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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:
(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; or
(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 June 08, 2021 | https://codes.findlaw.com/in/title-3-elections/in-code-sect-3-8-1-5.html
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