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Ellen Belcher is the Dayton Daily News opinion pages editor. She writes about state government, education, the environment, higher education and all things Dayton.
Martin Gottlieb is an editorial writer and columnist for the Dayton Daily News opinion pages. He focuses on the political process itself and does such national issues as war, the economy, taxes and Social Security, as well as a hodge-podge of local and state issues.Home > Blogs > A Matter of Opinion > Archives > 2009 > October > 20 > Entry
Editorial: Voters should know if a candidate can hold office
With it up in the air whether city council candidate Edward Jones can serve if elected, West Carrollton residents could be throwing away their vote by supporting him.
That’s a situation the Ohio legislature should fix. The rules should be clear about who is eligible to hold public office. Candidates also should have to disclose if they have felony convictions, so a determination about their eligibility can be made before ballots are printed.
On the question of whether Mr. Jones is an appropriate candidate for city council, voters should steer clear of him because of the nature of the crime he was convicted of only last year.
Mr. Jones’ eligibility to serve on city council is unclear because he was convicted of receiving stolen property, a fourth-degree felony. Police said Mr. Jones received merchandise stolen from a local dollar store, which ended up being offered for sale in a store owned by his ex-wife, Jody Jones.
Ms. Jones sits on West Carrollton Council. A grand jury did not indict her. In all, $8,000 in stolen merchandise was found in her store.
Mr. Jones, who was seen on surveillance tapes gathering merchandise in the dollar store and leaving without paying, pleaded no contest, was found guilty, performed community service and paid $2,244.29 in restitution.
West Carrollton Law Director Lori Kirkwood’s view is that, as a convicted felon, Mr. Jones has forfeited his privilege to hold public office under Ohio law. If he is elected, she said she’ll go to court to bar him from taking a seat.
A spokeswoman for Ohio Attorney General Richard Cordray said that office does not issue opinions in cases such as this unless formally requested to do so. But she pointed to recent opinions, including one from 2006, that appears to support Mr. Jones’ view that he can serve.
Commenting on a case in Clermont County of an ex-felon seeking a seat on a zoning appeals board, that Ohio Attorney General’s opinion said:
“… a person convicted of a felony under the laws of Ohio is restored the privilege of holding an office of honor, trust, or profit, which had been forfeited by operation of R.C. 2961.01, when the person is granted a final release by the Adult Parole Authority…”
Since Mr. Jones has completed probation, this opinion favors him.
Still, there is no guarantee the law would be interpreted the same way this time. Other cases, with somewhat different circumstances, have disqualified potential officeholders. Only lawmakers can eliminate any ambiguity.
West Carrollton voters should know when they enter the ballot booth that all the candidates are truly eligible to serve. They can’t be sure of that in this case.
Meanwhile, Mr. Jones’ record is disturbing, so much so that he shouldn’t be in a position of trust. Six people are running for four seats. Voters have other choices.
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