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Hearing set for felon’s council candidacy
By jeanne starmack
new castle, pa.
A hearing to determine whether a city council candidate can remain on the ballot despite a felony conviction for selling cocaine is set for July 26.
Gary Mitchell, who won in the May 17 Democratic primary along with two others for three open council seats, went unchallenged despite the October 2002 conviction for selling cocaine to undercover informants, said John Altman, the lone Republican candidate for council. Altman has petitioned the Lawrence County Common Pleas court to set aside Mitchell’s candidacy.
Altman said that because he is not a member of the same political party, he was unable to challenge Mitchell in the primary.
He said that he filed his petition with the court as soon as he was able — May 19 — to get Mitchell off the ballot for the November general election.
Altman said the Pennsylvania Constitution prohibits convicted felons from holding office.
In Mitchell’s answer, he asserts that Altman isn’t eligible to petition for his removal from the ballot.
He also said the state constitution wouldn’t prevent him from being on the ballot; it would only prevent him from sitting on council.
He also says, however, that although he is a convicted felon, he wasn’t convicted of embezzlement of public money, bribery, perjury or “other infamous crimes” that would disqualify him from taking the council post.
The county board of elections also filed an answer in the case, saying that Altman is a private citizen “with no allegation of special interest in the public office of Gary Mitchell.”
It says that the board of elections has no legal standing to prevent Mitchell from being on the ballot.
“Based on the election code, he can run,” said Ed Allison, director of the elections board.
Altman would have to approach the county district attorney or the state attorney general after Mitchell was elected to ask them to take action, the board’s answer says.
Altman could take action as a private citizen if both the county and state attorneys declined, county Solicitor Thomas Leslie wrote on behalf of the elections board.
Altman said last week, however, that he believes he does have the right to petition for Mitchell’s removal from the ballot.
“The elections calendar says I can,” he said, adding that the state puts out the calendar and it indicates June 6 as the deadline for challenging a candidacy.
He also said the standing to challenge an election is whether the challenger can participate in the election, which he can.
He said he has asked the district attorney and the state attorney general to act. He said he received a letter from the state telling him to contact the county, and the county district attorney told him over the phone that he couldn’t act unless Mitchell is elected.
The hearing is set for 2:30 p.m. in the courtroom of Judge John Hodge.