Franklin County man wins court ruling in lawsuit about special election dates for Arkansas Sen. Gary Stubblefield’s seat

FRANKLIN COUNTY, Ark. (KNWA/KFTA) — A judge in Pulaski County has backed a Franklin County man’s challenge to Gov. Sarah Huckabee Sanders’ special election plan for the District 26 Senate seat vacated by the late Sen. Gary Stubblefield.

In an order filed Oct. 22, Circuit Judge Patricia James ruled that Colt Shelby’s petition was granted, requiring the election to be scheduled as soon as practical after 150 days of the vacancy — meaning it must take place before Feb. 23, 2026.

During an Oct. 15 hearing, election commissioners from Franklin and Logan counties testified they could hold the election alongside the state primaries on March 3, 2026, though it would be “difficult” for election officials.

The seat opened after Sen. Gary Stubblefield died on Sept. 2. District 26 includes parts of Franklin, Johnson, Logan and Sebastian counties.

Sanders originally set the special primary for March 3, 2026, with a general election scheduled for Nov. 3, 2026. Following backlash over the prolonged delay, she rescheduled the general election for June 9, 2026, but maintained the March 3, 2026 primary date.

Arkansas Attorney General Tim Griffin, arguing on behalf of Gov. Sarah Huckabee Sanders and Secretary of State Cole Jester, sought to have the suit dismissed, claiming the governor acted lawfully and was protected by sovereign immunity.

Shelby argued that waiting until November would leave the district without representation for the 2026 Fiscal Session, which is scheduled to begin on April 8, with filing starting on March 9 and weekly legislative meetings. The judge agreed, writing that residents “would be unconstitutionally impaired” without an elected senator.

“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,” the judge wrote in her opinion.

Sanders said her original schedule was intended to save money and simplify logistics while assuring security, but adjusted it in response to public concerns and backlash.

Attorney General Tim Griffin said his office would appeal James’ ruling.

The full filing can be read above.

On Monday, the Democratic Party of Arkansas filed a similar lawsuit on the special election dates for the House District 70 seat vacated by Carlton Wing. The governor used the exact dates as those used for the Stubblefield/District 26.

Those dates left voters without representation during the legislature’s fiscal session, the DPA suit alleged. The suit was also filed in Pulaski County Circuit Court.

“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,” the DPA said in reaction to the District 26 ruling.