{"data":{"id":"us-in/ic-3-8-1-5","jurisdiction":"us-in","citation":"IC 3-8-1-5","heading":"Disqualification of candidates","body":"Sec. 5. (a) This section does not apply to a candidate for federal office.\n(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.\n(c) A person is not disqualified under this section for:\n(1) a felony conviction for which the person has been pardoned;\n(2) a felony conviction that has been:\n(A) reversed;\n(B) vacated;\n(C) set aside;\n(D) not entered because the trial court did not accept the person's guilty plea; or\n(E) expunged under IC 35-38-9; or\n(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.\n(d) A person is disqualified from assuming or being a candidate for an elected office if:\n(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;\n(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;\n(3) in a:\n(A) jury trial, a jury publicly announces a verdict against the person for a felony;\n(B) bench trial, the court publicly announces a verdict against the person for a felony; or\n(C) guilty plea hearing, the person pleads guilty or nolo contendere to a felony;\n(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;\n(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;\n(6) the person is subject to:\n(A) 5 U.S.C. 1502 (the Little Hatch Act); or\n(B) 5 U.S.C. 7321-7326 (the Hatch Act);\nand 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;\n(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\n(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.\n(e) The subsequent reduction of a felony to a Class A misdemeanor under IC 35 after the:\n(1) jury has announced its verdict against the person for a felony;\n(2) court has announced its verdict against the person for a felony; or\n(3) person has pleaded guilty or nolo contendere to a felony;\ndoes not affect the operation of subsection (d).","path":["TITLE 3. ELECTIONS","ARTICLE 8. CANDIDATES","Chapter 1. Qualifications for Candidates"],"source_url":"https://iga.in.gov/ic/2026/Title_3.html#3-8-1-5","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-08T08:01:41Z","sha256":"7ea751d310e921638db8357d6800d08f71fd7d469fd2ee9f45588e24da5796ff","source_id":"us-in","stale":false,"prev":"us-in/ic-3-8-1-4","next":"us-in/ic-3-8-1-5.5"},"notice":"GroundRules: Original legal text. Not legal advice."}