menu_open Columnists
We use cookies to provide some features and experiences in QOSHE

More information  .  Close

ROBERT STEINBUCH: Voter accomplishment

7 0
06.03.2026

This week Arkansas held its primary and judicial elections--although I still don't understand why we don't choose judges in November. A few weeks ago, I provided you dear readers the 11 candidates that I supported in the Republican primary or for a (nominally) non-partisan judge position.

The former is critical, because in many Arkansas districts--especially rural ones--the GOP nominee is effectively a shoo-in for the general election. Democrats might not even field a candidate, and when they do, the effort is often symbolic. Similarly, in a handful of districts, the Democratic candidate is the only one with a viable path to election. In both cases, the primary is essentially determinative.

Before I discuss the results of the 11 races, I need to explain that in most elections in Arkansas, a candidate must win over 50 percent of the vote to gain office. In a two-person race, this is inevitable. But in multi-candidate races, no individual might chin that bar. In that situation, the top two contenders will compete in a runoff.

Regarding my 11 favored candidates, all but two either won outright or made it to a runoff. Here's how they performed.

Cole Jester (land commissioner) won his race.

Richard Friend (Saline County sheriff) made it to the runoff.

Ron Caldwell (state Senate) won his race.

John Kyle Day (state Representative) won his race.

Wayne Long (state Representative) won his race.

Nick Bronni (Supreme Court justice) won his race.

Gunner Delay (Circuit Court judge, Sebastian County) won his race.

Robert Tellez (Circuit Court judge, Pulaski County) won his race.

Scott Davidson (Circuit Court judge, Independence/Cleburne/Izard/Fulton/Stone counties) made it to the runoff.

Brandon Carter (Court of Appeals judge, District Three) lost his race.

Seth Creed (Circuit Court judge, Washington/Madison counties) lost his race.

Perhaps the most uncertain outcome among these contests was the state House race that John Kyle Day won. As you might recall from my columns, Laura "Missy" Wardlaw, wife of term-limited state Rep. Jeff Wardlaw, ran against Day in the Republican primary in southeast Arkansas. Current Rep. Wardlaw was elected in 2010 as a Democrat and switched parties six years later.

I opposed Missy Wardlaw's candidacy not only because I'm not a fan of spousal seat swaps--which often resemble election dynasties--but because Day was a far superior conservative candidate. Day is a learned history professor at the University of Arkansas at Monticello.

During my analysis of Wardlaw, I discovered that she had a guilty disposition for a hot-check crime. After contacting the election commission and other governmental entities to inquire about her eligibility to run, I reached out to her. By the time I did, her election social media and website were already no longer active. She never responded. Shortly thereafter, they were back up.

After I outlined that the Arkansas Constitution prohibits those with hot-check convictions from holding office, Day petitioned to have Wardlaw disqualified. Wardlaw responded to media inquiries by claiming she couldn't comment because the matter was in litigation.

Judge Cathleen Compton denied Day's petition, and he appealed to the Supreme Court. Justice Courtney Hudson--who shares a political consultant, Linda Napper, with Wardlaw and her husband--affirmed Compton's decision. In near-metronomic fashion, Napper has spent years alternating between voting in Republican and Democratic primaries..

Justice Rhonda Wood dissented and wrote that Wardlaw's case file showed: "(1) a certified court record identifying Wardlaw as the defendant; (2) an admission by Wardlaw that she was the defendant and that intent to defraud was an element of the crime; (3) a certified court record showing 'no plea' but then a disposition of 'Guilty–Bond Forfeited'; (4) a certified court record showing payment for restitution and fines; and (5) testimony the city received the funds."

Wood concluded that "Wardlaw was guilty of an infamous crime that prevents her from holding office. The word guilty can only mean guilty, and a fine and restitution can only occur after a conviction under Arkansas law, whereas a bond forfeiture would have the funds remaining with the county."

But Wood was in the minority. So Wardlaw remained on the ballot. Nevertheless, her husband's name recognition and Napper's political experience were insufficient to overcome Day's meaningful, grassroots campaign.

What the courts failed to do, the voters ultimately accomplished. Maybe that's even better.

This is your right to know.

Robert Steinbuch, the Arkansas Bar Foundation Professor at the Bowen Law School, is a Fulbright Scholar and author of the treatise "The Arkansas Freedom of Information Act." His views do not necessarily reflect those of his employer.


© Arkansas Online