Governor Sarah Huckabee Sanders faced another legal setback this week after the Arkansas Supreme Court declined to side with her administration in a dispute over the timing of two special elections — the latest in a string of rulings questioning her use of executive power.
The court’s brief decision offered no explanation, but it effectively upheld earlier circuit court rulings that found Sanders had scheduled the elections too late, violating the state’s constitutional guarantee of representation.
The controversy began after the deaths and resignations of two state lawmakers this fall. In September, state Senator Gary Stubblefield, who represented District 26, passed away, and Sanders set a special election for June 9, 2026 — nearly nine months after his seat became vacant. Sixth Judicial Circuit Judge Patricia James ruled that date unconstitutional, noting it fell outside the 150-day limit established by state law and after the legislature’s 2026 fiscal session, which runs 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,” James wrote in her October 22 order. “The citizens of Senate District 26 would be unconstitutionally impaired if this were to occur.”
Attorney General Tim Griffin’s office attempted to consolidate the two cases and delay enforcement while the state appealed, but the Supreme Court denied the motion and refused to issue a stay.
A spokesperson for Griffin expressed disappointment in the rulings and said the state would “continue to vigorously defend the Governor and Secretary of State.” The governor’s office did not immediately respond to requests for comment.
The ruling marks Sanders’ second major courtroom loss in as many weeks. Earlier this month, Judge James also struck down her attempt to transfer control of the state’s prison system from the Board of Corrections to the governor’s office, calling the move “unconstitutional.” Sanders has vowed to appeal that decision to the state’s highest court as well.
Taken together, the rulings illustrate growing judicial resistance to Sanders’ expansive view of executive authority. Since taking office, she has styled herself as a reform-minded conservative determined to consolidate state power and move quickly on policy — but her approach has repeatedly run up against Arkansas’ constitutional checks and balances.
For now, both legislative seats must be filled sooner than Sanders planned, ensuring that voters in those districts will have representation during the 2026 fiscal session — and reaffirming the courts’ view that even governors must follow the law.
