Attorney Jen Standerfer hopes for a “fair and reasoned” result with the Oct. 15 hearing on a lawsuit seeking to expedite a special election in Senate District 26. Pulaski County Circuit Court Judge Patricia James is set to preside over the hearing.
The lawsuit was filed Oct. 6[1] on behalf of Franklin County resident Colt Shelby by Standerfer and lists Gov. Sarah Sanders and Arkansas Secretary of State Cole Jester as defendants. The filing seeks to force 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 office of Arkansas Attorney General Tim Griffin is representing state officials in the hearing.
Gov. Sanders set the primary election[2] 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, through his attorney, alleges that a June 9 election will deprive district residents of representation during ongoing legislative committee meetings, and during the upcoming 2026 fiscal session. The lawsuit also alleges that Sanders is required to set an election within 150 days of a declared vacancy.
Standerfer said her hope is the hearing will conclude in one day with a ruling as soon as possible.
“This one is also particularly time sensitive, because every day that ticks off in litigation makes it harder to comply with the 150-day requirement and sets it (election) off further,” she said.
As to if the Dec. 9 date is practical, Standerfer said the purpose of the litigation is to begin discussing a date before the 2026 fiscal session instead of after.
“If we can’t make December, then it needs to be January,” she said “And if it can’t be January, it needs to be February. We shouldn’t start on the back end and work closer, we should start at the closest possible date and that should be the date that we seek. Even though I requested December 9, every day that we tick off between now and the hearing makes it harder for the election commission to move forward.”
Sanders’ office has said holding the election “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.”
“We will vigorously defend Governor Sanders and Secretary Jester in this case,” said Jeff LeMaster, Griffin’s communications director.
Samantha Boyd with the Secretary of State’s office said a special election outside of a regular election cycle could cost between $50,000 and $55,000. She said a special election held with only the primary date in a regular election cycle would reduce the cost to around $20,500.
Standerfer said the “right to representation” outweighs any cost concern.
“The law requires 150 days, and it does that because constitutional rights are at issue,” she said. “I think when we get down to this, we are really talking about really fundamental ideas like no taxation without representation.”
State Sen. Justin Boyd, R-Fort Smith, whose district abuts District 26 in the Fort Smith metro, declined to offer his opinion on Gov. Sanders’ special election schedule. He said the Republican Caucus in the Senate asked Gov. Sanders to reconsider the initial date of Nov. 3, 2026, and she acted by moving the date to June 9, 2026.
“The law is what the law is and it puts it (election schedule) in the governor’s court,” Boyd told Talk Business & Politics.
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References
- ^ filed Oct. 6 (talkbusiness.net)
- ^ set the primary election (talkbusiness.net)