Summary
holding that once released from prison, a convict is eligible to run for public office under this section and article VII, section 6
Summary of this case from U.S. v. SandersOpinion
No. 18,844.
Decided October 27, 1958.
Original proceeding challenging right of candidate to run for public office. Rule to show cause issued.
Rule Discharged
1. ELECTIONS — Candidate — Imprisonment — Eligibility — Probation. A person who has been convicted of a crime, but who has served his full term of imprisonment and was on probation on another count, the period of which had not expired, was eligible to be a candidate for public office under a constitutional provision that only a lawful elector shall be elected to public office, and under Art VII. Sec. 10 of the state constitution providing that no person while confined in any public prison shall be entitled to vote and upon having served his full term of imprisonment, shall without further action be invested with all the rights of citizenship.
Original Proceeding.
MESSRS. IRELAND, IRELAND, STAPLETON PRIOR, MR. WILLIAM B. NAUGLE, for petitioner.
MR. SAMUEL D. MENIN, for respondent H. N. Archambault.
Mr. DUKE W. DUNBAR, Attorney General, Mr. FRANK E. HICKEY, Deputy, for respondent George J. Baker, Secretary of State.
Mr. BARNEY O'KANE, for respondent Betty L. Reichwein.
Mr. LEO W. RECTOR for respondents Charles A. Prescott and Ruth Thomas.
Mr. ROBERT W. NEVENS, for respondents Joseph T. McDonough and Marjorie M. Richardson.
ELIZABETH M. STERLING, herein referred to as Petitioner, on October 7, 1958, filed a petition in this court, seeking an order on respondents Secretary of State and several county clerks to strike the name of respondent H. N. Archambault from the ballots in the Sixth Senatorial District of Colorado.
Petitioner alleged that she is a qualified elector and resident within the Sixth Senatorial District of Colorado; that H. N. Archambault on September 19, 1958, filed with the Secretary of State certain nomination certificates designating him as an Independent Party candidate for State Senator from the Sixth Senatorial District of this state, together with his acceptance of the nomination. The petition further alleged that said Archambault was convicted on three counts in the United States District Court for the District of Colorado for violation of 21 U.S.C. Sections 331 and 333 and "that pursuant to said conviction respondent H. N. Archambault was imprisoned in a common jail and placed on probation and is now at large on probation * * *." It was further alleged that said Archambault was and is "disenfranchised and ineligible to be a candidate " for said senatorial seat. The prayer of the petition was that the Secretary of State and the respective county clerks and recorders of the several counties of the Sixth Senatorial District be restrained from placing the name of Archambault on the ballots as a candidate for senator in said senatorial district.
An order was issued upon respondents to show cause why the relief prayed for should not be granted, Returns were filed and the cause now being at issue we proceed to determine the sole question presented, viz: Was Archambault under the record here made, a qualified elector of this state? The sufficiency of the nominating petitions is not questioned.
It is conceded by counsel for petitioner that if Archambault was a qualified elector of this state at the date of filing said nominating petitions, then the relief prayed for should be denied.
Art. VII section 6 of the Colorado Constitution provides: "No person except a qualified elector shall be elected or appointed to any civil or military office in the state."
Art. VII Section 10 provides: "No person while confined in any public prison shall be entitled to vote; but every such person who was a qualified elector prior to such imprisonment and who is released therefrom by virtue of a pardon or by virtue of having served out his full term of imprisonment, shall without further action, be invested with all the rights of citizenship * * *."
It is admitted that Archambault was convicted on November 17, 1954, as recited in the petition herein; that he was sentenced to serve a term of ten months on each of the first and second counts, said terms to run concurrently. In addition he was fined a total of $2,000.00. It was admitted that Archambault was not sentenced under count three, but was placed on probation for a period of three years, such probation to commence upon the expiration of the terms of imprisonment imposed under counts 1 and 2. It is also admitted that the prison sentences have been served, the fines imposed paid and the period of probation has not terminated.
Archambault "having served out his full term of imprisonment" has become "without further action * * * invested with all the rights of citizenship" Hence he is eligible to a candidate for State Senator from the Sixth Senatorial District. The constitutional prohibition is limited to the disenfranchisement of persons while confined in a public prison. Having completed his term of imprisonment, Archambault is no longer "confined," hence he is eligible to run for office.
The writ heretofore issued must be and it is ordered discharged.