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.]
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; P.L.181-2014, SEC.1; P.L.74-2017, SEC.20; P.L.142-2020,
SEC.3; P.L.193-2021, SEC.16; P.L.240-2025, SEC.16.
Notes of Decisions
Cited in
9
cases, 1993–2020 · leading case:
Patterson v. Dykes, 804 N.E.2d 849 (Ind. Ct. App. 2004).
Patterson v. Dykes, 804 N.E.2d 849 (Ind. Ct. App. 2004).
· cites it 8× “That pursuant to [I.C. § 3-8-1-5(b) ] on November 5, 2002, [Patterson] was not eligible to be a candidate or to hold office in the State of Indiana.”
Burke v. Bennett, 907 N.E.2d 529 (Ind. 2009).
· cites it 6× “Ind.Code § 3-8-1-5(c). With exceptions not relevant here, the Little Hatch Act applies to the political activities of state and local government employees as well as people employed by a state or local agency "whose principal employment is in connection with an activity which is…”
White v. Indiana Democratic Party ex rel. Parker, 963 N.E.2d 481 (Ind. 2012).
· cites it 4× “See Ind.Code § 3-8-1-5(c)(1) (2005 & Supp.2011) (disqualification if "the person gave or offered a bribe, threat, or reward to procure the person's election"), -5(c)(3) (disqualification for felony convictions), -5(c)(4) (disqualification if "the person has been removed" from…”
Taylor v. State Election Bd. of the State of Indiana, 616 N.E.2d 380 (Ind. Ct. App. 1993).
· cites it 4× “In 1991, the Indiana General Assembly amended Ind.Code 3-8-1-5 to include subsection (8), so that a person is disqualified from holding or being a candidate for an elected office if the person has been convicted of a felony (as defined in IC 35-50-2-1).”
Burke v. Bennett, 896 N.E.2d 505 (Ind. Ct. App. 2008).
· cites it 58× “2005), which governs the disqualification of candidates and provides, in part: * * * * * (c) A person is disqualified from assuming or being a candidate for an elected office if: * * * * * (6) the person is subject to: (A) 5 U.”
Campbell v. Bd. of Sch. Commissioners, 908 N.E.2d 1234 (Ind. Ct. App. 2009).
· cites it 4× “at 531 (citing I.C. § 3-8-1-5(c)(6)). Accordingly, *1244 "[t]he point in time at which the statute's disqualifiers are to be assessed depends upon whether the challenger is using the statute to prevent another person from being a candidate or from assuming office.”
Buquer v. City of Indianapolis, 797 F. Supp. 2d 905 (S.D. Ind. 2011).
“, Ind.Code 3-8-1-5(b) (convictions that have been reversed, vacated, or set aside do not qualify for statute disqualifying a person convicted of a felony from assuming or being a candidate for elected office).”
John P. Hampton v. Audie Barber, 153 N.E.3d 1204 (Ind. Ct. App. 2020).
· cites it 12× “In that complaint, Barber alleged that Indiana Code Section 3-8-1-5(d) and (e) precluded any person who had been convicted of a felony from assuming or being a candidate for an elected office even if that Court of Appeals of Indiana | Opinion 20A-MI-143 | August 21, 2020 Page 2…”
Donald B. Kite, Sr. v. Alexandra Curlin, 139 N.E.3d 1113 (Ind. Ct. App. 2019).
· cites it 2× “§ 1502 ; Ind. Code § 3-8-1-5 (c)(6)). At the time the winning candidate assumed office, however, he was no longer employed in his prior position.”
Ind. Code § 3-8-1-5(8)(B): 1 case
Taylor v. State Election Bd. of the State of Indiana, 616 N.E.2d 380 (Ind. Ct. App. 1993).
“In 1991, the Indiana General Assembly amended Ind.Code 3-8-1-5 to include subsection (8), so that a person is disqualified from holding or being a candidate for an elected office if the person has been convicted of a felony (as defined in IC 35-50-2-1).”
Ind. Code § 3-8-1-5(b): 2 cases
Patterson v. Dykes, 804 N.E.2d 849 (Ind. Ct. App. 2004).
“That pursuant to [I.C. § 3-8-1-5(b) ] on November 5, 2002, [Patterson] was not eligible to be a candidate or to hold office in the State of Indiana.”
Buquer v. City of Indianapolis, 797 F. Supp. 2d 905 (S.D. Ind. 2011).
“, Ind.Code 3-8-1-5(b) (convictions that have been reversed, vacated, or set aside do not qualify for statute disqualifying a person convicted of a felony from assuming or being a candidate for elected office).”
Ind. Code § 3-8-1-5(c): 2 cases
Burke v. Bennett, 907 N.E.2d 529 (Ind. 2009).
“Ind.Code § 3-8-1-5(c). With exceptions not relevant here, the Little Hatch Act applies to the political activities of state and local government employees as well as people employed by a state or local agency "whose principal employment is in connection with an activity which is…”
Burke v. Bennett, 896 N.E.2d 505 (Ind. Ct. App. 2008).
