Franklin County resident sues Gov. Sanders, Secretary of State over District 26 special election timeline

FRANKLIN COUNTY, Ark. (KNWA/KFTA) — A Franklin County resident filed a lawsuit against Gov. Sarah Huckabee Sanders and Secretary of State Cole Jester over the timeline for the Arkansas Senate District 26 special election.

The District 26 seat was left vacant by Sen. Gary Stubblefield after his death on Sept. 2.

The district includes parts of Franklin, Sebastian, Logan and Scott counties.

Sanders said in a proclamation on Sept. 26 that the special primary election would be held on March 3, 2026, and the general election on Nov. 3, 2026.

After receiving backlash from the decision, Sanders moved the general election date to June 9, 2026.

Sen. Bryan King (R-Green Forrest), who represents District 28, which includes parts of Franklin County, criticized the governor’s new timeline, saying it leaves the district without representation during key budget decisions.

In the lawsuit filed on Oct. 6, the petitioner, Colt Shelby, said that Arkansas law requires special elections to be held “on a date as soon as possible after the vacancy occurs” and “not more than 150 days after the occurrence of the vacancy.”

Stubblefield’s seat was declared vacant 13 days after his death on Sept. 15. The lawsuit says the November 2026 election date would be 436 days after the vacancy was declared.

Shelby argues that the June 2026 date violates state law, and it also leaves District 26 without representation for the 2026 Fiscal Session and weekly legislative committee meetings.

The lawsuit asks the court to declare that the election be held within 150 days after the vacancy declaration and to issue an order for it to be held on Dec. 9, 2025. It also asks for the court to direct the Secretary of State to send necessary documents to election commissioners for the new special election date.

A spokesperson for Jester’s office released the following statement to KNWA/FOX24:

“We look forward to a full victory.”

KNWA/FOX24 also reached out to Sanders’ office for a statement and received the following from a spokesperson:

“Following conversations with election officials, the Governor decided that holding the primary for District 26 on the statewide primary date and holding the special election on the soonest possible date afterward saves taxpayer dollars and ensures the election is free, fair, and secure.“