by Ainsley Platt, Arkansas Advocate
October 6, 2025
A Franklin County resident asked a judge Monday to move up a special election to replace the late Sen. Gary Stubblefield by six months, alleging the current schedule prevents District 26 voters from having a voice during the 2026 fiscal session.
The lawsuit, which attorney Jennifer Waymack Standerfer filed in Pulaski County Circuit Court on behalf of Colt Shelby of Cecil, seeks an injunction and an order declaring Stubblefield’s seat must be filled within 150 days of his death. Gov. Sarah Huckabee Sanders and Secretary of State Cole Jester are the defendants.
“We look forward to a full victory,” Jester said in a statement provided by his spokesperson.
The complaint requests a judge hold a hearing within seven days. Pulaski County Circuit Court Judge Patricia James was assigned to the case.
“The General Assembly will officially convene and begin the 2026 Fiscal Session on April 8, 2026, where it will determine how to spend billions of dollars of taxpayer money and set the state budget for the upcoming fiscal year,” the complaint says. “The Governor’s designated election schedule prevents the people of Senate District 26 from having representation at the 2026 Fiscal Session.”
District 26 includes parts of Franklin County where the state has proposed building a new prison. During the fiscal session that starts in April, lawmakers are likely to vote on funding for the controversial project, which is expected to cost $825 million, according to preliminary estimates. Many locals living near the site are staunchly opposed to the prison, and an appropriations bill for the project failed five times during the 2025 legislative session.
Arkansas law requires governors to call a special election to fill a vacant legislative seat within 150 days, unless they find it impractical or too burdensome to do so. Jan. 30 would be 150 days from Stubblefield’s death; Feb. 12 would be 150 days from Sanders’ declaration of a vacancy.
The petition asks the judge to declare that Stubblefield’s seat must be filled by the 150-day mark and to issue an order to hold the special election on Dec. 9. It is currently set for June 9, 2026 — 279 days after Stubblefield died. The special election was originally scheduled for Nov. 3, 2026, or 436 days after the vacancy.
Prior to the District 26 special election, no special election since 2011 happened more than four to five weeks after the 150-day mark, according to an unpublished memo from the Arkansas Senate’s legal counsel that was obtained by the Advocate.
After resistance, Sanders revises election date to fill vacant Arkansas Senate seat
Sanders said on Sept. 26 that she set the special election dates to coincide with next year’s midterm elections “to save taxpayer money,” streamline the election process and maximize voter turnout. She revised the schedule later that day to its current dates after bipartisan outcry.
“Following conversations with election officials, the Governor decided that holding the primary for District 26 on the statewide primary date and holding the special election on the soonest possible date afterward saves taxpayer dollars and ensures the election is free, fair, and secure,” Sanders’ spokesperson said Monday.
The special primary election currently coincides with the midterm primaries on March 31, 2025. According to the Secretary of State’s office, the state stands to save roughly $20,000 by holding part of the election alongside the regular midterms, and would have saved between $41,000 and $55,000 had the original November special election date gone forward.
But even with the revised schedule, Sanders has caught flak from Stubblefield’s daughter, Amber Sullivan; Sen. Bryan King, R-Green Forest; the Republican candidates to replace Stubblefield; and opponents of the planned prison.
In a phone interview with the Advocate Monday, Shelby said it seemed as though Sanders was “undermining the voting rights of the people in our district.”
“We’ve got to resolve this and ensure our voices are heard,” he said.
While the prison votes are important, Shelby said District 26 voters need to have a voice on other important issues, such as school voucher money and child care funding. Shelby said he spoke to “every single one” of the declared candidates, and that they were ready to go as well.
“We need someone in there before the budget session comes,” he said. “I think all of the candidates are ready. … They were prepared to go early on. So there’s no reason why we should hold this election in June.”
Three Republicans have announced their intent to run — Ted Tritt and Brad Simon of Paris and former state Rep. Mark Berry of Ozark. No Democrats have entered the race so far.
Adam Watson, director of Gravel and Grit and an opponent of the Franklin County prison project, voiced support for Shelby’s lawsuit.
“We’re glad to see action taken to cure such an egregious act of disregard for the constitutional rights of every citizen of SD26,” Watson said in a text message. “The Governor’s actions surrounding the prison, potential ICE facility, and now the district’s right to representation will all set a dangerous precedent for governance by executive force if left unchecked.”
Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.
