Court rules against Gov. Sanders in Senate District 26 special election

Pulaski County Circuit Court Judge Patricia James said Wednesday (Oct. 22) that Gov. Sarah Sanders’ date for a special election in Senate District 26 violates the constitutional rights of residents in the district and ordered an earlier election date to be set.

“Based on the undisputed testimony presented during the hearing, an earlier more practicable date is available,” James noted in the 8-page ruling. (Link here for a copy of the ruling.)

Gov. Sanders said she will appeal the ruling.

Franklin County resident Colt Shelby on Oct. 6 filed a lawsuit with the Pulaski County Circuit Court that seeks a special election in December for the Senate District 26 seat left vacant with the Sept. 2 passing of Sen. Gary Stubblefield, R-Branch. The lawsuit lists Gov. Sarah Sanders and Arkansas Secretary of State Cole Jester as defendants. The office of Arkansas Attorney General Tim Griffin is representing the defendants.

Gov. Sanders set the primary election for March 3, 2026, with the special general election date set for June 9. In her election call, Sanders declared that it is ‘impracticable or unduly burdensome” to hold an election within 150 days of the declared vacancy in the district seat.

Shelby, through attorney Jennifer Waymack-Standerfer, alleges that a June 9 election will deprive district residents of representation during ongoing legislative committee meetings, and during the upcoming 2026 fiscal session, which begins April 8, 2026. The lawsuit also alleges that Sanders is required to set an election within 150 days of a declared vacancy. The lawsuit filed by Shelby asks the court to set the special general election date for Dec. 9, 2025.

James agreed with Shelby’s claim of not having representation during the session.

“To allow the special election to take place after the conclusion of a legislative session would indeed result in an infringement of a constitutional right based on the fundamental principle of ‘no taxation without representation,’” James wrote.

Standerfer said her filing asks for the same schedule set by then Gov. Asa Hutchinson when Arkansas Sen. Lance Eads, R-Springdale, resigned in October 2021 to take a job with a lobbying firm. She said election officials have testified that they can make the same schedule work for a Senate District 26 special election.

“We asked for the same schedule that Gov. Hutchinson set to fill Lance Eads’ vacancy,” Standerfer said. “Lance Eads vacancy occurred on October 28, the proclamation was issued on the 29th, and all the election requirements were completed by February 8. That was in 2021 and 2022. … They did it under Hutchinson, so there is no reason we can’t do it now.”

Ryan Hale, senior assistant attorney general in Griffin’s office, filed a motion to dismiss the lawsuit prior to the Oct. 15 hearing. Hale argued in his motion that Shelby “failed to state a claim” that requires relief. Hale also cites sovereign immunity – a rule that does not allow a government to be sued unless it provides consent – as a reason the case should be dismissed. Also, Hale asserts in his 8-page motion, even if claims in the Shelby lawsuit are true, they aren’t illegal.

“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,” noted a statement from the governor’s office after the ruling.

In a statement, Standerfer said she hoped all parties could move forward on setting a new election date.

“I reached out to the AG’s office this afternoon to see if we can offer the Court an agreed calendar,” she said. “I look forward to their response. Senate District 26 and I are hoping the Governor will move quickly to set an expedited special election schedule.”

A lawsuit similar to the one filed on behalf of Shelby was filed Oct. 21 related to a called special election to fill the vacant state House District 70 seat.

“We are encouraged by the ruling in Senate District 26, and 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,” said Democratic Party of Arkansas Chair Marcus Jones. “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.”

BACKGROUND
The District 26 election has taken on added significance with the Senate district including the proposed site in Franklin County for a state prison. Gov. Sanders and other state officials announced Oct. 31, 2024, that the state had purchased land north of Charleston in Franklin County to build the prison. The cost for the 815 acres was $2.9 million.

The effort to build the prison has generated opposition from Franklin County residents and Arkansas legislators, with Sen. Stubblefield a leader of the anti-prison effort before his death. The Arkansas Senate failed to advance a funding bill for a new state prison late in the recent regular session. The $750 million funding measure failed five times to get a 75% vote from senators.

Senate District 26 includes parts of Franklin, Johnson, Logan and Sebastian counties. Towns in the large legislative district include Barling, Booneville, Charleston, Clarksville, Greenwood, Lamar, Lavaca, Ozark, and Paris.

Former State Rep. Mark Berry, R-Ozark, retired Booneville educator Brenda Brewer, Paris businessman Brad Simon, and Paris businessman Ted Tritt have announced as Republicans for the District 26 seat. No Democrats have announced for the seat.