednesday, Oct. 26, declaring that his name is on the ballot and that votes cast for him will be counted.
“It’s hard to raise any campaign funds when the first question is: ‘Well, are you going to be on the ballot?’ ” Satori said. That’s primarily why I went to both those meetings to assure the public, at least on camera, that I would be on the ballot and they will count the votes. So it remains to be seen whether they get certified or not.”
Early voting is ongoing. The general election will be held Tuesday, Nov. 8.
