Governor Sarah Huckabee Sanders (R-AR) faced a legal setback from an Arkansas state judge over her plan to delay a special election to fill a vacant state legislative seat. Sanders scheduled the special election to replace Republican state Sen. Gary Stubblefield for June 2026, extending well beyond the state law requirement to hold such an election within 150 days of the vacancy.
According to a report by Law & Crime, there are 256 days between June 9, 2026, and September 26, 2025 — the date Sanders set for the special election. Arkansas law allows a governor to set a special election date outside the 150-day window only if scheduling the election sooner would be “impracticable or unduly burdensome.”
Sanders argued in court that the governor alone has the authority to determine when the 150-day limit is impracticable or unduly burdensome, and that the courts do not have the power to intervene in such decisions. However, Sixth Judicial Circuit Judge Patricia James strongly disagreed.
In her ruling, Judge James emphasized that Sanders’ decision effectively deprives the citizens of the affected district of their constitutional rights. She wrote, “They would not be able to fully and effectively participate, nor would they be able to have an effective voice in the election of members of their state legislature.”
Judge James further noted, “To allow the special election to take place after the conclusion of a legislative session would indeed result in an infringement of a constitutional right based on the fundamental democratic principle of ‘no taxation without representation.’ There would be far-reaching ramifications if the Governor were allowed to deny duly elected representation for the citizens of the State of Arkansas and any action resulting in the denial of adequate representation for any Arkansas citizen is conscience of this court.”
Regarding Sanders’ claim that the governor has sole authority to set special election dates, Judge James stated, “The court has the ability and authority to determine whether the application of such statute is applied constitutionally. The Supreme Court of Arkansas has specifically held that ‘a state official who acts unlawfully does so without the authority of the state in its sovereign capacity.’ Especially when such authority by the Governor runs the risk of circumventing a constitutionally protected right.”
This ruling marks a significant rebuke of Governor Sanders’ efforts to delay the special election and underscores the judiciary’s role in protecting voters’ rights to timely representation.
https://www.rawstory.com/sarah-huckabee-sanders-2674231842/
