Ted Harden of White Hall will appear twice on the Nov. 6 general election ballot. He is the unopposed Republican nominee for Jefferson County judge and District 12 justice of the peace, the latter post he currently holds.
State Rep. James L. Word, D-Pine Bluff, sought and obtained a legal opinion to determine if Hardin can run for two positions simultaneously. Attorney General Dustin McDaniel answered last Wednesday that the answer is “generally ‘yes’.”
The dual appearance is legal, and it is not the first time in election history that it has occurred. The same questions were posed to earlier attorneys general in 1994, 2000 and 2006.
“If so, what is the procedure if that person is elected to both offices, in this instance, justice of the peace and county judge?” Word asked.
“With regard to your second question, there is no statute addressed to this particular scenario,” McDaniel replied. “However, the holding of these two positions simultaneously would very clearly be contrary to law. And the general rule in that circumstance is that the officeholder will retain the last office accepted.
Independent reporting for Pine Bluff & Jefferson County since 1879.
Should Harden, the only Republican candidate for county judge and JP for District 12, be elected to both positions in the November general election, he must declare which office he will occupy by taking the oath of office.”
Harden has said he would serve as county judge and resign from the quorum court if he were elected to both positions. The governor fills vacancies on the county legislative bodies by appointment.
Holding dual offices is allowed under some circumstances. More than one elected official has been allowed to serve on local school boards because the latter posts are unpaid.
Pine Bluff Alderman George Stepps was elected to his council seat and the Dollarway School Board, serving today on both bodies. Efrem Elliot is a state representative and also serves on the Dollarway board.