Gov. Sanders abides by court orders, sets new dates in two legislative special elections

Gov. Sarah Sanders on Sunday (Nov. 16) begrudgingly relented to two court orders requiring her to set new special election dates for Arkansas Senate District 26 in western Arkansas and House District 70 in central Arkansas.

Following the Sept. 2 passing of Sen. Gary Stubblefield, R-Branch, who held the Senate District 26 seat, Sanders set a special election for June 9, 2026, with a primary to be held March 3. The same special election dates were set in the House District 70 seat when Rep. Carlton Wing, R-North Little Rock, vacated the seat in October after he was appointed executive director of Arkansas PBS.

Arkansas law says a special election is to be held “as soon as possible after the vacancy occurs” but no more than 150 days later unless the governor determines it is “impracticable or unduly burdensome.” In setting the initial election dates, Sanders maintained that it was “impracticable or unduly burdensome to hold the special election within 150 days after the occurrence of the vacancy.”

Colt Shelby on Oct. 6 filed a lawsuit with the Pulaski County Circuit Court to seek an earlier date for the District 26 special election. The lawsuit, filed by Bentonville-based attorney Jennifer Waymack-Standerfer, listed Gov. Sanders and Arkansas Secretary of State Cole Jester as defendants.

Circuit Court Judge Patricia James ruled for Shelby on Oct. 22, and the Arkansas Supreme Court on Nov. 13 denied an effort by the office of Arkansas Attorney General Tim Griffin to stay the lower court’s ruling requiring a new special election date.

The Democratic Party of Arkansas and four individuals also sued Sanders to force an earlier special election to fill the vacant state House District 70. Pulaski County Circuit Court Judge Shawn Johnson also ruled that Sanders must set an earlier date in the District 70 special election. Both lawsuits noted that the dates set by Sanders would mean residents of the districts would not have representation during Arkansas’ legislative fiscal session which begins in April.

A Sunday afternoon press release from Sanders’ office declared the governor was being forced to set an “unlawful’ election schedule for both districts.

“This court order violates the rights of overseas Arkansas citizens, including our military, who will not receive timely notice and opportunity to vote ….” noted the election proclamations issued for District 26 and District 70. “This proclamation is being issued with objection, and only to comply with the circuit court’s unlawful order.”

The proclamation also noted that “the circuit court substituted judicially invented election policy for the General Assembly’s lawfully enacted statutes.”

With both district elections, the primary will be held Jan. 6, and will be followed March 3 with the special election. Standerfer said she is happy with the new election dates.

“The dates look good for Senate District 26,” she said. “County election officials testified they could comply with the law and meet that timeline. We’re grateful for their service and commitment to free, fair, and secure elections.”

Candidates filed for the District 70 race, which includes part of North Little Rock, are Democrats Alex Holladay and Cordelia Smith-Johnson, with Bo Renshaw filing as a Republican.

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.

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.