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Friday, January 26, 2007

Ind. Law - Law addressing elibilitiy of convicted felon to run for office to be challenged

Deborah Laverty of the NWI Times writes today:

MERRILLVILLE | Town Councilman David Uzelac said he intends to fight for his right to run for another term despite a state legal opinion saying otherwise.

On Thursday, Uzelac filed with the Lake County election board his intent to run for the Town Council 4th Ward seat he has held since 1998.

At the same time, he also filed with the Lake County Circuit/Superior Court a 48-page injunction in the event someone challenges his right to run for office because of his 23-year-old felony theft conviction that later was reduced to a misdemeanor.

Uzelac's right to run for office is being challenged by state Rep. Chet Dobis, D-Merrillville, who said he asked for and received a legal opinion from Indiana Attorney General Steve Carter.

Here is a link to Official Opinion 2006-4 of the Attorney General, with a Jan. 25, 2007 cover letter. More from today's story:
The state law was amended in 2005 to address the eligibility of candidates and officeholders who have been convicted of a felony or who have had a felony conviction reduced to a misdemeanor.

In an opinion also released Thursday, Carter said, "The state statute is very clear in its intent and its language that people convicted of felonies cannot assume or run for public office, and they are disqualified from running if the felony is later reduced to a misdemeanor."

Uzelac disagrees.

"We all know this is an issue that stems back to when I was a dumb, young teenager of 19. I did something that was stupid, but I paid my debt to society. ... I'm 42 now, and it's continued to be held against me," he said.

He said he and his attorney are basing their argument on his constitutional rights.

"If you can vote, you can run. ... I'm not a convicted felon," he said. * * *

Uzelac faced a similar challenge in 1999, but a judge ruled then that Uzelac's guilty plea to the Jan. 1, 1984, theft of cash from the former Captain D's restaurant on U.S. 30 didn't disqualify him from public office because the crime had been reduced from a felony to a misdemeanor.

The ILB has had several past entries on variations to the theme - see this one from Jan. 14, 2005, and this one from Oct. 4, 2006.

Posted by Marcia Oddi on January 26, 2007 10:14 AM
Posted to Indiana Law