No. 2006-4.

• Case Date: January 25, 2007
• Court: Indiana

Indiana Attorney General Opinions 2007. No. 2006-4. January 25,2007 STATE OF INDIANA OFFICE OF THE ATTORNEY GENERAL INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR 302 WEST WASHINGTON STREET. INDIANAPOLIS, IN 46204-2770 STEVE CARTER TELEPHONE (317) 232-6201 ATTORNEY GENERAL OFFICIAL OPINION 2006-4January 25,2007 Representative William CrawfordState of Indiana House of RepresentativesThird Floor, State House, Room 4A-2 Indianapolis, Indiana 46204 Representative Chester F. DobisState of Indiana Third Floor, State House Indianapolis, Indiana 46204 Re: Indiana Code Section 3-8-1-5 Regarding Disqualification from Assuming or Being a Candidate for Elected Office.Dear Representatives Crawford and Dobis: This letter responds to your request for a legal opinion regarding Public Law 113-2005 (SEA 18) and its amendments to Indiana Code section 3-8-1-5. That section of the Code sets forth grounds for the disqualification of candidates for and electees of specified elected offices.' (Amended section 3-8-1-5 is included as Attachment A). Brief Answers * Public Law 113-2005 became effective May 4,2005. * Section 3-8-1-5 applies only to newly elected officials who, upon oath, will assume the duties of office, and to candidates for an elected office. * Current lawful office holders with disqualifying felony convictions under amended section 3-8-1-5 are not required to vacate office, but are disqualified from being a candidate for reelection. * Section 3-8-1-5 applies to officials and candidates with any prior felony conviction, regardless of the actual offense. * A person who, as a juvenile, was convicted of a felony in adult court is disqualified under section 3-8-1-5; however, a person adjudicated to be a juvenile delinquent is not thereby disqualified from running for or assuming elected office. * Candidates and electees who have felony convictions that were pardoned, reversed, vacated, set aside or not entered are not disqualified under section 3-8-1-5. * A person whose felony charge is entered into judgment as, or converted to, a conviction for a Class A misdemeanor under Indiana Code section 35-50-2-7 or 35-38-1-1.5, is disqualified by section 3-8-1-5. Analysis I. Effective Date of the Public Law 113-2005: You asked what date Public Law 1 13-2005 became effective. Article 5, Section 14 of the Indiana Constitution states:

(a) Every bill which shall have passed the General Assembly shall be presented to the Governor. The Governor shall have seven days after the day of presentment to act upon such bill as follows:

(1) He may sign it, in which event it shall become a law.

Article 4, Section 28 of the Indiana Constitution states:

No act shall take effect, until the same shall have been published and circulated in the several counties of this State, by authority, except in case of emergency, which emergency shall be declared in the preamble, or in the body, of the law.

Indiana Code section 1-1-3-3 states that an act takes effect on July 1 following its enactment unless a different time is specified in the act. Public Law 113-2005 reads as follows:

Section 1. IC 3-8-1-5 IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE UPON PASSAGE] . . .

Section 2. IC 5-8-1-37 IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE UPON PASSAGE]: . . .

Section 3. An emergency is declared for this act. Public Law 113-2005 declared an emergency for the act and specified that it became effective upon passage. Therefore, Public Law 113-2005 became effective on May 4, 2005, when it was signed by the Governor. See generally Lohm v. State, 380 N.E.2d 561 (Ind. Ct. App. 1978). II. Application of Indiana Code section 3-8-1-5 to Incumbent Officeholders: You asked how the changes to section 3-8-1-5 affect incumbent office holders. Specifically, you asked: Does an incumbent office holder have to immediately vacate their current...