Loyola University Law Professor Dane Ciolino
The man who was elected mayor of the Town of Ball last fall, and then disqualified from serving due to his criminal conviction when a new amendment went into effect, is challenging that decision in appellate court. Roy Hebron, who was convicted for FEMA Fraud in 2011, unseated the incumbent. Loyola Law Professor Dane Cioino says even though he ran before the amendment went into effect…
“The new amendment not only prohibits a convicted felon from qualifying as a candidate, but also from actually holding elected public office.”
A majority of voters, approved an amendment in November barring convicted felons from running for, or holding office for five years after their sentence.
The mayor’s race and felon amendment were on the same ballot, and Hebron is arguing he should keep the seat because he ran and won, and had the results certified under the previous law, before the amendment went into effect in December. Ciolino says the district court disagreed…
“If the constitutional amendment had only addressed qualifying as a candidate, then the would-be mayor certainly would have an argument.”
The suit against Hebron was filed by the outgoing Mayor Neil Kavanaugh.
It’s an interesting question, made all the more interesting by the fact that Hebron scored 56 percent in a three way race, while every precinct in the Town of Ball voted for the convicted felon restriction by comfortable to overwhelming margins. Ciolino says the timing is interesting, but…
“Whenever new laws are passed there are always questions about retroactivity, and prospective effect, but the plain language of the constitution addresses whether or not a convicted felon can hold office.”
