In my six decades as a journalist, I cannot recall an instance where an elected candidate was challenged when attempting to take office because of a criminal record. This past election season, there were two - one in Carbon County and the other in Lehigh County.

The Pennsylvania Constitution addresses this under a section called “ineligibility by criminal conviction.” It says, “No person hereafter convicted of embezzlement of public moneys, bribery, perjury or other infamous crimes, shall be eligible to the General Assembly, or capable of holding any office of trust or profit in this Commonwealth.’’

Terry Kuehner, who won a six-year term as Lower Towamensing Township supervisor in November, told Carbon County Court Judge Joseph J. Matika last Friday that he will resign his position. The case wound up in court after Carbon District Attorney Michael S. Greek filed an action challenging Kuehner’s being seated because of prior felony convictions.

Friday’s hearing was to act on Greek’s petition to bar Kuehner from participating in or voting on any township business until the court weighs in on the matter. Kuehner announced before proceedings began that he intends to resign.

The hearing was rescheduled from Jan. 10 when Kuehner requested the continuance because he had not yet secured legal counsel. This gave the impression that he might fight Greek’s petition, but, apparently, Kuehner received legal advice that his position was not tenable resulting in his decision to go quietly.

Greek said he will not withdraw his petition until Kuehner’s resignation is accepted by the other members of the board of supervisors, which is expected to be at a meeting next Tuesday.

According to court records, Kuehner was convicted in November 2005 of three felonies and three misdemeanors. The most serious resulted from a September 2004 standoff at his home with state police which lasted about nine hours. Police said during the incident, Kuehner fired a shot at a police cruiser where a police officer was standing. There were no injuries but there easily could have been. Kuehner was sentenced to 18 months to 10 years in prison.

After announcing his candidacy for supervisor, Kuehner was said to be “disruptive” at township meetings as he grilled supervisors or employees. Township Secretary Christine Wentz turned in her resignation because of Kuehner’s actions, according to officials.

Running as a Republican, Kuehner won a tiebreaker in the GOP primary over Jay Mullikin, both of whom received 151 votes. Kuehner wrapped up the Democratic nomination with 14 write-ins to Mullikin’s 10. Kuehner received 332 votes running unopposed in November.

The three member supervisors’ board was scheduled to reorganize as is required by law at the beginning of the year, but the Jan. 3 meeting was postponed until Jan. 10. Kuehner did not attend the reorganization meeting.

In the Lehigh County case, District Attorney James Martin asked Lehigh County Court to block Nicholas Douglas from taking the seat he won via 30 write-ins for constable in Allentown’s 12th Ward because of prior convictions in Ohio, Michigan and Mississippi for which he served jail time and was on probation. In all, Douglas was convicted more than a dozen times between 2002 and 2020, court records show.

Douglas, 40, was convicted of fraud, theft and impersonating a police officer. In pleading his case before Judge Robert Steinberg, Douglas contends that he is a changed person and serves as a youth pastor who is advocating for young people so that they can turn around their lives.

All well and good, the judge said, but his convictions make him ineligible to hold office.

These two cases indicate to me that we need to have a better system of vetting candidates for public office, and when possible we need to do it before they get on the ballot. This was the case with Kuehner. There is ample time to check on the background of candidates between the time that they file their nominating petitions and the time that the ballots are printed.

The problem arises when a write-in candidate is elected. His or her name is not on the original ballot, so there is no way to vet the person in advance. What we can do, however, is make a thorough background check of the victorious write-in candidate before he or she takes office, about two months later.

Thanks to a tip, Douglas’ checkered past was discovered, but had it not been for this tipster, it is likely that this convicted felon would be carrying out law-enforcement duties on behalf of the Lehigh County court systems as a duly elected constable.

By BRUCE FRASSINELLI | tneditor@tnonline.com