(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).
Source
Pre-1986 Recodification Citation: Ind. Const. Art. 2, § 6.
History
Amended by
P.L.
193
-
2021
,
SEC.
16
, eff.
7/1/2021
.
Amended by
P.L.
142
-
2020
,
SEC.
3
, eff.
7/1/2020
.
Amended by
P.L.
74
-
2017
,
SEC.
20
, eff.
7/1/2017
.
Amended by
P.L.
181
-
2014
,
SEC.
1
, eff.
3/26/2014
.
As added by
P.L.
5-1986
,
SEC.
4
. Amended by
P.L.
3-1987
,
SEC.
82
;
P.L.
4-1991
,
SEC.
32
;
P.L.
3-1993
,
SEC.
54
;
P.L.
3-1997
,
SEC.
114
;
P.L.
176
-
1999
, SEC.26; P.L. 113-2005, SEC.1; P.L. 37-2008, SEC.1.