Two additional Candidate Forums are scheduled on KVOE’s airwaves later this month, but not a third.
*July 16: Lyon County Commission Second District Republicans Sid Morgan and Doug Peck
*July 23: Lyon County Commission Third District Republicans Chris Bartel, Warren Schmidt, Jarom Smith and Jon Vopat
Initially, KVOE News had five total forums planned, but a legal situation has been unfolding for several days regarding the Lyon County Sheriff’s Office race. Republican challenger Daniel Klingensmith has been removed from the ballot after a standard background check and public record review through the Kansas Bureau of Investigation initially found Klingensmith’s record did not preclude him from becoming sheriff. However, the KBI says it was informed about “non-public criminal history information,” such as expungements, successfully-completed diversions, acquittals, dismissals and juvenile offender records — and it says it found unspecified records that precluded Klingensmith from becoming sheriff. County Clerk Tammy Vopat then removed Klingensmith’s name from the ballot.
Klingensmith admitted to KVOE News he had a marijuana conviction years ago.
Klingensmith sued Vopat in her official role as county clerk and also says there was a conspiracy between Vopat, current Sheriff Jeff Cope and County Counsel Molly Priest to forward his expungement information to the KBI. Vopat says that was not the case.
Priest, meanwhile, says there was no effort at the county level to dig up any non-public criminal history.
The Kansas Supreme Court did not address anything regarding the information flow to the KBI, but in its ruling announced Thursday it says the county election officer “had a statutory duty to remove the mandamus petitioner’s name from the ballot for election…due to the petitioner’s disqualification despite the expungement.” Justice Caleb Stegall concurred, but he questions the validity of the underlying Chamberlain v Burhman ruling despite state law saying a person with an expunged conviction “shall be treated as not having been convicted of the crime” in cases not relevant to Thursday’s ruling. Stegall also says the Supreme Court may have to revisit expungement cases at a later time.
Locally, the Lyon County ballot printing process had been held up as the Supreme Court mulled the Klingensmith case. That process can now proceed and Vopat says the ballots will be in her office by Wednesday, when they have to go out to those requesting mail ballots as per state law.
