(The Sentinel) — Business owner and USD 231 School Board candidate Keith Davenport finds himself in a unique position just weeks before voters go to the polls. He’s a candidate for the District 3 seat on the board, but he’s living elsewhere within the Gardner Edgerton boundary.

At a recent candidate forum, Davenport used his opening statement to pledge if successful in unseating incumbent Greg Chapman, he would resign his position:

“During this campaign, I unexpectedly had to move across the school district, which means that should I be elected, I would have to resign that position in January, and the newly elected board would have to appoint someone to that seat.”

But in the intervening days, Davenport claims he has found a “clear legal path” to continue his campaign and serve in the district he filed in, but in which he no longer lives:

“When I entered this race, it was because I believe our schools deserve leaders who unite our community, not divide it — leaders who show up, listen, and lead with integrity. After I moved to another part of the Gardner-Edgerton school district, I initially believed that meant I couldn’t serve if elected.

“But after the recent forums, it became clear how deeply our district needs honest, hopeful, and forward-looking leadership. So I revisited the Kansas statutes and I found that there is a clear legal path that allows me to serve. If I am elected, I will not resign. I will serve.”

We reached out to the candidate and asked what statutes he had found to provide his “clear legal path” to serve in a district in which he was not a resident. Despite repeated questions placed on Davenport’s social media platforms he’s using to promote his campaign, he did not respond.

The Johnson County Election Office did provide some clarification. The Sentinel obtained from an anonymous source a response to a question on Davenport’s eligibility from Election Director Fred Sherman:

“The bottom line is we certify the candidates when they file June 1 and we conduct elections and will certify the winner of the election. Davenport is a qualified candidate. His name will appear on the ballot. If he does win the election, we will certify those results to the school district and then it’s up to the school district to determine the qualification of who takes the oath of office.”

We followed up with the Election Office and received this statement from Sherman:

“My staff will reference the individual’s voter registration status and information in ELVIS, the state’s voter registration system, once the signed candidate filing form has been submitted and witnessed being signed here at the Election Office.

“At times, there are certain aspects or variables about an individual’s voter registration status that some question.  Most of these situations are addressed in state statute in terms of the role and ability of the county election officer’s ability to process and question an individual’s qualifications to file as a candidate for office.  These are discussed in Chapter 1 of the Kansas Election Standards.

“The Kansas Elections Standards serve as a guide for county election officers by providing narrative descriptions of election-related topics and references to legal authority. It is not a substitute for directly referencing the relevant legal authority.”

We also contacted the office of Secretary of State Scott Schwab for a comment on the validity of the Davenport candidacy:

“We are fully aware of the situation; however, in local elections, our office has no jurisdiction or authority to make any decisions. Therefore, the state has no authority to make a determination on the validity of any candidate for local office. We have provided the Attorney General with the relevant legal and factual background.”

Election Day is November 4th.