House District 70 Dispute Lands in Court as Democrats Court Anti-Sanders and Anti-Prison Voters

Following the Senate District 26 special election timeline dispute moving to court, the delayed House District 70 special election has now also been brought to court. Unlike citizen-led efforts in the Senate District 26 case, the Democratic Party of Arkansas filed a lawsuit against Governor Sarah Huckabee Sanders on Tuesday, October 21, seeking an earlier date for the House District 70 election.

The House District 70 seat, located in central Arkansas, became vacant last month after North Little Rock Republican Representative Carlton Wing resigned to become the executive director and CEO of Arkansas PBS. After the vacancy was certified and other required procedures completed, Governor Sanders scheduled the special primary and general elections for March 3 and June 9, 2026, respectively, to select a new representative for the district, which includes portions of Pulaski County. Critics have questioned the timing, arguing that delaying the election leaves the seat unrepresented for longer than usual and beyond what state law requires, including during important legislative sessions.

What Democrats Seek

Arkansas Democrats, along with four other plaintiffs, argued in a petition filed Tuesday in Pulaski County Circuit Court that the current election timeline leaves District 70 voters without representation during the legislative fiscal session, which begins on April 8, 2026. They asked the court to direct Governor Sanders to schedule the special election on March 3.

“Refusing to fill this seat, violating state statute and leaving those Arkansans without representation is simply wrong,” retired Colonel Marcus Jones, chair of the state Democratic Party, said at a press conference Tuesday in front of the Pulaski County Courthouse. “This suit is how we hold the governor and secretary of state accountable to the 30,000 Arkansans that live in House District 70.”

The lawsuit contends that the proclamation issued by Sanders setting the special election dates “is unlawful, exceeds her constitutional and statutory powers, and fails to discharge her mandatory duty to set a special election for House District 70.”

“Since the focus of the Fiscal Session is how to spend the people’s tax dollars, the Proclamation imposes taxation without representation,” the complaint states.

Four registered voters in District 70 are named plaintiffs in the case: Cordelia Smith-Johnson, Scott Perkins, Janie Ginocchio, and Julie Rhodes. Smith-Johnson is also an announced candidate for the Democratic nomination in the special election. The plaintiffs are represented by Kutak Rock LLP. Governor Sanders and Secretary of State Cole Jester are listed as defendants.

“Right now voters are being denied a say in our state budget and denied representation in our statehouse. Good, hardworking taxpayers are being stymied, and that is a problem,” Smith-Johnson said at the press conference.

Jones emphasized that the lawsuit is nonpartisan, despite his criticism of Republicans who “rubberstamp” Sanders’ legislative agenda. He called on Republican Party of Arkansas Chair Joseph Wood and any Republican candidates in the District 70 race to join the lawsuit.

“I am calling on you to do the right thing – to advocate for all citizens in House District 70. Be on the right side of history,” Jones said.

The House District 70 special election lawsuit coincides with the Senate District 26 special election, which is also being challenged in court. A Pulaski County circuit judge who held a hearing in that case last week indicated she would issue a ruling promptly.

Garnering Anti-Sanders Votes

Democrats hope to attract support from voters opposed to Sanders. House District 70 is considered favorable to Democrats, giving their new chair a chance to send a Democrat to the state House. Unlike Senate District 26, HD 70 has a Democratic leaning voter base, and in the last two elections, Democrats mounted a strong challenge against Carlton Wing. After the 2020 redistricting, Wing narrowly held his seat in both the 2022 and 2024 elections. In 2024, he won by only 286 votes, a margin of two percent, over Alex Holiday.

Holiday is expected to run in the upcoming election. Democrats believe that a combination of factors, including a strong candidate, economic strain on farmers and rural communities, a challenging business environment under tariffs, anti Sanders sentiment, and opposition to Sanders’ prison policies, could help them overturn previous results. The lawsuit also provides Democrats with an opportunity to highlight their strong opposition to the prison project as part of their strategy.

Republican Response

In the Senate District 26 election delay, Republican frustration was evident. Former State Representative Stubblefield, whose death created the vacancy, had been a vocal opponent of the prison project. Democrats accused leaving his seat vacant of advancing the governor’s agenda. Stubblefield had opposed a $750 million appropriations bill that failed five times during the 2025 legislative session. Sanders’ decision angered anti-Sanders Republicans, and even Stubblefield’s daughter publicly opposed the delay. Democrats are aware of this frustration, which is why they are calling on Republicans to join them in the House District 70 election timeline lawsuit, although Republicans have declined.

Republican Party of Arkansas Chair Joseph Wood responded to the lawsuit on Tuesday afternoon. “Democrats are trying to cause chaos in a race they cannot win because Arkansans continue to reject their radical ideas,” Wood said in a statement. “The RPA looks forward to a Republican winning big in District 70 as we continue our fight to take Arkansas to the top.”

Governor Sanders’ office defended the election timeline. “After consulting with election officials, the Governor decided that scheduling the District 70 special election alongside the District 26 special election is common sense, saves taxpayer dollars, and ensures the election is free, fair, and secure,” spokesperson Sam Dubke said. Observers note that this alignment may not appeal to many voters.