On October 1, 2022 Scott Chaloner released a statement through his Facebook account stating, “I have Officially withdrawn from the Mayor’s race as of 9-26-2022.” Chaloner, along with two other candidates, were challenging incumbent Mayor Paul Mitchell in the upcoming November election.
“As a candidate for Mayor, it was my responsibility to make sure that something that happened 24 years ago was cleared up and evidently it wasn’t,” Chaloner continued, “I have no shame in withdrawing from this race because of that.”
Chaloner then thanked his supporters and endorsed Crystal Herrmann for mayor.
Chaloner claims his withdrawal was “Voluntary” but by the time he issued his statement he had already been notified his eligibility to appear on an election ballot was being challenged. The challenge is based on Chaloner’s guilty plea during a 1998 trial for, “Theft by Receiving;” “[S]omething that happened 24 years ago.”
According to documents available on the Arkansas Judicial website, on September 20 a “[P]re-election eligibility challenge” was filed with the Pulaski County Circuit Court by Timmy Lee Winnett through his Attorney Clinton W. Lancaster. A summons was issued the same day and served on Chaloner September 22.
On October 3 a “Notice of Hearing” was sent to Chaloner notifying him a hearing will be held Thursday, October 6. The presiding judge was to be the Honorable Mackie M. Pierce.
In the “[P]re-election eligibility challenge” the petition makes the following claims as to why Chaloner should not be allowed on the ballot or to serve as mayor.
“That the Arkansas constitution prohibits persons convicted of infamous crimes from holding office.”
“That Ark. Code Ann. § 21-8-305 prohibits a person convicted of a public trust crime from running as a candidate for any elected office in a municipality.”
“That the Arkansas Supreme Court has held that misdemeanor theft constitutes a (sic) ‘infamous crime.’”
“That in 1997, Scott Chaloner was charged with theft by receiving, a class C felony.”
“That in 1998, Scott Chaloner pled guilty to and was convicted of misdemeanor theft by receiving.”
“That theft by receiving, even a misdemeanor, is an infamous crime.”
The petition then asks the court for the following three declarations.
“That this court should declare that Scott Chaloner is ineligible to run for or hold public office.”
“That this court should order that Scott Chaloner be removed from the ballot.”
“That this court should enjoin the Secretary of State from counting votes for Scott Chaloner.”
Included with the petition are two documents labeled “Exhibit-1” and “Exhibit-2.” “Exhibit-1” is the Saline County Sheriff’s Office report. “Exhibit-2” is the court’s final judgment from 1998.
According to the sheriff’s office report they had been alerted that, “[A] barrel to a .22 caliber rifle could be located in the trunk of a green vehicle that was parked in the front yard of Scott Chaloner.” Allegedly the barrel had been sawed off of a stolen rifle.
On January 13, 1997 Saline County detectives arrived at Chaloner’s home on Don Parker Drive. In 1997 Woodland Hills was not part of the City of Alexander.
“Detectives spoke with Scott Chaloner who signed a consent to search form and gave verbal consent for Detectives to search a green Ford Thunderbird located in the front yard of his residence,” the report states. “Detectives located a barrel to a .22 caliber rifle as well as a Mastercard, a Boatmans Bank card, and a (sic) Arkansas Drivers license all belonging to Rickey Steven Allen. Detective Martin contacted Rickey Allen who said that these items were stolen from his residence.”
While in custody at the Saline County Sheriff’s Department the report states, “Scott Chaloner said that he assisted in cutting the barrel off of the .22 caliber rifle and then sold the rifle. Scott Chaloner said that he did not know how the stolen items got into the vehicle parked in his yard.”
The trial was held March 3, 1998 in which Chaloner pled guilty. According to the court judgment document Chaloner was found, “[G]uilty of the crime of: Theft by Receiving (class A misdemeanor).”
Chaloner was sentenced, “[T]o serve 10 days in the Saline County Jail, however, that period will be suspended.”
He was also ordered to, “[P]ay a $100.00 fine plus court cost of $150.00.”
According to Winnett the October 6 hearing was canceled since Chaloner withdrew from the election.
By the time Chaloner withdrew from the election it was too late to have his name removed from the ballot. Mayor Paul Mitchell says he was told the Saline County Clerks Office is trying to find a way to notify Alexander voters that Chaloner has withdrawn from the race and any votes cast for him will not be counted.
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