Carpenter Seeks to Bar Fong From Office : Courts: Ex-state senator wants to keep his seat on state tax board while racketeering conviction is appealed. His successor is scheduled to be sworn in today.

Declaring that a felony conviction should not bar him from holding elective office, Democrat Paul Carpenter asked the California Supreme Court Wednesday to stop Republican Matt Fong from replacing him on the State Board of Equalization.

In a petition filed one day before Fong was scheduled to be sworn into office, Carpenter argued that he could not legally be stripped of his seat unless and until his conviction on federal racketeering charges is upheld by an appellate court.

However, Fong--chosen for the job by Gov. Pete Wilson and unopposed in the Legislature--said he would go ahead with plans to officially take the oath of office at a 10 a.m. ceremony today.

“I disagree with his legal reasoning,” Fong said. “According to the legislative counsel and to the attorney general’s office, the law is quite clear that even with a successful appeal he has no chance of taking the office.”

Carpenter’s petition contended that the state law barring convicted felons from holding constitutional offices could not be applied in his case until after the appeal process is completed because “none of the charged misconduct involved (his) duties as a member of the” board.

In the meantime, it asked that Fong be prohibited from taking a seat on the board because “the office is not vacant.”

Carpenter was convicted Sept. 17 of federal racketeering, extortion and conspiracy charges in connection with campaign contributions he collected as a state senator, before serving on the tax board. At the time of his conviction, Carpenter was seeking a second term on the five-member state board. Although he had been convicted of the corruption charges by the time of the November election, he was easily reelected to the seat which serves most of Los Angeles County.

“Unless this clearly unlawful action is reversed, the fundamental rights of Mr. Carpenter and those who voted for him will be abridged irreparably,” said the petition, which was also filed by Republican J. Andrew Lubin and Democrat Edith D. Dowell, citizens who voted for Carpenter in November.

Named as defendants in the petition were Wilson, who nominated Fong to replace Carpenter on Jan. 15, Secretary of State March Fong Eu and Controller Gray Davis.

Carpenter’s attorney, Merrick Scott Rayle of Los Angeles, said he believes if the state Supreme Court accepts the case, it will decide that denying Carpenter his office would in effect “disenfranchise” the 560,000 voters who elected him.