A Jefferson County resident and candidate for sheriff has filed a lawsuit seeking to remove incumbent Sheriff Lafayette Woods Jr. from the upcoming ballot, alleging that Woods is constitutionally ineligible to run for or hold office because of a prior misdemeanor theft conviction.
The petition, filed Monday in Jefferson County Circuit Court by Mark Cannon, asks a judge to issue a writ of mandamus and grant declaratory and injunctive relief. Cannon, who is representing himself, argues that Arkansas law prohibits anyone convicted of an “infamous crime” from holding public office — a category that includes misdemeanor theft under state Supreme Court precedent.
In the filing, Cannon claims that Woods previously pleaded guilty to misdemeanor theft, an offense he says constitutes both an “infamous crime” under Article 5, Section 9 of the Arkansas Constitution and a “public trust crime” under state statute. Cannon further alleges that while the conviction was later sealed, the sealing does not restore eligibility to hold elected office.
The petition cites the Arkansas Supreme Court’s 2010 decision in Edwards v. Campbell, which held that misdemeanor theft is grounds for disqualification from public office because it involves dishonesty.
Under Arkansas Code § 21-8-305, individuals convicted of public trust crimes are barred from filing, running, or serving in county offices — and sealing or expungement does not reverse the disqualification.
Cannon is asking the court to order the Jefferson County Board of Election Commissioners, the Jefferson County Clerk, and Arkansas Secretary of State Cole Jester to either remove Woods’ name from the ballot or refrain from counting or certifying votes cast for him.
Because Cannon says Woods’ conviction was sealed, he is also asking the court to require the custodian of the records — which could include the Jefferson County District or Circuit Clerk or the Arkansas State Police — to produce the documents for an in-camera review by the judge. State law allows sealed records to be disclosed for determining eligibility for 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 also seeking preliminary and permanent injunctions preventing Woods from being certified as a candidate or officeholder.
Under Arkansas Rules of Civil Procedure, lawsuits involving mandamus petitions in election matters must be heard within two to seven days of filing. Cannon has requested an expedited hearing.
