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Judge rules in favor of Democrats in Arkansas special election dispute and orders the District 70 vote to be held earlier than planned

Little Rock, Arkansas – A Pulaski County Circuit Court judge has ruled in favor of the Democratic Party of Arkansas, ordering that the special election for the District 70 House seat be held earlier than originally planned. The decision, issued Friday by Judge Shawn J. Johnson, marks a significant development in the ongoing debate over how quickly voters in the district should regain representation following Rep. Carlton Wing’s resignation.

The dispute began after Democrats filed a lawsuit on October 28, arguing that Governor Sarah Huckabee Sanders’ scheduling of the election would leave the district unrepresented for too long. Sanders had originally set the primary election for March 3, 2026, and the general election for June 9, 2026, dates that would fall well after the state’s planned April legislative special session. Democrats contended that this timeline violated the intent of state law and deprived District 70 residents of having a voice in state government during an important session.

Governor Sanders defended her decision, stating that the dates she chose were best suited to ensure “election security and cost efficiency.” Her administration maintained that the law allows flexibility beyond the 150-day requirement for holding a special election following a resignation — a clause that she and state attorneys said gave the governor discretion to set later dates if circumstances warranted.

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But in his ruling, Judge Johnson disagreed with that interpretation, noting that the 150-day guideline should remain the standard unless exceptional conditions justify an extension. He emphasized that while the governor has some discretion, it does not override the legislative intent to hold timely elections when possible. “The governor’s discretion is not the only factor that applies to setting a date,” Johnson wrote, pointing out that the statute’s language makes clear that the timeline is meant to maintain fair and prompt representation.

As a result, the court ordered the special election to take place on March 3, 2026, effectively moving up the date to fall within the expected statutory period. While the ruling doesn’t drastically change the election timeline, it reinforces the court’s position that voters should not go without representation longer than necessary.

The legal battle mirrors a similar case in District 26, where the seat formerly held by the late Sen. Gary Stubblefield was also the subject of a scheduling dispute. In that case, Judge Patricia James ruled on October 22 that the election should also be held sooner than Governor Sanders had planned. Attorney General Tim Griffin has since appealed that ruling, signaling that the debate over the scope of the governor’s election-setting powers may continue.

District 70, which covers much of Camp Robinson and surrounding neighborhoods extending into Indian Hills and Village East north of North Little Rock, has long been known for its tight political contests. In the most recent election, Carlton Wing, a Republican, narrowly defeated his Democratic challenger by just 286 votes — winning 7,541 to 7,255.

Read also: Highway 181 near Keiser will close for bridge replacement with detours in place for local and through traffic

With the court’s latest decision, attention now turns to how the revised schedule might affect potential candidates and campaign strategies. Both parties are expected to move quickly to organize for the March vote, setting up what could be another closely contested race in one of Arkansas’s most competitive legislative districts.

For District 70 voters, the ruling ensures that their voices will be heard sooner rather than later — a result that Democrats hailed as a win for fairness and representation. Meanwhile, the governor’s office has not yet indicated whether it will appeal the decision, leaving open the possibility of another round of legal wrangling before the ballots are finally cast.

 

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