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Gerald "Jerry" D. Harl took out
registration papers and gathered signatures to have his name placed
on the ballot as a Democratic candidate for mayor of Lincoln. He
returned the completed paperwork and a petition with signatures to
the city clerk's office as required to run for the office of mayor.
Harl confirmed during the hearing
that when he took out the papers he was given a packet of
information. Information included in that packet stated that
according to state law anyone with a conviction cannot hold public
office. He said he knew that when he turned in his registration: "I
read that."
When a resident saw the list of
candidates, he made a formal objection to Harl's place on it. Eric
Cooper knew of Harl's past conviction.
City attorney Bill Bates conducted
the hearing and stated that the purpose of the hearing was for the
board to determine if they would sustain (uphold) the objection and
thereby not allow Mr. Harl's name to be placed on the ballot or if
they would overrule the objection and let his name be on the ballot.
At the opening of the hearing, Harl
said, "Ya, I know I committed a felony. I didn't think you was going
to bring it up." He said that was a long time ago and he thought
there ought to be forgiveness. "You do anything when you're angry?"
he asked, "It ought not get held against you."
He said it was 11 years ago and he
pleaded guilty to a judge. He served 30 weekends in Logan County
Jail over the course of 2½ years.
He said he was there [at the
hearing] to get some answers to his questions. Repeatedly throughout
the hearing he stated that he wanted to know who initiated the
complaint. He did not accept that it was the man in the courtroom,
Cooper, who registered the complaint that was behind it.
He added that if it was decided that
his name was not going on the ballot, he would fight it, he would
take it to the courts, he would take it to the state.
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His argument to support his
intention to run for the office was that he wanted to give something
back to the community. Lincoln wants a full-time mayor, he said.
He also thought that his
registration should have been stopped before he went through filling
out all the paperwork. "What in the … they waited till the last
minute to bring it up," he said.
Bates explained the timeline to Harl,
starting with the fact that, "You can't file an objection until
someone files a nominating petition." The objection was registered
when his name was seen on the list. After the objection was
registered there was a definite procedure and numerous actions to
take in a specific timed sequence to call the hearing.
Each of the three board of elections
members -- chairman Benny Huskins, City Clerk Melanie Riggs and
senior city Alderman Orville "Buzz" Busby -- asked Harl at least one
question regarding his having the correct information. His responses
confirmed that he received the information in a timely manner, read
and understood the restriction that does not allow him to hold the
local office that he registered for.
They unanimously voted to uphold the
objection.
Bates' announced that Harl's name
will not appear on the ballot.
At which time Harl said, "That's all
right. I was gonna take my name off anyway."
Harl promptly left the courthouse.
Every other person present took time
to greet and shake hands with Cooper.
[Jan
Youngquist]
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