Franklin County resident Colt Shelby has filed a lawsuit in Pulaski County Circuit Court with the hope of forcing a special election in December for the Senate District 26 seat left vacant with the Sept. 2 passing of Sen. Gary Stubblefield, R-Branch.
The lawsuit, filed Monday (Oct. 6) afternoon on behalf of Shelby by Bentonville attorney Jay Standerfer, lists Gov. Sarah Sanders and Arkansas Secretary of State Cole Jester as defendants. The filing asks for a court ruling no later than seven days.
Gov. Sanders set the primary election[1] for March 3, 2026, with the special general election date set for June 9. The lawsuit filed by Shelby asks the court to set the special general election date for Dec. 9, 2025.
Shelby argues in the lawsuit that a June 9 election date will deprive residents in the district representation during ongoing legislative committee meetings, and during the upcoming 2026 fiscal session.
“The General Assembly will officially convene and begin the 2026 Fiscal Session on April 8, 2026, where it will determine how to spend billions of dollars of taxpayer money and set the state budget for the upcoming fiscal year,” the filing noted. “The Governor’s designated election schedule prevents the people of Senate District 26 from having representation at the 2026 Fiscal Session.”
The election set by Sanders was selected after consulting with election officials and has several benefits, according to a statement from Sanders’ office in response to the lawsuit.
“Following conversations with election officials, the Governor decided that 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,” noted the statement from spokesman Sam Dubke.
The election has taken on added significance with the Senate district including the proposed site in Franklin County for a state prison. Gov. Sanders and other state officials announced Oct. 31, 2024, that the state had purchased land north of Charleston in Franklin County to build the prison. The cost for the 815 acres was $2.9 million.
The effort to build the prison has generated opposition from Franklin County residents and Arkansas legislators, with Sen. Stubblefield a leader of the anti-prison effort before his death. The Arkansas Senate failed to advance a funding bill for a new state prison late in the recent regular session. The $750 million funding measure failed five times to get a 75% vote from senators.
Senate District 26 includes parts of Franklin, Johnson, Logan and Sebastian counties. Towns in the large legislative district include Barling, Booneville, Charleston, Clarksville, Greenwood, Lamar, Lavaca, Ozark, and Paris.
Former State Rep. Mark Berry, R-Ozark, retired Booneville educator Brenda Brewer, Paris businessman Brad Simon, and Paris businessman Ted Tritt have announced as Republicans for the District 26 seat. No Democrats have announced for the seat.
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References
- ^ set the primary election (talkbusiness.net)