Felonies may not keep Arlington mayoral candidate from running. Here’s why.

A two-time convicted felon is running for mayor in Arlington, and the city says he can remain on the ballot unless it is presented proof he did not have his “full citizenship rights restored.” But what exactly that means has caused confusion surrounding candidates’ eligibility in local races across the state.

Jerry Warden, who filed Feb. 11 in the crowded eight-person mayor race, holds a lifetime listing in the state’s sex offender registry after his conviction in 1996 of aggravated kidnapping and sexual abuse of a 24-year-old woman. A grand jury also found Warden guilty of aggravated assault with a deadly weapon in 1995, according to Tarrant County criminal records. He served time for both felony charges at the same time.

State election laws prohibit people with felony convictions from running unless they are pardoned or had their full citizenship rights restored. Warden signed off on his application that he had his rights restored. He said in a phone interview with the Star-Telegram that his rights were restored after he served his sentences.

Texas Election Code states that candidates must be pardoned from their felonies or “otherwise released from the resulting disabilities.” Lawmakers have in recent years proposed clarifying or eliminating the line.

Attorney and businessman Jim Ross, who is also running for mayor, lodged a complaint Feb. 22, citing his sex offender registry appearance as reason Warden should not run.

In a response to Ross’ complaint, city secretary Alex Busken said his office does not have the authority to vet candidates or seek facts beyond Warden’s application and the records attached with complaints. Busken’s response was obtained by the Star-Telegram.

While the documents show Warden was convicted, Busken wrote, they do not specify whether Warden was pardoned or had his rights restored.

“Although the provided report may very well raise a fact question relative to Mr. Warden’s eligibility, such a factual determination is beyond the authority of the city secretary to determine,” he wrote.

Ross did not respond to requests for comment.

Warden said in a phone interview Thursday he’s “paid dearly” for his actions and has since tried to stay out of trouble. Credited as the “godfather of metal” in the Metroplex, Warden is still active in the music business as a talent purchasing agent.

“I’ll just say it’s been 28 years since a policeman told me to turn around and put my hands behind my back,” he said.

Police reform is one of the issues that Warden, 60, said drew him to enter the race, on top of a love for the city. Arlington police, he said, should undergo sensitivity training for treatment of all residents, including minorities and people in niche groups.

“The long-haired, rock ‘n’ roll metal niche is one of them,” Warden said.

Election laws unclear

Regaining the right to vote following a felony conviction is easier than regaining eligibility to seek local office, according to interpretations of state election code.

In order to regain their right to vote, convicted felons must have served their sentences, including incarceration, probation or parole, if they have not been pardoned. Warden earned back his right to vote following his sentence.

However, a 2019 opinion by Attorney General Ken Paxton suggests not all who have had their right to vote restored may seek public office. Restoration of voting rights does not necessarily mean a person has had their full citizenship rights reinstated.

State lawmakers have sought to clarify the law’s phrasing, which does not specify methods to restore full citizenship rights outside of a pardon. A bill Texas Rep. Jarvis Johnson, D-Houston, introduced during this year’s legislative session would allow anyone with restored voting rights to seek office, according to the Killeen Daily Herald.

Johnson did not return an email seeking comment Friday.

A bill in 2019 by Sen. Pat Fallon, R-Prosper, would have prohibited convicted felons from running without a pardon, but the bill died in a House committee.