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Indiana Statutes § 3-8-1-5 Disqualification of candidates

⤴ Up to Chapter 1: Qualifications for Candidates

Statute Text

(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.

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