A judge will soon decide when to hold a special election in Northwest Arkansas.
Republican Sen. Gary Stubblefield died in September. He represented District 26 and its 86,000 residents. When a legislator dies, the state has 150 days to fill the position. Gov. Sarah Huckabee Sanders set the election in June, well outside the 150-day threshold.
The June timeframe quickly came under scrutiny. Locals say the community would be without senate representation for months. This matters because the legislature meets in 2026 to pass budget bills, including funding for a controversial prison in Franklin County.
A lawsuit seeks for the election to be held as soon as possible. It was filed by Colt Shelby, a resident of District 26. Filings say the governor is violating state law and the constitution.
“I have a lot of concerns,” he said at a Wednesday hearing.
Shelby's wife is a public-school teacher, so he also wants a legislative voice in discussions over education funding.
Stubblefield was one of several legislators who voted against appropriating state funds for the Franklin County prison. Without him, construction is more likely to move forward, despite many townspeople opposing it.
Shelby was supported by Amber Stubblefield Sullivan. She is the daughter of Sen. Stubblefield. Her voice broke on the witness stand when she spoke about her late father. Sullivan insisted he would not have wanted the position to sit unfilled.
“My father, he represented his district with honesty and transparency,” she said. “He would have been here today.”
Stubblefield's colleague, Sen. Brian King represents a district next to Stubblefield.
“Fiscal sessions are impactful in every part of Arkansans lives," King said.
King said Stubblefield's death means his committee positions are unfilled. Stubblefield had nine committee jobs. In those roles, he made determinations over state funding and oversight of the executive branch.
Three election officials testified at the hearing. Each said they were not consulted by the governor's office about the schedule. They also said they could throw together an election on a shorter time frame.
“If it has to happen, it will happen,” said Franklin County Election Clerk Dara Keese. “We will make it work.”
Jo Bawn Carter, the County Election Coordinator, was more concerned. She said a sooner election could only be done if staffing and equipment “fell into place.”
Meanwhile, the state called no witnesses and made minimal process arguments. They claimed the suit should be tossed under sovereign immunity laws. These are laws barring individuals suing the state. But Arkansas has exceptions for state officials violating the constitution.
Lawyer Jennifer Waymack Standerfer said calling the timeframe constitutional is “absurd.” She accused the state of trying to “dodge” the case “on procedure.”
Judge Patricia James spoke little during the hearing. She said will issue a ruling “quickly” as she “thinks better in writing.”
