A legal challenge seeking to remove Jefferson County Sheriff Lafayette Woods Jr. from the upcoming ballot is moving forward, with a court hearing scheduled for Jan. 27, at 10 a.m. in the 2nd Division courtroom of the Jefferson County Courthouse. The case will be heard by the Honorable Judge Randall Wright.
The lawsuit was filed by Mark Cannon, a Jefferson County resident and candidate for sheriff, who argues that Woods is constitutionally and statutorily ineligible to run for or hold office because of a prior misdemeanor theft conviction. Cannon filed the petition Monday in Jefferson County Circuit Court, seeking a writ of mandamus as well as declaratory and injunctive relief.
In his filing, Cannon contends that Arkansas law prohibits individuals convicted of an “infamous crime” from holding public office. He argues that misdemeanor theft qualifies as such a crime under Arkansas Supreme Court precedent, citing the 2010 decision in Edwards v. Campbell, which held that misdemeanor theft involves dishonesty and is grounds for disqualification from public office.
Cannon alleges that Woods previously pleaded guilty to misdemeanor theft of property, which he says also qualifies as a “public trust crime” under Arkansas Code § 21-8-305. Under that statute, individuals convicted of public trust crimes are barred from filing for, running for, or serving in county offices, and sealing or expungement of the conviction does not restore eligibility. Cannon acknowledges that the conviction was later sealed but argues that sealing does not remove the constitutional or statutory disqualification.
The petition asks the court to order the Jefferson County Board of Election Commissioners, the Jefferson County Clerk, and Arkansas Secretary of State Cole Jester to remove Woods’ name from the ballot or, alternatively, to refrain from counting or certifying any votes cast for him.
Because the conviction Cannon references is sealed, he is also requesting that the court order the custodian of the records — which could include the Jefferson County District or Circuit Clerk or the Arkansas State Police — to produce the records for an in-camera review by the judge. State law allows sealed records to be disclosed for the limited purpose of determining eligibility to hold public office.
“If the sealed records demonstrate that Woods was convicted of misdemeanor theft of property, he is constitutionally and statutorily disqualified from holding the office of Sheriff of Jefferson County,” the petition states.
Cannon is seeking both preliminary and permanent injunctions preventing Woods from being certified as a candidate or officeholder. Under Arkansas Rules of Civil Procedure, mandamus actions involving elections must be heard on an expedited basis, generally within two to seven days of filing, and Cannon has requested expedited consideration.
In a separate filing Tuesday, Secretary of State Cole Jester moved to be dismissed from the lawsuit. In the motion, Assistant Attorney General Steven C. Benson argued that the Secretary of State’s Office has no role in placing county office candidates on primary election ballots. Benson said that responsibility rests with the state and county political party committees and the county clerk, and that the Secretary of State’s involvement is limited to U.S., state and district offices, such as Congress, governor and district judge.
Benson also argued that Cannon’s petition fails to name the state and local political party committees as required, violating Arkansas Rules of Civil Procedure and warranting dismissal of the case. Benson represents Jester and the Secretary of State’s Office.
Cannon initially filed paperwork on Dec. 8 challenging Woods’ eligibility and seeking to have his name removed from the ballot or to prevent votes for Woods from being counted. The lawsuit names the Jefferson County Board of Election Commissioners and County Clerk Shawandra Taggart in addition to Jester.
All sitting judges in Jefferson County recused themselves from the case, citing the appearance of a conflict of interest, prompting the appointment of Judge Randall Wright as special judge.
In a response filed Tuesday, the Jefferson County Board of Election Commissioners said it has no knowledge of the facts alleged by Cannon and therefore denies the allegations. The response, prepared by Prosecuting Attorney S. Kyle Hunter, acknowledges that the board is responsible for preparing, approving and certifying ballots and election results and notes that the ballots for the March 3 election have already been approved. The board stated it will comply with any order issued by the court.
Also Tuesday, attorney Kimberly B. Dale filed an entry of appearance on behalf of Woods and, along with attorney Wesley Watts, requested that all filings, pleadings and notices in the case be provided to them. Woods is seeking dismissal of the lawsuit.
The case will be heard Jan. 27, when Judge Wright is expected to consider the eligibility claims, pending motions to dismiss, and requests related to the sealed records.
