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Rep. Patty Kim, D-Harrisburg, and her primary opponent, Richard Soto, are vying for the 103rd state House seat but some say that the state constitution would bar Soto from serving if elected.

Democrat Richard Soto is running for his party's nomination in a contested primary for the 103rd state House seat representing Harrisburg and the surrounding area.

But if he would beat out two-term incumbent Patty Kim in his first-time bid for public office and win the seat in the fall election, the Department of State and an election lawyer say there's a good chance he could not serve in the office.

Soto, 48, has a criminal record. Along with a pair of drug convictions from earlier in his life, he was caught up in a federal drug raid in 2005 that resulted in him pleading guilty to a count of distribution of heroin. He served eight-and-a-half years in prison for that.

The unapologetic ex-convict who now works full-time in the maintenance department at a Carlisle online pet store warehouse says he served his time and now wants to serve his community by representing it in the state House of Representatives.

This is a provision in the state Constitution that the Department of State said would make an ex-felon ineligible to hold office.

Problem is, a Department of State spokeswoman Wanda Murren said a provision in the state constitution bars anyone convicted of certain offense, including the catch-all, "infamous crimes," that she said would include a felony conviction, from holding office.

And if that doesn't prevent him from serving, it's possible another provision in the constitution might.

Election law attorney Scott Caulfield points out this section of the state constitution also could stand in the way of Democratic state House candidate Richard Soto from being seated if elected.

Harrisburg attorney Scott Caulfield, who has regularly practiced in election law but no longer represents any political candidates, said the constitution allows for the House to expel a member by a two-thirds vote.

"I would suspect if he is elected that somebody in the House of Representatives would challenge it and seek to not seat him as a member of the House," Caulfield said.

That would result in leaving the seat vacant until a special election was held to fill it.

But Soto said his advisers suggest, after studying the law and constitutional provisions, that he could serve. He points to former Washington, D.C., Mayor Marion Barry who served in public office after his felony drug conviction.

What's more, he sees his situation as a way to spotlight what he considers to be a contradiction about his opponent.

Kim supported legislation recently signed into law by Gov. Tom Wolf to give certain ex-offenders an opportunity to have their criminal records sealed so they don't show up in background checks by prospective employers.

"She says, 'I'm for giving people second chances in life,'" Soto said. "But what she's saying to me and other convicted felons is it's okay to give me a second chance to get a warehouse job or McDonald's job but it's not okay to run for the office she now holds. She contradicts herself."

Kim, a 42-year-old former Harrisburg City Council member, said her actions in office demonstrate her commitment to assisting ex-offenders.

In addition to her support of the new law, she said her office holds weekly ex-offender clinics in her district office to offer counsel and aid in job placement as well as held job fairs that invites employers who are open to hiring ex-offenders.

"I believe every ex-offender who has changed their life for the better should get a second chance," she said.

Kim said she does not intend to make Soto's criminal history a campaign issue.

Kim was unaware until around the nominating petition deadline last month that she even had a primary opponent, she said. However, she said she knows when you run for election, competition is expected.

"I know that voters like options and I always see an election as an employee review," Kim said. If the review is positive, voters support her and she gets another two-year term.

Kim won the Dauphin County Democratic Committee's endorsement last month although Soto challenged the fairness of the endorsement process. He said he wasn't given an opportunity to appeal to committee members for their support. But both Kim and county committee chairwoman Rogette Harris said that likely was because no one knew he was running for the office. Harris said he didn't inform her.

Soto believes his background of growing up in the projects and commitment to his community, which includes running job fairs and formerly running a youth center he started in Hall Manor prior to his drug conviction, makes him a good overshadows his criminal record.

"I just want to give back to the community and let the people decide," Soto said.