Beebe alderman: Did vote 2 times

Seat on council questioned after plea to misdemeanor

A Beebe alderman who admitted voting twice in the March 1 primary election has some city leaders questioning the legality of his continued presence on the White County town's City Council.

David Lee Pruitt, 59, pleaded guilty in Searcy on Tuesday to a reduced charge of misdemeanor violation of election law. Pruitt previously had been charged with one felony count of violation of voter eligibility but reached a plea agreement with Prosecuting Attorney Rebecca Reed McCoy's office.

White County Circuit Judge Robert Edwards fined Pruitt $750 and ordered him to pay $170 in court costs and other fees.

Directory assistance had no listing in Beebe for Pruitt, and he could not be reached for comment Thursday. He did not immediately reply to an email seeking comment.

Pruitt told The Daily Citizen of Searcy on Wednesday that he had made "an honest mistake" and would file for re-election Thursday. The White County clerk's office said about 3 p.m. Thursday that Pruitt had not yet filed for the Nov. 8 election.

On Wednesday, Lee McLane, editor and publisher of The Beebe News, announced plans to seek the same seat, Ward 1, Position 1.

Beebe Mayor Mike Robertson told the Arkansas Democrat-Gazette on Thursday that he did not know of Pruitt's intentions except for what had been in the Searcy newspaper.

Scott Bles, Beebe's city attorney, sent an email to Pruitt and others Thursday quoting from the statute.

Bles also wrote, "My concern is that Mr. Pruitt's continued involvement on the City Council, throughout the remainder of his current term, could possibly jeopardize and taint future actions, ordinances, and resolutions of the Council as Section 7-1-103 [of the Arkansas Code Annotated] appears to render Mr. Pruitt ineligible to hold public office. I wanted to bring this to your attention right away."

According to court records, Pruitt pleaded guilty to the statute section that says, "No person shall vote or offer to vote more than one ... time in any election held in this state, either in person or by absentee ballot, or shall vote in more than one ... election precinct in any election held in this state."

That statute also says in part, "Any person convicted under the provisions of this section shall thereafter be ineligible to hold any office or employment in any of the departments in this state."

It further says, "If any person is convicted under the provisions of this section while holding public office, the conviction shall be deemed a misfeasance and malfeasance in office and shall subject the person to impeachment."

Robertson said some residents have told him they don't believe Pruitt should be eligible to serve on the City Council.

"I've not had anyone say otherwise," Robertson added. "There could be some questions regarding voting on issues in the coming months" if Pruitt stays on the City Council.

According to a police affidavit, records indicated that Pruitt went to the Beebe City Hall and cast his ballot in early primary voting Feb. 26 and voted a second time at the same place March 1.

The affidavit says Pruitt told police he voted both times but thought the second vote was for a different election.

"He was then asked, when you got the ballot on [March 1], did you not know or see that it was the same ballot you had already completed. He stated, 'I didn't pay any attention,'" according to the affidavit.

State Desk on 08/05/2016

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