Arkansas Advocate: House candidate was not convicted of a crime, can remain on primary ballot, judge rules

Though charged for a hot check violation, Arkansas House of Representatives candidate Missy Wardlaw was not convicted and is therefore eligible to appear on the ballot — at least for now. | Photo courtesy of the Arkansas Secretary of State

By TESS VRBIN | Arkansas Advocate

The attorney for a south Arkansas candidate for a state House seat said Wednesday that he plans to appeal a judge’s decision not to disqualify his client’s opponent from appearing on the Republican primary ballot.

John Kyle Day asked the Pulaski County Circuit Court in December to disqualify his opponent, Laura “Missy” Wardlaw, from running to represent House District 94 in the Legislature.

Wardlaw had been charged in 2018 with writing a hot check and had forfeited bond, which typically happens when a defendant fails to appear in court. Day had argued that amounted to a conviction, making Wardlaw ineligible to run for elected office.

Arkansas’ constitution prohibits people convicted of an “infamous crime” such as embezzlement or forgery from holding elected office. 

Circuit Judge Cathleen Compton ruled after a trial Tuesday that Wardlaw may remain on the March 3 ballot. Compton sided with Wardlaw’s attorney, who had said the candidate is eligible because she forfeited bond and didn’t plead guilty or face trial over the misdemeanor charge.

Jacob Swatley, Day’s attorney, told the Arkansas Advocate he plans to appeal the matter to the Arkansas Supreme Court. The upcoming primary election on March 3 “will be taken into consideration” in Day’s request for an appeal, Swatley said.

Landon Sanders, Wardlaw’s attorney, noted that the primary is “right around the corner” and said Wardlaw will continue to campaign while the appeal is pending.

“Her votes should be counted, they should be certified, and a bond forfeiture is not an admission of guilt,” Sanders said.

If the Arkansas Supreme Court rules before the primary that Wardlaw is disqualified from running for office, any votes cast for her in portions of Bradley, Desha and Drew counties would not be counted.

Wardlaw and Day are running for the House seat held by Wardlaw’s husband, term-limited Republican Rep. Jeff Wardlaw of Hermitage. The winner of the March primary will be unopposed in November’s general election.

Last week, Compton ruled that Casey Reed of Sheridan is ineligible to run for a House seat in parts of Grant and Saline counties because he signed a guilty plea in 2012 for a felony charge of abuse of public trust, the Arkansas Democrat-Gazette reported.

Reed had filed to run in the Republican primary to succeed Republican Rep. Julie Mayberry of Hensley, who declined to run for reelection. Two other Republicans are running in the primary, and the winner will be unopposed in November.