Pulaski County Circuit Judge Shawn Johnson said during a hearing Tuesday he is working “very quickly” to render a decision in a case that seeks to force the governor and secretary of state to move up the special election date for Arkansas House District 70 from June 9 to March 3.
Johnson’s goal is to hand down a decision before the end of the week, potentially as early as Wednesday, he said during Tuesday’s three-hour hearing on the case, which was brought against Republican Gov. Sarah Huckabee Sanders and Republican Secretary of State Cole Jester by the Democratic Party of Arkansas and four residents of House District 70.
“I know that time is of the essence for everyone involved,” Johnson said.
The former House District 70 representative, Carlton Wing, R-North Little Rock, resigned on Sept. 30 to lead Arkansas PBS. Sanders certified the vacancy on Oct. 1, kick-starting the special election process that has since come under fire because it sets the special election after the 2026 fiscal session, which is set to begin April 8 and end May 7.
It’s the second lawsuit filed against Sanders and Jester this year challenging the dates Sanders set for special elections because they bypass the fiscal session. The other is the case of Senate District 26. That seat has been vacant since early September following the death of Sen. Gary Stubblefield, R-Branch. A Pulaski County circuit judge recently ruled the special election for Senate District 26 cannot be put off until June, though the ruling was appealed.
Arkansas law stipulates that a special election is to be held “as soon as possible after the vacancy occurs,” and no more than 150 days later, unless the governor determines it’s “impracticable or unduly burdensome” to hold such an election. In that case, the election is to “be held as soon as practicable” after the 150th day, the law states.
When setting the special election dates for House District 70, Sanders invoked the “impracticable or unduly burdensome” portion of the law, setting the special primary election and special election dates for March 3 and June 9, respectively. March 3 is also the date of the preferential primary election and nonpartisan judicial election.
Sanders’ spokesperson Sam Dubke has in previous written statements said the decision on the dates was made so that the House District 70 special election lines up with the special election for the Senate District 26 seat.
“Following conversations with election officials, the Governor decided that lining up the District 70 special election with the District 26 special election is just common sense, saves taxpayer dollars, and ensures the election is free, fair, and secure,” Dubke said.
The cohort that filed the lawsuit regarding House District 70 claims Sanders’ decision will deprive tens of thousands of Arkansans of their constitutional right to be represented in the state General Assembly during the 2026 fiscal session. They argue that under state election law, March 3 is the latest lawful date to hold the special election and that Sanders “erroneously” set the special primary election for that date.
Attorneys in Arkansas Attorney General Tim Griffin’s office, which is representing Sanders and Jester, argued during Tuesday’s hearing that if the court orders the state to move the special election to March 3, it would force Sanders, Jester and other election officials to violate state and federal election law. That’s because it would force them to blow past various voting deadlines stipulated in the code, they argued.
Griffin has filed a motion to dismiss the case, arguing that the Democratic Party of Arkansas and four residents who filed the lawsuit did not make a sufficient legal argument to warrant the court action they are requesting and that sovereign immunity — protections for the state from being sued in its own courts — applies in this case.
State election officials, including Chris Madison, director of the State Board of Election Commissioners, and Laura Wiles, an election coordinator with Jester’s office, said in testimony and written affidavits they did not think it was feasible to hold the special election on March 3. Wiles in her affidavit cited the various deadlines they need to meet to stay in compliance, while Madison in his affidavit cited logistical issues including the training of election staff during the holiday season.
However, Pulaski County Clerk Terri Hollingsworth testified that she believes Pulaski County — where District 70 is located — is capable of holding the election before June 9.
Jess Askew III, attorney for the plaintiffs, pointed out multiple times during the hearing that Pulaski County held a special election in 2020 on a nearly identical timeline after Rep. John Walker, who represented House District 34, died while in office.
On the cost of the election, Madison in his affidavit estimated it would be a minimum $25,000 for a special primary election, an additional $25,000 if there was a runoff and an additional $8,000-$10,000 to hold the special general election on March 3.
Jeff LeMaster, a spokesperson for Griffin, said in a written statement after the hearing: “We will continue to vigorously defend Governor Sanders and Secretary Jester.”
Samantha Boyd, a spokesperson for Jester, said: “We have confidence in our strong representation by the Attorney General.”
A spokesperson for Sanders did not provide comment Tuesday evening.
Marcus Jones, the chair of the Democratic Party of Arkansas, said in a news release following the hearing the group was proud of the case they presented Tuesday.
“Taxation without representation is wrong, plain and simple,” Jones said. “It’s not partisan. The 30,000 residents in House District 70 deserve a say in our state budget during the upcoming fiscal session.”
