Pulaski County Circuit Court Judge Shawn Johnson said he hopes to rule soon on a case involving political representation in a Central Arkansas community.
House District 70’s legislative seat is empty after Republican Rep. Carlton Wing resigned to lead Arkansas PBS. The district covers tens of thousands of voters in North Little Rock and Pulaski County.
Gov. Sarah Huckabee Sanders set the special election to fill his post for June 2026. This means District 70 would not have representation at the 2026 fiscal legislative session, where lawmakers set the state's budget. At a court hearing Tuesday, residents said the delayed election amounts to “taxation without representation.”
They are part of a lawsuit against Gov. Sanders and Secretary of State Cole Jester asking a judge to move the general election date to March 3, the governor's preferred date for the primary election.
Plaintiffs want a new elected representative before the start of the session in April.
A lot of the discussion hinged on differing interpretations of law. State law requires elections happen within 150 days of a vacancy unless it is “impracticable or unduly burdensome.” The governor's timeline is over 250 days from the vacancy.
Lawyers for the governor's office say the 150-day timeline is “clearly impracticable,” or even “impossible.”
But, Pulaski County election employees said its both doable and a tight squeeze.
“We could accomplish it again,” said Amanda Dickens, the election coordinator in Pulaski County with over a decade of election work.
The election timeline proposed in the suit is the same one used when Democratic lawmaker John Walker died in 2019. The same election officials were able to pull a quick election together.
“The county is capable,” Pulaski County Clerk Terri Hollingsworth said, adding they've “done it before.”
The state’s attorneys said the proposed timeline would mean key dates would get missed.
In her testimony, Dickens agreed this was likely.
The Help America Vote Act, or HAVA, sets basic voting standards, including requirements for disability access and vote by mail. Officials gave conflicting responses to questions about HAVA. Some seemed to think it would be impossible to follow the law while having an election in the next few months.
On the stand, Pulaski County employees said they were not informed of the governor's special election timeline. Many said they learned about it “on the news.”
The suit convened both Pulaski County and North Little Rock residents. Bloggers Scott Perkins and Janie Ginocchio said they wanted representation in coming budget discussions.
They joined with fellow district resident Julie Rhodes, state Democratic Party chair Col. Marcus Jones and Democratic candidate Cordelia Smith-Johnson.
The litigants described holding off on the election as “taxation without representation,” in a recurring description of the lawsuit as echoing themes of the American Revolution.
The state called Laura Wiles, a recently hired employee at the Secretary of State's office. Wiles said the dates are “not practical if you are going to meet the deadlines.”
Wiles seemed uncomfortable and reluctant during testimony. On cross, she sparred with lawyer Jess Askew. He tried to bring down the temperature, saying:
“I hope I am not being overbearing.”
Wiles made several admissions to Askew. She said she was asked to testify by state officials, that she had never conducted a statewide election, and that she was reading from her affidavit during testimony. Though, she preferred to say she was “conferring” with her affidavit.
Wiles said she had received official notification from the governor about the election dates, but was unclear about when that was received.
A judge ruled last week against Gov. Sanders in a similar case involving a Northwest Arkansas legislative vacancy. In that case, Pulaski County Circuit Judge Patricia James said going through a fiscal session without representation would “unconstitutionally impair” district residents.
