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Current as of January 02, 2024 | Updated by FindLaw Staff
Sec. 5. (a) This section does not apply to a candidate for federal office.
(b) As used in this section, “felony” means a conviction for which the convicted person might have been imprisoned for more than one (1) year.
(c) A person is not disqualified under this section for:
(1) a felony conviction for which the person has been pardoned;
(2) a felony conviction that has been:
(A) reversed;
(B) vacated;
(C) set aside;
(D) not entered because the trial court did not accept the person's guilty plea; or
(E) expunged under IC 35-38-9; or
(3) a person's plea of guilty or nolo contendere at a guilty plea hearing that is not accepted and entered by a trial court.
(d) A person is disqualified from assuming or being a candidate for an elected office if:
(1) the person gave or offered a bribe, threat, or reward to procure the person's election, as provided in Article 2, Section 6 of the Constitution of the State of Indiana;
(2) the person does not comply with IC 5-8-3 because of a conviction for a violation of the federal laws listed in that statute;
(3) in a:
(A) jury trial, a jury publicly announces a verdict against the person for a felony;
(B) bench trial, the court publicly announces a verdict against the person for a felony; or
(C) guilty plea hearing, the person pleads guilty or nolo contendere to a felony;
(4) the person has been removed from the office the candidate seeks under Article 7, Section 11 or Article 7, Section 13 of the Constitution of the State of Indiana;
(5) the person is a member of the United States armed forces on active duty and prohibited by the United States Department of Defense from being a candidate;
(6) the person is subject to:
(A) 5 U.S.C. 1502 (the Little Hatch Act); or
(B) 5 U.S.C. 7321-7326 (the Hatch Act);
and would violate either federal statute by becoming or remaining the candidate of a political party for nomination or election to an elected office or a political party office; or
(7) the person is a nonjudicial court employee who would violate Rule 4.6 of the Indiana Code of Judicial Conduct by being the candidate of a political party for nomination or election to an elected office or a political party office.
(e) The subsequent reduction of a felony to a Class A misdemeanor under IC 35 after the:
(1) jury has announced its verdict against the person for a felony;
(2) court has announced its verdict against the person for a felony; or
(3) person has pleaded guilty or nolo contendere to a felony;
does not affect the operation of subsection (d).
Cite this article: FindLaw.com - Indiana Code Title 3. Elections § 3-8-1-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-3-elections/in-code-sect-3-8-1-5.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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