Arkansas Supreme Court denies stay of ruling in Senate District 26 special election

The Arkansas Supreme Court on Wednesday (Nov. 13) denied an effort by the office of Arkansas Attorney General Tim Griffin to stay a lower court’s ruling requiring a new special election date in Senate District 26.

The court also denied an effort by Griffin’s office to consolidate the Senate District 26 matter with a House District 70 lower court ruling that also mandated a new special election date.

Pending any new legal moves to block the lower court’s ruling, the Supreme Court decision requires a new date be set for Senate District 26.

“I am disappointed by the rulings and will continue to vigorously defend the Governor and Secretary of State,” Griffin said in a statement.

Colt Shelby on Oct. 6 filed a lawsuit with the Pulaski County Circuit Court to seek an earlier date for a special election in the Senate District 26 seat left vacant with the Sept. 2 passing of Sen. Gary Stubblefield, R-Branch. The lawsuit, filed by Bentonville-based attorney Jennifer Waymack-Standerfer, lists Gov. Sarah Sanders and Arkansas Secretary of State Cole Jester as defendants.

The lawsuit asked the court to set the special general election date for Dec. 9, 2025.

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.

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, in his filing, said Sanders is required to set an election within 150 days of a declared vacancy. Standerfer argued 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.

Circuit Court Judge Patricia James ruled for Shelby on Oct. 22. In a request for stay filed Nov. 5, Noah Watson, deputy solicitor general for Arkansas Attorney General Tim Griffin, said James’ ruling “does not even account for all the statutory requirements or any real-world logistics.”

“I’m grateful for a reasoned and right ruling, looking forward to more of them, and I plan to keep working to make sure the Supreme Court has what they need to effectuate that,” Standerfer said in a statement to Talk Business & Politics following Wednesday’s Supreme Court decision.

Wednesday also was the final day of filing for the 2026 election cycle. GOP candidates who filed for Senate District 26 are former State Rep. Mark Berry, R-Ozark, Greenwood resident Wade Dunn, Greenwood resident Stacie Smith, Paris businessman Brad Simon, and Paris businessman Ted Tritt. Franklin County resident Adam Watson filed as an independent. No Democrats filed for the seat, according to the candidate list provided by Jester’s office.