That was the revised position Wednesday of state Elections Director Michael Cragun, who said that further review of Utah statutes reversed his stand two days earlier that state law would allow Lofgren - a convicted felon - to file but not serve in any state, county or municipal office if elected.

Lofgren, 34, was convicted of a third-degree felony in 1991 for stealing jewelry.

Cragun, in a telephone message, said another part of the state code than the one he reviewed Monday indicates Lofgren shouldn't be allowed to file for office, either.

"I think I'm going to have to change my position," Cragun said.

Cragun pointed to part of Utah law that says if a prospective candidate doesn't meet the qualifications to hold office, the filing officer may not accept the declaration of candidacy or nomination petition.

Despite this new information, Cragun recommends that Eagle Mountain's election run its course and for the city to deal with the situation if Lofgren is elected. The candidate faces three other contenders for the mayor's job and must get past the Oct. 4 primary to have a shot at the Nov. 8 general election.

Eagle Mountain City Recorder Gina Peterson said Cragun told her on Tuesday it was up to the city's election office to make a final decision regarding Lofgren and that the lieutenant governor's office would support that decision.

"Our decision is that he can run for office, but not hold office," Peterson said Wednesday. "We are sticking to [that]."

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." Because Lofgren's right to vote was restored upon completion of his probation, he argues, so has his right to hold office.

At least one other city in Utah is dealing with a similar situation.

Steve Bower of Logan, also a convicted felon, said he has run for City Council and mayor in previous years, but this year officials have not allowed him to file.

He said this was the first time the city recorder's office asked him if he had been convicted of a felony, and when he said yes, they turned him away.

"They feel it is inappropriate for [me] to take votes from other candidates if [I] can't even hold office," Bower said. "There is something seriously wrong with that."

thollingshead@sltrib.com

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Tribune reporter Mark Eddington contributed to this story.