11/16/2025 | Press release | Distributed by Public on 11/16/2025 16:22
LITTLE ROCK, Ark. - On October 31, 2025, in violation of state law, the 14th Division, 6th Circuit Court ordered a special election for State Representative for District 70 be held on March 3, 2026. In response, Governor Sanders announced an update to the special election for State Representative for District 70 and for State Senator for District 26.
"The court has ruled that I must set special election dates that would give overseas military members insufficient time to vote, violating Arkansas law and potentially invalidating the entire election," said Governor Sanders. "While I object to this ruling, I will comply with the court's order and remain confident that on appeal, the law plainly giving me the authority to set special elections will be upheld, ensure our elections are free, fair, and secure, and protect the right to vote for our heroes who put their lives on the line to keep us free."
A copy of the Governor's proclamation to fill the vacancy in office for State Representative for District 70 is available below:
TO ALL TO WHOM THESE PRESENTS COME - GREETINGS:
A PROCLAMATION CALLING A SPECIAL ELECTION FOR THE PURPOSE OF FILLING A VACANCY IN OFFICE FOR STATE REPRESENTATIVE FOR DISTRICT 70 AND SETTING ELECTION-RELATED DEADLINES
WHEREAS: The Honorable Carlton Wing, Arkansas State Representative representing District 70, resigned on September 30, 2025;
WHEREAS: The resignation of Representative Wing has created a vacancy in office for State Representative for District 70 of the Arkansas General Assembly;
WHEREAS: Under Arkansas law, the Governor has the sole responsibility to issue writs of election and set the dates for special elections to fill vacancies in the General Assembly, see Ark. Const. Art. V. § 6;
WHEREAS: On October 10, 2025, the Governor lawfully issued a proclamation setting dates for the State Representative District 70 special election;
WHEREAS: On October 31, 2025, a circuit court entered an order, unlawfully directing the Governor to issue this proclamation in violation of Arkansas' election laws;
WHEREAS: Specifically, the circuit court ordered the special election for State Representative District 70 to be held on Tuesday, March 3, 2026, even though it acknowledged statutory "deadlines would be missed," see Democratic Party of Arkansas v. Sanders, No. 60CV-25-12782 (Pulaski Cnty. Cir. Ct. Oct. 31, 2025);
WHEREAS: By intentionally ignoring statutory requirements, the circuit court substituted judicially invented election policy for the General Assembly's lawfully enacted statutes;
WHEREAS: By setting the exact date on which the special election shall occur, the circuit court exercised authority given solely to the Governor, see Ark. Const. Art. V. § 6;
WHEREAS: The Governor must now set the dates for the events related to the special election for District 70 in violation of statutory requirements enacted by the General Assembly to comply with the circuit court's unlawful order;
WHEREAS: This court order violates the rights of overseas Arkansas citizens, including our military, who will not receive timely notice and opportunity to vote, as mandated by A.C.A. § 7-5-407, requiring the county board of election commissioners to "[p]repare official absentee ballots and securely deliver them to the county clerk for mailing to all qualified applicants as soon as practicable but not later than forty-seven (47) days before a […] special election"; and
WHEREAS: This proclamation is being issued with objection, and only to comply with the circuit court's unlawful order.
NOW, THEREFORE, I, Sarah Huckabee Sanders, Governor of Arkansas, do hereby proclaim, under duress and with objection to the unlawful court order, as follows:
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Arkansas to be affixed this 16th day of November, in the year of our Lord 2025.
A copy of the Governor's proclamation to fill the vacancy in office for State Senator for District 26 is available below:
TO ALL TO WHOM THESE PRESENTS COME - GREETINGS:
A PROCLAMATION CALLING A SPECIAL ELECTION FOR THE PURPOSE OF FILLING A VACANCY IN OFFICE FOR STATE SENATOR FOR DISTRICT 26 AND SETTING ELECTION-RELATED DEADLINES
WHEREAS: The Honorable Gary Stubblefield, Arkansas State Senator representing District 26, passed away on September 2, 2025;
WHEREAS: The death of Senator Stubblefield has created a vacancy in office for State Senator for District 26 of the Arkansas General Assembly;
WHEREAS: Under Arkansas law, the Governor has the sole responsibility to issue writs of election and set the dates for special elections to fill vacancies in the General Assembly, see Ark. Const. Art. V. § 6;
WHEREAS: On September 26, 2025, the Governor lawfully issued a proclamation setting dates for the State Senator District 26 special election;
WHEREAS: On October 22, 2025, a circuit court entered an order, unlawfully directing the Governor to set an earlier date for this special election, in violation of Arkansas' election laws, see Colt Shelby v. Sanders, No. 60CV-25-12172 (Oct.22, 2025);
WHEREAS: By ignoring statutory requirements, the circuit court substituted judicially invented election policy for the General Assembly's lawfully enacted statutes;
WHEREAS: By ordering the Governor to set an earlier date for this special election, the circuit court exercised authority given solely to the Governor, see Ark. Const.Art. V. § 6;
WHEREAS: The Governor must now set the dates for the events related to the special election for District 26 in violation of statutory requirements enacted by the General Assembly to comply with the circuit court's unlawful order;
WHEREAS: This court order violates the rights of overseas Arkansas citizens, including our military, who will not receive timely notice and opportunity to vote, as mandated by A.C.A. § 7-5-407, requiring the county board of election commissioners to "[p]repare official absentee ballots and securely deliver them to the county clerk for mailing to all qualified applicants as soon as practicable but not later than forty-seven (47) days before a […] special election";
WHEREAS: This proclamation is being issued with objection, and only to comply with the circuit court's unlawful order; and
WHEREAS: In an effort to ensure that our special elections run as smoothly as possible under the unique circumstances, it is appropriate to align the dates of the special election for State Senator for District 26 with the dates of the special election for State Representative for District 70.
NOW, THEREFORE, I, Sarah Huckabee Sanders, Governor of Arkansas, do hereby proclaim, under duress and with objection to the unlawful court order, as follows:
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Arkansas to be affixed this 16th day of November, in the year of our Lord 2025.
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