Michael Berry

Michael Berry

Michael Berry has drunk homemade moonshine from North Carolina with Robert Earl Keen, met two presidents with the same last name, been cussed at by...Full Bio

 

Judge: Convicted Felony Can Remain On Ballot For HOU City Council Runoff

KPRC-TV reports:

Renee Jefferson-Smith came in third place in the District B election, behind Cynthia Bailey – who is a convicted felon. Jefferson-Smith contends that Bailey’s past felony conviction should have prevented her from running for office in the first place.

Harris County court records show Bailey pleaded guilty to felony theft charges in 2007 for a check forgery scheme out of North Forest ISD.

Texas law bars convicted felons from holding elected office.Bailey refused to drop out of the race, so Jefferson-Smith filed a lawsuit seeking a temporary restraining order and injunction to have Bailey's name taken off the December ballot and her name added.Bailey contends that since she served her full sentence, under Texas law, her voting rights and her right to run for elected office were restored.

Jefferson-Smith's attorney, Nicole Bates, says “it's pretty simple, and as an ex-felon you're not eligible to either seek or hold public office."

On Friday, a judge overseeing the case ruled in Bailey's favor.Bailey is set to face off against Tarsha Jackson in the District B runoff. Jefferson-Smith will now file a permanent injunction.

Back in May of 2019, the Texas Attorney General's Office was asked to rule on this exact question after the Webb County Attorney's Office asked the AG, "whether individuals convicted of a felony are eligible to run for office in this state after completing their sentence and having their voting rights restored."

The AG's Office responding by quoting two sections of the State Election Code. In the AG's response letter it is noted the election code reads a person with a final felony conviction on their record cannot run for office unless "pardoned or otherwise released from resulting disabilities."

The AG's letter further reads a restoration of voting rights "does not restore his or her eligibility to hold public office."


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