EAGLE MOUNTAIN — If Mark Lofgren wins the election for mayor of Eagle Mountain this November, his battle may only be half over.

That's because despite his insistence he is eligible to do so, some government officials say that Lofgren, a convicted felon, cannot legally hold public office.

The past is something Lofgren is not proud of but makes no effort to hide. In 1990, at the age of 19, he helped a fellow worker on a night cleaning crew take jewelry out of the building they were cleaning. He was charged in 4th District Court with two counts of theft, one a third-degree felony, the other a second-degree felony.

"I did a really dumb thing," Lofgren said. "There's no question about it. I paid my debt to society back then, like I should have."

Lofgren now chalks the crime up to immaturity and ignorance. When his co-worker asked him to help, Lofgren said he put the jewels in his pockets without even thinking about what he was doing.

The police were waiting for him when he went to work the next day.

"I didn't really follow it through in my thought process," he said. "I didn't think, 'If I do this, what will happen?' Now, I do. With every decision I make, I ask myself what the consequences of my actions will be."

The second-degree felony was dropped, and Lofgren pleaded guilty to the third-degree felony. The judge fined him $625 and placed him on probation until he paid the fine. According to court records, Lofgren had paid the fine and was taken off probation by 1993.

By state law, convicted felons lose their right to vote and their right to hold public office. The state Legislature has restored the right to vote for felons who have paid their debt to society — but has not specifically restored the right to hold office.

Gina Peterson, Eagle Mountain's city recorder, said the city has known about Lofgren's past since the day he filed to run. Peterson said they asked him about it.

After reviewing state law and consulting with city attorneys, Peterson informed Lofgren that he could run but could not assume office if he won.

"He's being allowed to run because our interpretation of the law is that he can run," Peterson said. "State code is specific on restoring the right of a convicted felon to vote, but it's not specific on restoring the right to hold public office."

Michael Cragun, director of the Utah Elections Office, said it is not his department's job to interpret the law in a case like this. That responsibility rests solely with the city.

"We act as a resource to the Eagle Mountain recorder," Cragun said. "She's called us and asked for help. But, frankly, she's working independently. She and the city attorney have looked at the law and made the decision, and I think they've handled it well."