Gov. Sarah Huckabee Sanders (R-AR) got a smackdown from an Arkansas state judge over her plan to hold open a vacant state legislative seat for eight months before holding a special election.
According to Law & Crime, Sanders set the special election date to replace Republican state Sen. Gary Stubblefield to June of next year — well past the state law requirement to call it within 150 days of the vacancy.
"There are 256 days between June 9, 2026, and Sept. 26, 2025, the day Sanders set that June date for the special election. An Arkansas governor can set a special election outside of the 150 days if scheduling one within that time frame would be 'impracticable or unduly burdensome,' state law says," the report continued. Sanders argued to the court that the governor alone has power to decide when the time limit is "impracticable or unduly burdensome" and courts do not have authority to intervene.
Sixth Judicial Circuit Judge Patricia James strongly disagreed, noting in her ruling that Sanders is effectively depriving the citizens of that district of their rights.
"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," wrote James. "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 conscience of this court."
As for Sanders' claim that the governor has sole power over setting special election dates, James, wrote, "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 comes after Sanders has taken heat from her own party over the election delay, with some calling it "unacceptable" to hold the district vacant for so long.