What could happen in Benton County judge race after nominee's arrest
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Benton County is facing a conundrum as allegations of domestic violence have prompted widespread calls for the only nominee for county judge to drop out of the race: State law doesn't allow nominees to simply drop out.
❓ State of play: Here are some of the possibilities of what's next for former state representative and current county judge candidate Austin McCollum, who won the Republican nomination in March. No Democrats or independents are on the November ballot.
💼 He could take office.
- Voters cannot recall a county judge, Arkansas secretary of state's office spokesperson Samantha Boyd confirmed to Axios.
- If McCollum is later convicted of a felony, he will be removed from office, per state law.
❌ McCollum could refuse to take office, or take office and then resign.
- It's then up to the quorum court to appoint a new judge within 30 days. The court could later call a special election so voters can elect someone to finish the term.
- County Judge Barry Moehring would remain in office until someone is appointed and sworn in, county spokesperson Melody Kwok told Axios.
📦 He could effectively "drop out" of the race by moving outside the county or claiming a "serious illness." The law doesn't clarify whether a nominee must provide proof they've moved or a formal diagnosis.
- Only in those cases, in addition to death and filing for another office, is a nomination considered vacant. The Republican Party can call a special election or nominate another candidate if the nomination is vacant before Aug. 21.
- McCollum is banned from his Bentonville home both per a condition of his release and a protection order granted to his wife. The address he's staying at listed in court records is in Bentonville.
How it works: County judges in Arkansas don't preside over traditional courtrooms.
- They preside over quorum courts, elected governing bodies, similar to how a mayor and city council operate within city government.
- The Benton County judge oversees the road, public safety and planning and development departments, plus county facilities, and authorizes disbursement of county funds, according to the county's website.
- The judge serves a four-year term. The 2026 salary for the position is about $170,000, according to the county budget.
🤐 The latest: McCollum, who resigned from his House seat a few days after his arrest, has not responded to Axios or said publicly what his plans are.
- Kwok confirmed he had not pulled out of the judge race as of early Wednesday afternoon.
Catch up quick: McCollum was arrested Aug. 1 on suspicion of aggravated assault of a family or household member, first-degree false imprisonment and misdemeanor domestic battery against his wife, Ragen McCollum.
- Investigators wrote in a probable cause affidavit that he prevented her from leaving a bedroom, restricted her ability to breathe by climbing on top of her and driving his knee into the back of her neck, punched her in the face and repeatedly slammed her head against the ground.
- In her petition for a protection order, Ragen McCollum wrote about a history of physical abuse by her husband. She also wrote that when she was discussing suicide, "he said I should do it and offered to get the gun for me." She filed for divorce on Friday, according to court records.
What's next: Prosecutors had not filed formal charges as of Wednesday. His arraignment is set for Sept. 8.
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