From Deseret News archives:

What if convicted felon runs — and wins?

Murky law doesn't deter challenger in Cedar mayoral race

Published: Wednesday, Nov. 2, 2005 9:07 p.m. MST
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"I knew Ernest had a felony and I talked to the Utah Attorney General's office about it," he said. "They said there's no ambiguity, but I say there is."

At issue is the wording of Article IV, Section 6, of the state Constitution and the corresponding state law that governs candidates for municipal general elections.

The Constitution forbids convicted felons from voting in any election or be eligible to hold office until the right to vote or hold elective office is restored as provided by statute.

Utah law (20A-9-203-1c) also states that a person may become a candidate for any municipal office if the person is a registered voter and meets other eligibility requirements. The law also states that convicted felons may not hold office until the right to vote or hold elective office is restored as provided by statute.

"The AG's office is telling me the word 'or' really means 'and,' " Bittmann said. "I think 'or' means 'or,' " adding that someone needs to run a bill to clear up the ambiguity.

Utah Assistant Attorney General Thom Roberts said while no one in his office has discussed that idea, it "would be best" if the Legislature "made clear" its intent.

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"It is this office's conclusion that the Legislature did not intend to allow convicted felons to hold office," Roberts said. "It would appear there are some people who interpret the law differently."


E-mail: nperkins@desnews.com

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