BY: AINSLEY PLATT-OCTOBER 22, 2025 7:01 PM
A Pulaski County Circuit judge ruled in favor of a Franklin County resident Wednesday and said a June 2026 special election to fill a vacant state Senate seat unconstitutionally deprives voters of a voice in next year’s legislative session.
Judge Patricia James’ eight-page ruling orders the state to hold the election “as soon as practicable” after the legal limit of 150 days from the vacancy to ensure that the date for the special election “will not infringe upon or curtail the constitutional and fundamental rights of the citizens of Arkansas Senate District 26.”
Attorney General Tim Griffin and Gov. Sarah Huckabee Sanders said through spokespersons that that they plan to appeal.
James’ ruling stems from a lawsuit filed by Colt Shelby of Cecil against Sanders and Secretary of State Cole Jester over Sanders’ decision last month to schedule a special election in the district after the death of Republican Sen. Gary Stubblefield of Branch. Sanders originally set the election for Nov. 13, but after bipartisan pushback she revised the general election date to June 9, 2026. That date would still occur after the end of the fiscal session, set to begin April 8 and end May 7.
State law requires that special elections to fill legislative vacancies be held no later than 150 days after the vacancy, unless it is “impracticable or unduly burdensome” to do so.
James said in her ruling that setting the dates in June, after multiple county election officials testified that earlier dates were possible, amounted to “an infringement of a constitutional right based on the fundamental democratic principle of ‘no taxation without representation.’”
“There would be far-reaching ramifications if the Governor were allowed to deny duly elected representation for the citizens of the State of Arkansas,” James wrote.
Colt Shelby of Cecil filed the suit against Sanders and Secretary of State Cole Jester on Oct. 6. A hearing on his request for an injunction, declaratory judgment and writ of mandamus was held Oct. 15.
James rejected arguments by Griffin’s office that the court did not have the authority to review Sanders’ decision on the dates, calling the assertion “ill-founded.”
“Although this court agrees that the Governor has the sole authority to set dates for a special election, that authority is not absolute,” the judge wrote.
Assuming the Legislature gave the governor absolute authority to set special elections “without the traditional checks and balances provided in our democratic system, the special election statute would be facially unconstitutional,” James wrote.
The law requires that a special election be held as soon as possible following the 150-day mark if holding later is necessary. Three election workers from the counties comprising the Senate district testified that holding an election earlier than the June date was possible, James noted.
“Based on testimony presented during the hearing, an earlier more practicable date is available,” James said. “The court heard uncontroverted testimony … that they would be able to meet all the state and federal guidelines should the special election be set on” the same date as the regular midterm primary election, March 3.
“Governor Sanders is confident that on appeal, the law clearly giving the Governor the authority to set special elections will be upheld and ultimately save taxpayer dollars and ensure the election is free, fair, and secure,” Sanders’ spokesperson Sam Dubke said in a statement.
“I am disappointed by the ruling and plan to appeal,” Griffin said via a spokesperson.
Of prisons and other lawsuits
Legislators are expected to vote on funding the controversial Franklin County prison project during the 2026 fiscal session. Preliminary estimates put the cost of the 3,000-bed facility at $825 million.
Stubblefield staunchly opposed locating the prison in his district prior to his death, and it is deeply unpopular with many in the district. An appropriations bill to fund the prison’s construction failed five times in the 2025 session.
Numerous special elections over the last 15 years have gone past the 150-day mark, but Sanders’ revised schedule for Stubblefield’s seat is the longest by far, according to an unpublished Senate memo.
Shelby said in a text message after the ruling that he was “so glad justice is served,” and that he hoped to have representation by February.
The ruling comes as a separate but similar lawsuit filed Tuesday by the Democratic Party of Arkansas over the House District 70 special election awaits a hearing. Sanders set identical special primary and general election dates after former Rep. Carlton Wing resigned last month to lead Arkansas PBS.
Party Chair Marcus Jones said in an emailed statement that the party was “encouraged” by the ruling in Shelby’s lawsuit.
“We are grateful that the court is siding with the residents of the River Valley, rather than our Governor who is abusing her power and refusing to fill these vacancies,” Jones said. “The court agrees: Taxation without representation is wrong. That’s why we filed suit with the Governor in House District 70, and that’s why we’re hopeful that we’ll prevail there as well.”
