Faulkner County panel votes to back former clerk

Despite her misdemeanor, second-term bid approved

CONWAY -- The Faulkner County Election Commission voted Thursday for its attorney to argue that Republican Margaret Darter should be allowed to stay in the race for county clerk and to take office if she is elected Nov. 8.

The decision came after the county's attorney, David Hogue, told the three-member panel that he personally thought Darter was disqualified because of her Oct. 11 guilty plea to misdemeanor obstruction of governmental operations but that he would argue whatever position the panel and the clerk wanted him to make when the case is argued in court Monday.

The county clerk, Tammie Lemings, will tell him her decision later, Hogue said after the meeting. He said he could argue two different positions if necessary.

Darter was clerk until she entered the negotiated plea to the Class C misdemeanor and resigned the same day. She admitted dating some county officials' statements of financial interest to make it look as if they were filed by the state deadline even though they were not. She originally was charged with felony tampering with a public record.

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Despite her resignation, which was part of her plea agreement, Darter opted to stay on the ballot and seek a second term as clerk. The Democratic challenger is Penny McClung.

Earlier this week, four Faulkner County residents, represented by Chris Burks, general counsel for the Arkansas Democratic Party, sued Darter, Lemings and the commission, saying Darter was ineligible to hold public office because of the conviction.

Board Chairman Paul Foster briefly stepped aside as chairman so that he could make a motion to adopt the legal argument advanced by Darter's attorney, Frank Shaw.

"This is political season," Foster said. "When you start malicious electioneering, I am upset. And that's what this is."

"Amen," Shaw said.

Ronnie Hall, a member of the commission, said he agreed that Darter's problem resulted from "a political situation."

"I don't think what she did was a big crime," Hall said.

The third commissioner is Ken Fairless.

Shaw had argued earlier that Darter did not plead guilty to dishonesty or deceit and was not guilty of an "infamous crime" -- the standard by which state law determines whether a person is eligible to hold public office.

Shaw also said that, because Darter's offense was the lowest-level misdemeanor, her record can and will be expunged before January, when she would take office if elected.

Burks' petition contends that Darter did plead guilty to an infamous crime that involved deceit and dishonesty. Hogue said he believed the crime also was an "infamous" one but for different legal reasons than Burks.

Hogue told Lemings and the three-member commission that he could argue either of those positions or that they could choose to remain neutral.

"I don't care which" position you take, Hogue said. "I'm a hired gun."

Both sides will present arguments Monday before Circuit Judge David Clark. While Clark will decide the case, Shaw and Hogue said they expected the case would end up before the Arkansas Supreme Court.

"We're setting law in this case," Hogue said.

State Desk on 10/28/2016

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