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NewsFebruary 3, 2007

CAIRO, Ill. -- A convicted felon challenging his dismissal from the ballot cannot be a candidate for Cairo City Council, a judge ruled Friday. Phillip Matthews, who was seeking the Ward 2 seat, had been removed from the ballot by a city election board Jan. 5 following a challenge to his candidacy from Thomas Simpson, who is also seeking the spot. The board found that Matthews, who was convicted of theft in 1998, could not be a candidate under state law...

CAIRO, Ill. -- A convicted felon challenging his dismissal from the ballot cannot be a candidate for Cairo City Council, a judge ruled Friday.

Phillip Matthews, who was seeking the Ward 2 seat, had been removed from the ballot by a city election board Jan. 5 following a challenge to his candidacy from Thomas Simpson, who is also seeking the spot. The board found that Matthews, who was convicted of theft in 1998, could not be a candidate under state law.

In his court challenge, Matthews argued that Simpson had not objected to his candidacy in a timely manner and that the board hearing wasn't held within the time period required by law. In his ruling, Circuit Judge William Thurston said the timing of both the challenge and the hearing was proper, considering that both occurred near the Christmas and New Year's holidays. Cairo city offices were closed during part of the weeks following both holidays, Thurston wrote, and the time limits apply to business days.

Thurston also rejected Matthews' contention that his notice of the challenge and hearing was insufficient. "The court finds that the board's failure to strictly comply with the Election Code does not nullify their decision," Thurston wrote.

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The ruling came two days after another judge ruled that Charles Koen, also a convicted felon, should appear on the ballot because the man who filed a challenge to his candidacy did not appear for the board hearing. Simpson attended the hearing on Matthews' qualifications.

In all, 35 candidates are seeking six seats on the Cairo City Council and 10 candidates are seeking to become mayor.

rkeller@semissourian.com

335-6611, extension 126

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