Judge: Felon may remain on ballot
District B voters will decide if conviction disqualifies hopeful
A felon may remain on the runoff ballot in the Houston City Council District B race, a Harris County judge ruled on Friday, despite state law that may bar residents with felony convictions from seeking public office. On Election Day, Cynthia Bailey qualified for the second and final runoff spot in District B, edging third-place finisher Renee Jefferson-Smith by 168 votes. JeffersonSmith last week sued to remove Bailey from the ballot, arguing her 2007 conviction for theft of more than $200,000 made her ineligible to run.
Harris County 270th District Court Judge Dedra Davis on Friday denied Jefferson-Smith’s request to remove Bailey from the ballot, which would allow her a place in the runoff, said Oliver Brown, Bailey’s attorney.
The Texas Election Code is unclear on whether a felon may run for office. It bars candidates who have been “finally convicted” of a felony or who have not been
“pardoned or otherwise released from the resulting disabilities,” though the law does not define these disabilities.
Brown said Bailey’s conviction is well known to voters, who can make an informed decision about whether this disqualifies her. He said District B residents can open the door to other felons to run for office if they elect Bailey.
“They can send a message to the city and state, that regardless of a candidate’s past, they believe in the redemption of citizens after they’ve been released by the Department of Corrections.”
Jefferson-Smith’s lawyer did not immediately respond to a request for comment.
Bailey faces Tarsha Jackson in the Dec. 14 runoff election to replace incumbent District B Councilman Jerry Davis, who is term-limited. The district includes neighborhoods of Acres Homes, Greenspoint and Fifth Ward.