By HOLLY GASKILL
The Wells County Election Board has determined Shane Brown is ineligible to run for Uniondale Town Council.
Brown had filed his candidacy on June 15, which was contested by Stanley Hoffacker on Aug. 25. In a hearing Tuesday, the board determined Brown’s criminal history made him ineligible for the position.
The election code, board member Larry Sell cited, states that any felony charge disqualifies a candidate. A misdemeanor carrying a sentence above one year may also disqualify a candidate. Brown possesses one felony charge and multiple misdemeanors resulting in more than one year in jail.
Brown defended his candidacy, saying he’s petitioned for his record to be expunged, and expects it to be finalized shortly. Brown filed for expungement in Wells County on Aug. 19.
Sell questioned the validity of this argument, noting that both Wells County judges declined the case due to their involvement in the prosecution, and Adams County Judge Hon Kukelhan was assigned to hear the case. Furthermore, the State filed a motion to deny the petition due to improperly filed paperwork. Brown stated his lawyer had filed incorrectly, and he was working to correct the mistake.
Kukelhan rejected the expungement on Sept. 1, and the paperwork was filed Tuesday. A second petition for expungement was filed in Dekalb County on Monday.
“Our hands are tied,” Sell said. “As it stands before us today, they are not expunged felonies.”
“To be honest with you, I didn’t think it mattered,” Brown said.
The candidate form not ask the applicant to disclose convictions, but does require the applicant to affirm they are “not ineligible to be a candidate due to a criminal conviction that would prohibit (the candidate) from serving in this office.”
John Ringger (R) is the only other person who filed to run for Uniondale Town Council. Clerk Beth Davis said the previous council members will determine who is “grandfathered” into the role or new members will be appointed. Current Uniondale Town Council members are Erin Kreigh, Geoff Lance, and Corey Elzey.
holly@news-banner.com
