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Ballot Access Restrictions: Void as Against Public Policy?

Kevin Stokes, Thank you to Sterling Stokes, Patrice Stokes, and the staff of The Journal of Gender, Race & Justice for their continued support and assistance, both to and throughout this Note's development.

I. Introduction

Scandal has plagued the Richmond City Council (Council) for the past quarter of a century. In 1978, financially distressed councilman, Raymond Royall, staged a drowning death and later reemerged in Sl. Louis, Missouri.1 That same year councilman-elect William Golding relinquished his seat on the Council upon learning that his teenage felonies barred him from holding public office.2

Unfortunately, the passage of time did not ameliorate the controversies surrounding the Council. In fact, the 1990s saw further scandal. Particularly, the year 1996 bore horrors for three councilpersons. To begin, councilman Chuck Richardson, a convicted heroin-user, "served more than a year in jail . .. for refusing to identify suppliers."3 Councilwoman Shirley Harvey neglected to pay utilities bills for rented,. city-condemned property.4 Additionally, councilman Larry Chavis became mayor-elect days before the public announcement that his trucking company owed a quarter ofa million dollars in back taxes.5

Scandals continued. In 1999, councilman-mayor Leonidas Young faced conviction on two counts: "influence peddling as mayor in the mid-1990s and of fraud as pastor of Fourth Baptist Church.,,6 In addition, councilwoman Reva Trammell acted contrary to the city charter in 2001, instructing a city police officer not to report her quarrel with another officer who allegedly struck her.7 Thus veering away from the road to recovery and improvement, the Council traversed the road ofpolitical stagnation.

A. The Sixth District Controversy

Such polítical scandals raised public distrust and caused both the media and voters to pay particular attention to vacancies on the Council. In February 2003, a grand jury indicted Sixth District councilman Sa'ad El-Amin on nineteen counts, including tax evasion and fraud.8 EI-Arnin pled guilty to conspiracy to defraud the United States.9 His conviction, subsequent sentence to federal prison, and official resignation created a vacancy on the City Council.10 A month later, the Federal Bureau of Investigation arrested councilwoman Gwen Hedgepeth for allegedly accepting a $2000 bribe for her vote on a pending appointment to replace councilman EI-Amin's seat,11 Less than a month later, a grandjuryindictedher on charges ofaccepting abribe and lying to FBI agents.12 As a result, insurmountable public criticism and disillusionment eroded public confidence in the Council's ability to mandate candidacy requirements for appointment to the Sixth DistriCt,13

B. The Council's Impositionofa Credit Check Waiver

. The circumstances surrounding the Council's appointment proeedure to the Sixth Distriet Couneil seat roused further controversy. The Council required all applicants seeking appointment to submit personal information.14 The Council required the same for the Fourth District seat, which was left vacant after a councilman's fatal heart attack,15 The revised application procedure required applicants to submit resumes and consent to background investigations,16 which were to be executed by the Cíty of Richmond17 The background investigations provided, in relevant part, for the investigation of applicants' credit histories.18

The background investigation, particularly the required consent to a credit check, drew public attack and press attention.19 The public's main complaint was the creation of double standards and excessive authority in contravention of the city charter.20 For instance, former councilwoman Shirley Harvey voiced concern that the Council subjected applicants to criminal background and credit history investigati...

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