CHARLESTON (AP) - A former county assessor convicted in a vote-buying scandal believes he deserves his public pension because his crimes did not involve his office or his election.

Former Lincoln County Assessor Jerry Weaver pleaded guilty in 2005 to a federal charge linking him to a long-running conspiracy to corrupt the county's Democratic primaries.

But his lawyer told the state Supreme Court on Wednesday that his role in that scheme did not amount to ''less than honorable service,'' the standard by which public employees or officials are stripped of their pensions.

Leah Macia cited state law that limits that standard, in the case of felony convictions, to ''conduct related to his or her office or employment.''

''We know that his crime did not have to do with the services he rendered in the office. The federal court has already examined this very issue,'' Macia said. ''There is no evidence that his illegal conduct had to do with how he obtained his office.''

Weaver, 58, admitted to passing along money for bribing voters to precinct captains. When he sentenced Weaver in 2006 to a year in jail, U.S. District Judge John T. Copenhaver declined to conclude that Weaver had meddled with property tax assessments as part of the conspiracy, as federal prosecutors had alleged.

But Jeaneen Legato, representing the Consolidated Public Retirement Board, noted that Weaver funneled money for eight elections. First elected in 1980, Weaver was returned to office in four of those tainted contests, Legato said.

Legato added that the ''slates'' of candidates handed to bribed voters remain sealed in the federal probe, so the board does not know if Weaver's name appeared on them.

''We tried to obtain copies of the slates. We were denied access,'' she told the justices.

The federal probe surfaced in southern West Virginia just before the 2004 primary. Weaver and a dozen other area residents pleaded guilty in the case including several other elected officials, all Democrats: Logan County's clerk, its sheriff and Lincoln County's circuit clerk. They all resigned as well.

Weaver's felony conviction prompted the board to revoke his pension benefits in 2006. He is appealing after a Kanawha Circuit judge affirmed the board's decision last year.

Justice Brent Benjamin cited the circuit ruling while repeatedly questioning how the state could grant benefits to a convicted official.

''Why would a political crime not be relevant?'' Benjamin asked at one point. ''So, politicians who engage in illegal, political activity, that should have no bearing on their pension?''

''That is a decision that the Legislature has made,'' Macia replied. ''It's how the Legislature has written it. The Legislature has made a statutory term.''

Macia noted that other states have written similar statutes more broadly. She also referred to a Florida case where a prosecutor kept his pension because the law there covered giving bribes but not taking them, as he had done.

''Even if you're technically right...what you're asking us to do is a real tough sell to the public generally,'' said Justice Larry Starcher.

''I might add the word 'offensive,''' Benjamin said.