Senior Judge Keith Quigley sided with the argument from Mr. DeWeese's attorney, John Connelly, who said that the Greene County legislator's convictions on theft, conspiracy and conflict of interest charges will not be final -- making him ineligible to serve in the Legislature -- until he is sentenced.
Mr. DeWeese was found guilty of five felony counts on Feb. 6, but will not be sentenced until April 24, which is also the primary election. He and his attorney have argued that his sentencing date could change, and that the appeals system potentially could reverse the jurors' decision in time for him to return next session.
The judge, however, also said there were merits to the challenge, which noted that Mr. DeWeese will be sentenced as voters are casting their ballot.
Travis Barkley, a Greensboro veteran and former Republican county commissioner candidate who filed the challenge, said allowing Mr. DeWeese as a candidate goes against the aim of holding elections if he won't be able to serve.
"I don't personally disagree with most of what you said," Judge Quigley told Mr. Barkley.
Mr. Barkley also has filed a petition with the state Supreme Court seeking to remove Mr. DeWeese's name from the ballot.