Judge rules Satori ineligible as candidate

By Scott Loftis

SLoftis@cherryroad.com

Beau Zar Satori is ineligible to run for or serve as mayor of Eureka Springs, Carroll County Circuit Judge Scott Jackson ruled at the conclusion of a hearing Tuesday, Oct. 18.

Beau Satori

Jackson’s ruling could create more questions than answers, however, with early voting in the Nov. 8 general election beginning this week and ballots including Satori’s name as a mayoral candidate already printed. While Jackson ruled that votes cast for Satori will not be counted, he offered no guidance on how such votes should be considered for purposes of determining whether a runoff is necessary.

Instead, Jackson told Carroll County elections officials to consult with the Arkansas Secretary of State’s Office regarding that issue.

An attorney for Satori filed a notice of appeal on Thursday, Oct. 20, along with a motion to stay Jackson’s judgment until the state Supreme Court can rule on the appeal. If the stay is granted, votes for Satori would be counted pending a ruling on the appeal.

Satori is among three people who filed as challengers to Eureka Springs Mayor Butch Berry’s bid for a third four-year term. The others are Tracy Johnson, former events coordinator for the Eureka Springs City Advertising and Promotion Commission; and local restaurateur Brandon Cox.

Carroll County Prosecuting Attorney Tony Rogers filed a petition on Oct. 4 seeking the annulment of Satori’s certification as a candidate. Although the version of the petition available to the public is heavily redacted, it apparently is based on Satori pleading guilty to a felony charge relating to failure to file a state sales-tax form in 2003. According to arguments during the Oct. 18 hearing in the courtroom of the Western District Courthouse in Eureka Springs, the case was later expunged.

Deputy prosecuting attorney Craig Parker pointed out during the Oct. 18 hearing that the state legislature in 2019 passed a law making it illegal for a person who had pleaded guilty to a felony to run for or hold elected office, even if the charge was later expunged.

Attorney Brian Hogue, representing Satori, argued that the title of the 2019 legislative act specifically refers to a “conviction.”

“In this case, there has not been a conviction of my client,” Hogue said.

Craig Parker pointed to the text of the 2019 statute, which states: “If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime,” that person is not eligible to seek or hold public office.

Jackson found that “the legislature has changed the qualifications to serve as mayor of Eureka Springs.”

“Because of this 2003 court proceeding, Mr. Satori, you cannot run or hold the office of mayor of the city of Eureka Springs, according to that statute,” Jackson said.

Jackson did not rule on a motion to intervene filed by Eureka Springs attorney Tim Parker on behalf of resident Benjamin Sharum, who asked Jackson to order that if Satori were found to be ineligible, his name should be removed from the ballot. Tim Parker also has filed a motion to dismiss Rogers’ petition, arguing that precedent requires all four of the mayoral candidates to be named as parties in the case and that Rogers’ petition does not request a declaratory judgment.

The Carroll County Election Commission held a special meeting Friday, Oct. 21, to determine how to proceed and specifically how to respond to voter questions about Satori’s status. The commission voted 3-0 to have cards printed stating that a court order says Satori is prohibited by law from running for or holding the office of mayor of Eureka Springs and that votes for Satori will not be counted or certified, but that an appeal has been filed. The cards will be given to voters who ask about Satori’s status. The commission said election workers will be told not to express their personal opinions or offer any more information regarding Satori or the court order.