By John Lyon
Arkansas News Bureau
LITTLE ROCK — Gov. Mike Beebe is named as a defendant in a lawsuit filed Wednesday alleging he wrongfully refused to commission the winner of Altus’ November 2006 mayoral election.
Gary Zolliecoffer filed the lawsuit in Pulaski County Circuit Court against Beebe and Veronica Post, who currently is serving as mayor of Altus. Zolliecoffer alleges that he won that city’s 2006 mayoral election, but Post and Beebe have prevented him from taking office.
Zolliecoffer received 136 votes to Post’s 126, but two days after the election Post filed a lawsuit contending Zolliecoffer was ineligible to be a candidate for office because he was convicted of two felonies, burglary and grand larceny, in 1965, when he was 16.
A circuit judge ruled in Post’s favor and ordered the Franklin County Election Commission not to certify Zolliecoffer’s votes. Post took office in January 2007 after receiving a commission from then-Gov. Mike Huckabee.
In January of this year, the state Supreme Court overturned the circuit judge’s ruling, saying Post had raised a pre-election complaint after the election. Zolliecoffer then asked Beebe to commission him, but to date Beebe has not done so.
In his lawsuit, Zolliecoffer asserts that he is not a convicted felon because “there exists no judgment of the court or any other document executed by a judge demonstrating plaintiff’s conviction.”
Zolliecoffer also claims he never had an attorney and never waived his right to an attorney during the proceedings 44 years ago.
In October 2006, Zolliecoffer filed a petition seeking to seal the court record in his case. He stated in the petition that he was “found guilty of burglary and grand larceny.”
The lawsuit acknowledges that Zolliecoffer filed the petition but states that at the time he did not realize that no court judgment existed showing he was convicted.
Zolliecoffer alleges that Beebe has refused to perform his duty by denying his request for a commission to serve as mayor. He contends that commissioning the winner of an election is “a ministerial act” and not subject to the governor’s discretion, but “alternatively, is such act be deemed to be discretionary, the defendant Gov. Mike Beebe abused his discretion in refusing to execute the commission.”
The suit asks the court to declare that Zolliecoffer is not a convicted felon and direct Beebe to commission him as Altus mayor.
Earlier this month, Attorney General Dustin McDaniel issued an opinion stating that Zolliecoffer is “clearly ineligible” for public office because he has two unexpunged felony convictions.
McDaniel also said that commissions are subject to the governor’s discretion, although the governor is limited by his oath to uphold the state constitution.
Beebe spokesman Matt DeCample said at the time the opinion made it clear Beebe could not commission Zolliecoffer to take office.
DeCample declined to comment on the lawsuit Wednesday but said, “I refer you to the A.G.’s opinion.”
Post declined to comment on the lawsuit. Zolliecoffer did not immediately return a phone message seeking comment.
