A former Democratic state representative from Ashley County filed a lawsuit Monday against House candidate Jim Hall, alleging that the Republican from Monticello is disqualified from serving because of a misdemeanor hot-check conviction.
The suit, brought by former Rep. Johnnie Bolin of Crossett, states that Hall's conviction this year amounts to an intent to defraud, and the "infamous crime" would prohibit Hall from serving in the office under the Arkansas Constitution.
The suit also names the Drew County Board of Election Commissioners and Drew County Clerk Lyna Gulledge for allowing Hall to run as a candidate. The suit seeks to have Hall's certification for the November ballot withdrawn.
According to an arrest report, Hall was arrested on a warrant out of Faulkner County on April 1. The report says Hall wrote a $500 check for an egg incubator in May 2014. The check was twice returned by the bank, after which time Hall was unable to be contacted, the report said.
Hall was arrested a month after he won the uncontested March Republican primary for House District 9, which covers parts of Drew and Ashley counties.
Reached by phone Monday, Hall said he had not been served with the lawsuit, which he called "continued harassment" by his political opponents.
Hall said he purchased the incubator for his son, and he told the seller to wait before cashing the check so that it would clear. Hall said he forgot about the check until he was picked up on the warrant this year. Court records show that Hall pleaded guilty and paid his fines by check in June.
"That is not a reason to be removed from the ballot," Hall said, adding that he would seek to have the record expunged.
Hall said he plans on fighting the lawsuit and will ask for a specially appointed judge in Drew County.
Bolin brought the suit in the 10th Judicial Circuit as a resident of Ashley County, which is in House District 9, and as a member of the county Democratic Party. The lawsuit was prepared by state Democratic Party attorney Chris Burks.
According to the suit, the Republicans cannot nominate a replacement candidate if Hall is disqualified, because the vacancy would not be made through death, illness or a candidate moving out of office.
Bolin declined to comment Monday. Burks said the law regarding bounced checks, Arkansas Code Annotated 5-37-302, twice mentions an "intent to defraud," and that should be considered an infamous crime.
"It's outrageous that they let this guy file with all these convictions out there," Burks said.
Article 5, Section 9 of the constitution states: "No person hereafter convicted of embezzlement of public money, bribery, forgery or other infamous crime, shall be eligible to the General Assembly or capable of holding any office of trust or profit in this State."
It is not the first time Hall's legal troubles have come up in his campaign for the seat. Last week, the Arkansas Court of Appeals declined Hall's appeal of a 2015 conviction on misdemeanor harassment charges in which the candidate argued he had a bad lawyer.
In that case, he is facing a minimum 90-day jail sentence. He has appealed his case to the Arkansas Supreme Court.
Hall is running against former Department of Human Services attorney, Army officer and Monticello Democrat LeAnne Burch in the Nov. 8 general election. He also is a write-in candidate facing Burch in a special election to be held the same day to fill the remaining weeks of the term vacated by the July death of state Rep. Sheilla Lampkin, D-Monticello.
A convention of Democrats from Drew and Ashley counties selected Burch to run in both races, but the Republican Party declined to run a candidate in the special election, prompting Hall to file as a write-in.
Both parties have called for Hall to quit the race, but the candidate said Monday that he has no plans to do so.
Referring to statements made by state Republican Party Chairman Doyle Webb last week, a party spokesman said Monday that Hall should quit and "focus on putting his personal life in order."
In a statement, House Minority Leader John Michael Gray, D-Augusta, also called on officials to do more to ensure that candidates and public officials have "integrity."
"To put forth a candidate who, at best, was less than forthcoming about his legal issues is an affront to the people of Ashley and Drew counties," Gray said.
Metro on 08/30/2016