Turns out, the 34-year-old Lofgren is a convicted felon and apparently is barred from holding state, county or city elective office.

Convicted felons "can run for office, they just can't hold office," state Elections Director Michael Cragun said Tuesday. "So if they win, the body doing a canvass of the election would have to declare them ineligible to hold office."

But Lofgren, who in 1991 at age 19 pleaded guilty to third-degree felony theft for stealing jewelry, interprets the law differently.

Utah law bars a convicted felon from voting or holding a state, county or city office "until the right to vote or hold elective office is restored." Since Lofgren's right to vote was restored upon completion of his probation, he argues, so has his right to hold office.

But Assistant Utah Attorney General Thom Roberts said state law spells out no way for a convicted felon to hold office.

"There could be a court challenge" if Lofgren is elected, Roberts warned.

Even so, Lofgren intends to serve as mayor if he wins at the polls.

"If they say, 'No, I can't,' then obviously we'll have to take [legal] action," said Lofgren, adding that he is consulting an attorney.

Lofgren is one of four candidates vying to replace David Lifferth, who stepped in as a caretaker mayor in June after Kelvin Bailey resigned. Bailey's departure came a year after he pleaded no contest to faking his own kidnapping and filing a false police report.

Lofgren already has held political office since his felony conviction. He was appointed to the Eagle Mountain City Council in July 2001 and served until January 2002. His criminal record was not raised then.

In 1990, Lofgren explained, he was cleaning the floor of a business when a co-worker asked him if he would stash some jewelry in his coat. Lofgren said he reluctantly agreed, and once they were outside in the parking lot, he quickly handed over the hot merchandize to his co-worker. Lofgren was arrested the next day and eventually wound up spending 10 days in jail and paying a $625 fine.

Lofgren said he is a changed man since his arrest, though he did draw fire as a councilman for using an Eagle Mountain employee and city tractor to haul dirt to his home. But the mayoral hopeful calls it a misunderstanding. He said the driver was off duty and that then-Mayor Paul Bond authorized the tractor use.

Bond could not be reached for comment.

Lofgren said he never has tried to hide his felony record. When he filed to run for mayor, Lofgren told the city recorder about it. He even addresses the issue on his Web site.

"I decided to come out and be honest and say, 'This is what happened and this is how . . . I've dealt with it the last 14 years. I was young, and I was dumb.' "

Lofgren said he is in the process of getting his record expunged - "it will be as if the felony had never happened" - and will be fit to hold office if he is elected.

Cragun is not so sure. He said the state law about erasing his record "says nothing about its effect on a person's right to hold office."

Criminal defense attorney Greg Skordas, who ran unsuccessfully for state attorney general in 2004, doubts expunging the felony, at this point, would qualify Lofgren for office.

"When you file for office, you have to certify at that time that you are fit to hold office," he said. "I don't expect a [future] expungment will get him over that hurdle."

Eagle Mountain officials have informed Lofgren about possible legal problems with his candidacy.

"Our position is that we'll handle it if he wins," City Recorder Gina Peterson said.

meddington@sltrib.com

Who's running for mayor in Eagle Mountain?

l Michael Edwards

l Mark Lofgren

l Brigham Morgan

l Brian Olsen