Background: The Arkansas Justice Building, the home of the state supreme court, in Little Rock, Arkansas (Arkansas Judiciary). Inset: Arkansas Gov. Sarah Huckabee Sanders speaks during the Republican National Convention in July 2024 (PBS NewsHour/YouTube).
The Arkansas Supreme Court has denied Gov. Sarah Huckabee Sanders' request to halt lower court orders demanding that she expedite special election dates in order to protect citizens' rights.
The high court's refusal to side with Sanders marks the latest legal loss for the governor, who has seen multiple rulings go against her in recent weeks. While the state supreme court did not explain the justices' reasoning for the decision, the circuit judges who issued the original rulings made clear that the cases concerned the "constitutional right" of representation.
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After state Sen. Gary Stubblefield, who represented Arkansas' District 26, died in September, Sanders scheduled a special election for June 9, 2026, to fill the seat. However, Sixth Judicial Circuit Judge Patricia James held that this date is too late — past the 150-day time frame accorded by state law and beyond the state's 2026 fiscal session running from April to May.
"Should the special election take place on June 9, 2026, the citizens of Senate District 26 are left without a senator for the entire 2026 Fiscal Session of the General Assembly," the judge wrote in her order on Oct. 22. "The citizens of Senate District 26 would be unconstitutionally impaired if this were to occur."
James warned of "far-reaching ramifications" if Sanders was allowed to act according to her desire. She continued: "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 conscience of this court."
In a similar case, fellow Sixth Judicial Circuit Judge Shawn Johnson found that a special election held on June 9, 2026, was too late to replace state Rep. Carlton Wing, who resigned in September to become the CEO of Arkansas PBS, the Arkansas Advocate reported. House District 70's special election must be moved to March 3, 2026, the judge ordered, dismissing arguments from Sanders that she had complete discretion over choosing special election dates.
Sanders and her administration made similar arguments in the state Senate District 26 case, and while James said she "agrees that the Governor has the sole ability to set dates for a special election, that authority is not absolute."
The state supreme court ultimately rejected a motion from state Attorney General Tim Griffin's office to consolidate the two cases and denied a stay.
Sam Dubke, Sanders' director of communications, suggested to Law&Crime that the governor will appeal the ruling. "Governor Sanders is confident that on appeal, the law clearly giving the Governor the authority to set special elections will be upheld and ultimately save taxpayer dollars and ensure the election is free, fair, and secure."
A spokesperson for Griffin told the Arkansas Advocate that they were "disappointed by the rulings and will continue to vigorously defend the Governor and Secretary of State."
James handed Sanders a separate defeat in recent days. The Pulaski County judge maintained that the governor's attempt to transfer control over the Arkansas prison system from the state Board of Corrections to herself was "unconstitutional." Following the ruling, a spokesman for Sanders declared that they would appeal that decision to the Arkansas Supreme Court, too.