“2005), which governs the disqualification of candidates and provides, in part: * * * * * (c) A person is disqualified from assuming or being a candidate for an elected office if: * * * * * (6) the person is subject to: (A) 5 U.”
Ind. Code § 3-8-1-5(c)(1): 1 case
White v. Indiana Democratic Party ex rel. Parker, 963 N.E.2d 481 (Ind. 2012).
“See Ind.Code § 3-8-1-5(c)(1) (2005 & Supp.2011) (disqualification if "the person gave or offered a bribe, threat, or reward to procure the person's election"), -5(c)(3) (disqualification for felony convictions), -5(c)(4) (disqualification if "the person has been removed" from…”
Ind. Code § 3-8-1-5(c)(6): 4 cases
White v. Indiana Democratic Party ex rel. Parker, 963 N.E.2d 481 (Ind. 2012).
“See Ind.Code § 3-8-1-5(c)(1) (2005 & Supp.2011) (disqualification if "the person gave or offered a bribe, threat, or reward to procure the person's election"), -5(c)(3) (disqualification for felony convictions), -5(c)(4) (disqualification if "the person has been removed" from…”
Campbell v. Bd. of Sch. Commissioners, 908 N.E.2d 1234 (Ind. Ct. App. 2009).
“at 531 (citing I.C. § 3-8-1-5(c)(6)). Accordingly, *1244 "[t]he point in time at which the statute's disqualifiers are to be assessed depends upon whether the challenger is using the statute to prevent another person from being a candidate or from assuming office.”
Burke v. Bennett, 907 N.E.2d 529 (Ind. 2009).
“Ind.Code § 3-8-1-5(c). With exceptions not relevant here, the Little Hatch Act applies to the political activities of state and local government employees as well as people employed by a state or local agency "whose principal employment is in connection with an activity which is…”
Burke v. Bennett, 896 N.E.2d 505 (Ind. Ct. App. 2008).
“2005), which governs the disqualification of candidates and provides, in part: * * * * * (c) A person is disqualified from assuming or being a candidate for an elected office if: * * * * * (6) the person is subject to: (A) 5 U.”
Ind. Code § 3-8-1-5(d): 1 case
John P. Hampton v. Audie Barber, 153 N.E.3d 1204 (Ind. Ct. App. 2020).
“In that complaint, Barber alleged that Indiana Code Section 3-8-1-5(d) and (e) precluded any person who had been convicted of a felony from assuming or being a candidate for an elected office even if that Court of Appeals of Indiana | Opinion 20A-MI-143 | August 21, 2020 Page 2…”
Ind. Code § 3-8-1-5(d)(3)(C): 1 case
John P. Hampton v. Audie Barber, 153 N.E.3d 1204 (Ind. Ct. App. 2020).
“In that complaint, Barber alleged that Indiana Code Section 3-8-1-5(d) and (e) precluded any person who had been convicted of a felony from assuming or being a candidate for an elected office even if that Court of Appeals of Indiana | Opinion 20A-MI-143 | August 21, 2020 Page 2…”
Ind. Code § 3-8-1-5(e): 1 case
John P. Hampton v. Audie Barber, 153 N.E.3d 1204 (Ind. Ct. App. 2020).
“In that complaint, Barber alleged that Indiana Code Section 3-8-1-5(d) and (e) precluded any person who had been convicted of a felony from assuming or being a candidate for an elected office even if that Court of Appeals of Indiana | Opinion 20A-MI-143 | August 21, 2020 Page 2…”
Ind. Code § 3-8-1-5(e)(3): 1 case
John P. Hampton v. Audie Barber, 153 N.E.3d 1204 (Ind. Ct. App. 2020).
“In that complaint, Barber alleged that Indiana Code Section 3-8-1-5(d) and (e) precluded any person who had been convicted of a felony from assuming or being a candidate for an elected office even if that Court of Appeals of Indiana | Opinion 20A-MI-143 | August 21, 2020 Page 2…”
Ind. Code § 3-8-1-5(e)(6): 1 case
Campbell v. Bd. of Sch. Commissioners, 908 N.E.2d 1234 (Ind. Ct. App. 2009).
“at 531 (citing I.C. § 3-8-1-5(c)(6)). Accordingly, *1244 "[t]he point in time at which the statute's disqualifiers are to be assessed depends upon whether the challenger is using the statute to prevent another person from being a candidate or from assuming office.”
Ind. Code § 3-8-1-5(e)(6)(A): 1 case
Burke v. Bennett, 907 N.E.2d 529 (Ind. 2009).
“Ind.Code § 3-8-1-5(c). With exceptions not relevant here, the Little Hatch Act applies to the political activities of state and local government employees as well as people employed by a state or local agency "whose principal employment is in connection with an activity which is…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.