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House Democratic seat vulnerable, Democratic leader says
Saturday, Jun 28, 2008

By Doug Thompson and Rob Moritz
Arkansas News Bureau

FAYETTEVILLE - If he wins in November, a former legislator running to return to the House seat gave up after being accused of molesting a teenage girl could face an attempt to block him from being seated.

Several House members have discussed refusing to let former House member Dwayne Dobbins of North Little Rock take his seat, if Dobbins wins the general election, when the Legislature convenes in January, the House majority leader said Friday.

Rep. Steve Harrelson, D-Texarkana, told the Fayetteville Political Animals club it would be difficult to refuse Dobbins his seat because Dobbins has an opponent in the general election. The Green Party of Arkansas nominated Richard Carroll last week to challenge Dobbins for the District 39 seat.

"If you refuse to seat a member who had no opposition, you can say that the voters had no choice," Harrelson said. "It's a different ball game when he has opposition. It will be more difficult to go against the voters."

Harrelson said Carroll has a good shot at winning the seat because "Democrats in that race are not enthused about their candidate."

Republicans also have talked about what could be done about Dobbins.

Rep. Bryan King, R-Berryville, the House minority leader-elect, said Friday the GOP caucus discussed the idea and said he expects an attempt to be made to block Dobbins from being seated if he is elected.

"Now the idea is just on the table ... we need to wait until the outcome of the (general) election," King said. "No one wants a convicted child molester ... in the House of Representatives. I think that would be a concern that would be addressed."

Dobbins was in his second term in the state House in 2005 when he was charged with felony sexual assault after a woman reported that he improperly touched her at her home in September 2004, when she was 17.

Dobbins later pleaded guilty in Pulaski County Circuit Court to misdemeanor harassment and resigned from the Legislature as part of a plea agreement with prosecutors. He was sentenced to a year's probation, fined $1,000 and ordered to undergo counseling.

Dobbins' wife, Sharon, ran for his vacant seat and was elected to the House in a special election.

On March 10, the last day of the state's week-long political filing period, Dwayne Dobbins filed to run for the House seat instead of his wife. No one else filed to run for the seat.

House speaker-elect Robbie Wills, D-Conway, said Friday he is urging House members to let the process run its course.

"Now it's premature to talk about whether someone should be seated when we haven't even had an election," he said, adding that voters in the district will be able to make a clear choice between Dobbins, the Green Party candidate and possibly a write-in candidate.

State Democratic Party chairman Bill Gwatney is trying to recruit a write-in candidate to challenge Dobbins. The deadline for a write-in candidate to file is Aug. 6.

Gwatney was out-of-town and could not be reached for comment Friday.

Democratic Party spokeswomen Darinda Sharp said any move to refuse Dobbins a seat in the House, if he is elected, would be completely up to House members.

House Parliamentarian Tim Massanelli said Friday the state constitution makes the House the sole judge of its membership and that members can seek to keep a member from being seated if they choose.

In 1991, an attempt was made to block then-Rep. Jimmie Wilson of Lexa from being seated after the Democrat pleaded guilty to federal misdemeanor charges. The vote failed and Wilson was seated. Later that year, he served four months in prison.





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