A Pulaski County judge said Wednesday she plans to issue a fast ruling in a lawsuit seeking to move up the special election for Senate District 26.
The case, filed last week by attorney Jennifer Waymack Standerfer on behalf of Franklin County resident Colt Shelby, asks the court to hold the election sooner than currently scheduled. The seat became vacant after the death of Branch Republican Sen. Gary Stubblefield. The lawsuit says the current election timeline would keep District 26 residents from having a voice during the 2026 fiscal session, which starts in April.
Pulaski County Circuit Judge Patricia James did not make a decision after the two-hour hearing, but told the packed courtroom she understood the urgency. “I know it’s important to everyone here,” she said. “It will be quick.”
The state, represented by the attorney general’s office, argued the lawsuit should be thrown out. Senior Assistant Attorney General Ryan Hale said the court doesn’t have the authority to set election dates and that the governor is immune from such lawsuits under state law.
Standerfer’s amended complaint asks the court to require Gov. Sarah Huckabee Sanders to schedule the special election “on the earliest date” possible, while still following election laws. Hale countered that the governor alone has the power to decide if holding an election sooner than 150 days after a vacancy is too burdensome.
State law normally requires a special election within 150 days of a legislative vacancy, unless the governor says it would be impractical. Sanders originally scheduled the primary and general elections for March 3 and Nov. 3, lining up with the state’s midterm elections. After criticism, she moved the general election to June 9.
The timing has drawn attention because the District 26 seat includes parts of Franklin County, where the state has proposed building a 3,000-bed prison. Lawmakers may vote on funding for the project during the fiscal session, which begins in April. Residents near the proposed site have voiced strong opposition, and previous funding bills failed multiple times.
Six witnesses spoke during Wednesday’s hearing, including Shelby, Stubblefield’s daughter Amber Sullivan, Republican Sen. Bryan King, and election officials from Franklin and Logan counties. Logan County election coordinator Jo Dawn Carter said her office is ready to handle the election if dates are moved up, though the earlier the election, the more work it would take to prepare.
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