A Jefferson County resident and candidate for sheriff, Mark Cannon, has filed an amended petition in circuit court seeking to disqualify Sheriff Lafayette Woods Jr. from seeking reelection, alleging Woods is constitutionally ineligible to hold public office due to a prior misdemeanor theft conviction.
Cannon filed the amended petition for a writ of mandamus and for declaratory and injunctive relief in Jefferson County Circuit Court on Jan. 14.
In the filing, Cannon alleges that Woods previously pleaded guilty to misdemeanor theft, which he argues constitutes an “infamous crime” under Article 5, Section 9 of the Arkansas Constitution. That provision prohibits individuals convicted of infamous crimes from holding any office of trust or profit in the state.
The petition cites Arkansas Supreme Court precedent holding that misdemeanor theft qualifies as an infamous crime. Cannon further argues that even if the conviction was later sealed, Arkansas law does not restore eligibility to run for or hold public office in cases involving public trust crimes.
Woods is named as a respondent both individually and in his official capacity as sheriff. Other respondents include the Jefferson County Board of Election Commissioners, Jefferson County Clerk Shawndra Taggart, Arkansas Secretary of State Cole Jester, Democratic Party of Arkansas Chair Col. Marcus Jones and Jefferson County Democratic Party Chair Theodis Davis.
Cannon is asking the court to issue a writ of mandamus ordering election officials to remove Woods from the ballot or, if ballots have already been printed, to prohibit the counting or certification of any votes cast for him. He is also seeking declaratory and injunctive relief declaring Woods ineligible to file for, run for or hold the office of sheriff.
Because the alleged conviction record is sealed, Cannon is requesting the court order the release of those records for in camera review to determine Woods’ eligibility, as allowed under Arkansas law when public office qualifications are at issue.
The matter is scheduled to be heard by Circuit Judge Randall Wright on Jan. 27 at 10 a.m. in the Second Division courtroom.
