Felons Can't Run for Office Just Because They Can Vote, Texas Attorney General Says

AUSTIN — Texas Attorney General Ken Paxton says felons aren't eligible to run for office just because they had their voting rights restored.Paxton, who faces felony charges himself, issued an opinion Wednesday that states Texans convicted of a felony offense cannot run for or hold public office unless they are granted gubernatorial or judicial clemency. Webb County District Attorney Marco Montemayor asked Paxton weigh in on the issue after Lewis Conway Jr., a convicted felon, was allowed to run for local office in Austin."The restoration of a convicted felon's qualification to vote...after fully discharging a sentence does not restore his or her eligibility to hold public office," Paxton wrote. He added there are just two ways felons can run for office: If they are pardoned by the governor or granted clemency by a judge.Paxton's opinion does not have the force of law. But it could be used to support this argument in court, a blow to criminal justice advocates who say Texans who complete their sentences and have their voting rights restored should be allowed to run for office. Last year, Conway filed to run for a seat on the Austin City Council. Convicted of voluntary manslaughter in 1993, Conway had completed his sentence, been released and had his voting rights restored. But, he was initially told he was ineligible to run because he had not been "released from the resulting disabilities" of his conviction. According to The Austin-American Statesman, he had not sought what's called "judicial release," meaning he had not specifically filed for the restoration of his rights with a judge.After meeting with city staff, however, Conway was allowed to run after it was decided there was no proof his rights had not been fully restored. Conway lost the election for the District 1 seat, which Natasha Harper-Madison eventually won. Montemayor asked for an opinion just after the election.   Continue reading...