MONROE COUNTY, Wis. -

A criminal complaint has been filed against former Tomah mayoral candidate Le Roy Kelsey.

Kelsey has been charged with two counts of felony false swearing, Monroe County District Attorney Kevin Croninger announced Thursday afternoon. Kelsey was convicted of felony for taking nearly $7,000 from the Sparta American Legion back in 1990.

Kelsey told an investigator from the Monroe County Sheriff’s Department on March 14 that he was sentenced to 60 days in the county jail, three years probation and he had paid everything he owed up front. Kelsey said since he did all this he assumed the felony charge was dropped to a misdemeanor because he had fulfilled his obligation of conviction, the criminal complaint states.

Kelsey told an investigator he saw on court records that he still had the right to vote and serve on jury duty.

On December 8, 2011, Kelsey declared his candidacy for the office of Alderperson First Aldermanic District (wards 1 and 2) for the City of Tomah. On December 2, 2013, Kelsey declared his candidacy for the office of Mayor of Tomah. The Department of Justice has ruled that Kelsey is not eligible to hold office as mayor or as an alderman.

Kelsey told investigators after he received a letter from the attorney general dated March 7, he stopped his campaign for mayor, removed all political signs he had up, and also stopped the website he had created for Leroy Kelsey for Mayor.

Kelsey is also stepping down from his role on the City Council.

The Government Accountability Board said it’s too late to change the ballot for the April 1 election so Kelsey’s name will remain on it as a mayoral candidate.

Shannon Hough is the other mayoral candidate on the ballot. Hough would have to win the popular vote to be elected mayor.

Tomah City Administrator Roger Gorius says if Kelsey wins the Tomah mayoral election, he would not be allowed to be sworn in. At that point the city council would have to appoint someone for the position of mayor until the next election.