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; (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; or (8) the person is a full-time employee of the department of homeland security prohibited from participating in political activities under IC 10-14-3-26 . (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.]
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