Section 3-8-1-5 - Disqualification of candidates(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: (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).
Pre-1986 Recodification Citation: Ind. Const. Art. 2, § 6.
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.