Lawsuit asks for quicker timeline to fill vacant Arkansas Senate seat

A lawsuit has been filed in an ongoing disagreement over when to hold an election for a vacant Arkansas Senate seat.

District 26 covers four counties in western Arkansas: Franklin, Sebastian, Logan and Johnson. The plaintiff in the suit, Colt Shelby, has lived in Franklin County for 41 years. He lives in Cecil, a small unincorporated community with a few hundred residents. Though, his family has lived in the county for seven generations.

The district was represented by Republican state Sen. Gary Stubblefield for over a decade. Now, the seat’s vacant. Stubblefield died at the end of September.

State law has protocols for the death of a legislator. The governor is required to call a special election to be held within 150 days of the vacancy, unless that timeline is “impracticable or unduly burdensome.”

On September 26, Sanders announced the special election to coincide with the midterms. This would mean the district would go unrepresented for over a year.

Later that day, she changed her mind. She agreed to move the election to June, meaning the district will still have no representation for the 2026 fiscal legislative session.

In the session, lawmakers are expected to vote on funding for a controversial prison planned in Franklin County. Stubblefield was one of the key “no” votes stopping legislation to fund the proposal.

Shelby's suit asks for the date to be on December 9, the second Tuesday of the month. He filed the suit Monday in Pulaski County Circuit Court.

Shelby said December 9 “seemed like the best date,” as he wants to hold the election “as soon as possible.”

Beyond the prison, he says other major policies like Arkansas LEANS affect the communities of District 26. He wants to give them “voice” in the fiscal session.

He's not alone in his criticisms. Other residents, including candidates for the position, and Stubblefield's own daughter, have said the date should be moved up.

In a statement to Little Rock Public Radio, Sanders' office said the current timetable exists to save money.

“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.”