FAYETTEVILLE -- Arkansans deserve a choice in next year's U.S. Senate race, but Democrats have not yet found a way to provide them one, state party Chairman Michael John Gray told a crowd in Fayetteville on Friday.
That's because there is no way, Doyle Webb, his Republican counterpart, told the same crowd.
Gray and Webb both appeared Friday for a long-scheduled session in front of the Northwest Arkansas Political Animals Club. At least 100 attended Friday's bipartisan lunch.
The filing period for candidates in partisan races closed Tuesday -- the same day Josh Mahony of Fayetteville, the sole Democratic challenger to Sen. Tom Cotton, R-Ark., dropped out of the race. Mahony withdrew two hours after candidate filing closed. He cited unspecified family health issues at the time.
No other Democrat filed to challenge Cotton.
Webb is an attorney, a general counsel for the Republican National Committee and the longest-serving state party chairman in the GOP, according to his remarks at the meeting. He said replacement primary candidates are only allowed in the event of either death or serious illness.
"Arkansas law is very specific on whether you can replace a candidate or not," Webb told the group. "We've been bound by that law in the past. On occasion the Democratic Party has challenged us in court on whether we could replace a county judge candidate in Washington County, and we prevailed."
Webb referred to the successful effort to replace then-GOP nominee Micah Neal when he dropped out of the judge's race in July 2016. That year's primary election had already passed. Neal had, therefore, already accepted the party's nomination. That was a crucial difference between his case and Mahony's, Webb said in an interview after the meeting.
Mahony had no primary opposition, but was still just a primary candidate, according to Webb. He referred specifically to Arkansas Code 7-7-106. As a primary candidate, Mahony can only be replaced in the event of death or of serious illness of his own, Webb said.
"If he alleges a serious illness, he'll have his opportunity to bring his doctor to court and testify on what that serious illness is," Webb told the group.
"I feel for the Democratic Party, but we're going to follow the law," Webb said after the meeting.
The state GOP released a statement Thursday saying an attempt by Democrats to put a candidate on the November 2020 ballot would be fought in court.
Gray told the group the Democratic Party hasn't given up.
"I can tell you it came as a surprise to all of us, and, first and foremost, while we don't have all the facts, our thoughts are with Josh and his family because obviously there is something there," Gray said of Mahony's decision. "That's number one. Number two, the Democratic Party of Arkansas is not illegally trying to put someone on the ballot.
"We need to be cautious with our words and not use 'gotcha' politics any more," Gray said.
The Democrats are consulting with legal experts, and he is in "constant contact" with the Arkansas secretary of state's office, Gray said.
"I think it would be premature and certainly an error, for lack of a better word, before we've considered everything, to say anything before we're able to get our hands around all the facts first. But we do believe Arkansans deserve a choice, and we do believe that while Sen. Cotton has enjoyed popularity in the state, the people of Arkansas need a choice for the U.S. Senate."
Metro on 11/16/2019