Tom Fite: Voters ‘are mad’ about his ineligibility status

Now Tom Fite is talking. Finally. And he’s mad.

Prior to Wednesday’s hearing before Pulaski County Circuit Judge Collins Kilgore, Fite was told by his attorney and political consultants to keep a low profile. But now that Kilgore has ruled Fite is ineligible to win the race for Arkansas House District 83, the low profile days are over.

Fite (R) and Leslee Milam Post (D) were after the Arkansas House seat opened with the term-limited Rep. Beverly Pyle, R-Cedarville, unable to seek re-election.

Fite’s legal challenge to his ballot status came from Michael Grulkey, who filed a lawsuit in Pulaski County Circuit Court saying Fite has a 1984 criminal conviction that makes him ineligible for election. Fort Smith attorney Brian Meadors represented Grulkey, and Greg Almand represented Fite.

Kilgore, in a 3-page ruling issued Wednesday (Oct. 27), said the “uncontroverted” evidence is clearly against Fite.

“The plain language of the Constitution of the State of Arkansas prohibits one convicted of bribery from holding public office, and Mr. Fite has been convicted of aiding and abetting medicaid bribery,” Kilgore noted in the ruling.

Fite and his attorney planned to file an appeal with the Arkansas Supreme Court on Thursday. As of 4:30 p.m., Thursday, Fite said the appeal had not been filed. His attorney, Greg Almand, was in Dallas and was apparently having trouble getting the appeal filed, Fite explained.

In a lengthy phone interview Thursday afternoon with The City Wire, Fite said the 1984 conviction is a complicated issue that is not what it sounds like. A similar issue today would result in a penalty far less than a bribery conviction, he said.

But nevermind that. Fite wants the public to know that his opponent waited until the last minute to pursue the legal action because she knew she was going to lose the race. Also, Fite says if Kilgore’s ruling is allowed to stand, voters will remember this and in two years will not send Post back to Little Rock as a legislator.

“They (voters) are mad about this. I’ve heard from some Democrats who don’t like it. I even heard from one of her family members who said she (Post) put him (Grulkey) up to this,” Fite said.

Prior to news breaking about the legal challenge to Fite’s ballot eligibility, Fite said his pollsters — Little Rock-based The Political Firm — conducted a survey of 500 likely voters in the district (which covers portions of Crawford and Franklin counties). Fite said he was ahead 52%-24%, with 24% undecided. After the news broke, the pollsters conducted another poll, which had Fite at 52% and Post moving up to 43%.

“She knew that she was way behind. And that’s exactly why they don’t want the results leaked out. That’s why the attorney doesn’t want those numbers leaked out because it will embarrass her. It will show that the voters would have had a different outcome than what she wants,” Fite said.

Meadors said Wednesday he is asking the election chiefs in the two counties to not release the number of votes for Fite. Kilgore’s court order prevents election officials from “counting any votes for Mr. Fite.”

Fite also said The City Wire and other media were eager to print his problems, but have yet to notice that Post is late on filing her 10-day pre-election campaign finance disclosure.

Indeed, Post is late with the filing. As of Thursday, four days prior to the election, Post had not filed the report. The Arkansas Ethics Commission has the authority to issue a warning and and up to $50 fine for the filing delay.

Fite also released Thursday the following statement to area media:
“Arkansas election procedure is being attacked by people like the Plaintiff in the lawsuit against me in Pulaski County. The attack on election procedure is dangerous to our right to vote. Any time the Courts control the outcome of an election, our rights to vote are taken from us by judicial fiat.

“Judge Collins Kilgore’s ruling yesterday violates my rights as a citizen, and violates the rights of all of the voters in District 83, of Crawford and Franklin counties. The Judge’s ruling asks the Election Commissions to take my name off the ballot. In Court yesterday, my Attorney asked the representatives of both Commissions if they have the ability to physically remove my name from the ballot. All parties to this case agreed that it was not possible to remove my name from the ballot at this time. It cannot be done without destroying the entire ballot for every Voter in District 83. Don’t take my word for this, ask the Election Commissioners whether I speak the truth on this matter.

“Judge Kilgore has ignored the fact that it is too late to remove my name from the ballot. He has ordered the Election Commissioners to remove my name from the ballot. Doing so, will destroy the election process in District 83.

“An Order of this nature cannot stand up to an appeal. I urge all citizens in Franklin and Crawford County to continue to vote, to head to the polls, and to exercise your right to vote. Do not let the Pulaski County Court’s decision destroy our election. Cast your vote in this mid-term election. I will make it my life’s work to see that our votes are counted.

“If I am ultimately declared ineligible to hold office, I will accept my fate. However, the election procedure used by Judge Kilgore is flawed and I believe illegal. I want a fair hearing to demonstrate the problems.

“I was not served with the Summons and Complaint. They served my 87 year old father with papers, and his name is Thomas L. Fite, just like mine. To proceed in this manner is just as illegal as the Court finding a citizen guilty before trial. Based upon the Supreme Court’s decision against the Mayor of Greenwood, an illegal decision is an illegal decision, and there is no qualification. Judge Kilgore has done what he has accused me of doing, when in fact I have not had my day in Court. I am not guilty of an “infamous crime.” I plead guilty to a misdemeanor to keep from being re-tried by the Federal Government, after being acquitted on most charges, and having a hung jury in my favor on the rest. I bribed no one. No money changed hands. I was guilty of being an owner in a wholesale business who lawfully sold pharmaceuticals to a pharmacist who then illegally billed medicaid. The pharmacist was my customer. I was guilty by association. Having been forced to plead guilty to a crime I didn’t commit because the federal prosecutor was going to abuse his power and persecute me until he was satisfied with the result. I could not afford any more attorneys fees at the time, and I could not stand the stress of being persecuted. That’s why I was found guilty. This is not an infamous crime that should keep me from serving office. All this happened in 1984. Does this sound like the kind of justice our Arkansas government should impose upon its citizens and political candidates?

“You can help stop this madness by voting in the election! Preserve and fight for your right to vote. Please go to the polls and voice your opinions and your exercise your rights!

“Thank you for your kind attention, and God bless America!”