Arkansas Gov. Sarah Huckabee Sanders speaks during the Republican National Convention in July 2024 (PBS NewsHour/YouTube).
In a recent ruling, a judge strongly criticized Arkansas Governor Sarah Huckabee Sanders for her decision to postpone a special election until the following summer, arguing that the delay would effectively deny citizens their right to representation. The dispute centers around the special election to fill the seat of the late state Senator Gary Stubblefield, who served Arkansas’ District 26 until his passing last month.
Judge Patricia James of the Sixth Judicial Circuit issued an eight-page order addressing the issue, highlighting that Governor Sanders had set the special election date for June 9, 2026. This decision came after the vacancy was officially recognized. However, the timing of the election is a point of contention as it exceeds the 150-day limit mandated by state law and falls after the 2026 fiscal session scheduled from April to May.
In her ruling, Judge James emphasized the constitutional implications of such a delay, stating, “If the special election is held on June 9, 2026, the citizens of Senate District 26 will have no representation for the entire 2026 Fiscal Session of the General Assembly.” She further asserted that this scenario would result in an unconstitutional deprivation of representation for the district’s residents.
The judge also cautioned about the “far-reaching ramifications” of allowing Governor Sanders to proceed with her chosen date. She underscored the importance of timely representation for the constituents of District 26, a point made clear in her detailed order.
This decision comes as the Arkansas Senate wrapped up its fiscal session for the year and announced plans to evaluate spending bills during the next gathering, a process that hinges on the active participation and representation of all districts, including District 26.
They would not be able to fully and effectively participate, nor would they be able to have an effective voice in the election of members of their state legislature. 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 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 and any action resulting in the denial of adequate representation for any Arkansas citizen conscience of this court.
At the conclusion of this year’s fiscal session, the Arkansas Senate outlined its plans to “consider spending bills” during next year’s convention.
There are 256 days between June 9, 2026, and Sept. 26, 2025, the day Sanders set that June date for the special election. An Arkansas governor can set a special election outside of the 150 days if scheduling one within that time frame would be “impracticable or unduly burdensome,” state law says.
However, James wrote that “the analysis does not stop there” — the General Assembly has stated “the special election shall be held as soon as practicable after the one-hundred-fiftieth day following the occurrence of the vacancy.”
Sanders has maintained that she has the “discretion” to set dates for special elections and that the court does not have the authority to overrule her. On this point, James was especially clear: “Although this court agrees that the Governor has the sole ability to set dates for a special election, that authority is not absolute.”
“The court has the ability and authority to determine whether the application of such statute is applied constitutionally,” the judge went on. “The Supreme Court of Arkansas has specifically held that ‘a state official who acts unlawfully does so without the authority of…the state in its sovereign capacity.’ Especially when such authority by the Governor runs the risk of circumventing a constitutionally protected right.”
The lawsuit was filed by Colt Shelby, a farmer in Franklin County who is registered to vote in Senate District 26, according to the Arkansas Times. He asked the court “to find the Governor failed to follow the law concerning the calling of special elections to fill vacancies.”
James ultimately sided with Shelby, ruling that the date for the special election “shall be set as soon as practicable after the one-hundred-fiftieth day following the occurrence of the vacancy in accordance.”
Sanders and Arkansas Attorney General Ryan Hale promptly appealed her ruling to the Arkansas Supreme Court. Shelby’s attorney subsequently cross-appealed, seeking “expedited proceedings” because “time is of the essence” and the citizens “suffer direct harm during each day of disenfranchisement.” He wants a decision “as soon as possible” but no later than Nov. 23.
