Would the elected official allow the potential hire to be in charge of:
1) their children
2) their money
If the answer is no, then no hire.
They should be willing to publicly declare they would never use a background check for anyone doing any business with their family. If they will not affirm this....then out they go.
That makes sense. But we all know laws only affect the little people.
My line of work involves Military Installations all over the place. They lie at their own peril.