Comments on Advance Indiana™: Hancock County Coroner Resigns After Guilty Plea: Can She Still Run For Re-Election?

Gary, I agree with your analysis about the statute...

2012-08-23T10:10:27.582-05:00

Gary, I agree with your analysis about the statutes.

The disqualification statute takes into account th...

2012-08-23T08:45:47.246-05:00

The disqualification statute takes into account the fact that a felony can be reduced to a misdemeanor after the plea is entered; however, as I read the statute, that does not affect the operation of the disqualification to run for office provided by the statute.

I too am still puzzled, even shocked, about the wa...

2012-08-23T08:27:37.754-05:00

I too am still puzzled, even shocked, about the way the criminal case against Charlie White was "handled". It also would appear to me that Tamara Vangundy can run for reelection as coroner, and will probably be reelected.

The office of coroner is a constitutional office. ...

2012-08-23T07:13:03.216-05:00

The office of coroner is a constitutional office. The Indiana Constitution includes qualifications for those county constitutional offices, basically the only one being that you be a resident of the county for a year before being elected. There is an argument that you can't add to those qualifications by statute, you can only do so by constitutional amendment.

That in fact has been the courts' conclusion with regard to the federal constitution and federal offices. You can't, for example, add by statute the qualification that someone not be a felon to run for Congress or be an attorney to be a federal judge.

It's a gray area though to say the least and I wouldn't be surprised if there are cases on the other side regarding applying Indiana's felony rule to county candidates. And it was applied to Charlie White, and I'm sure the Secretary of State is a constitutional office as well. I'm surprised someone didn't argue the qualifications argument in White's case. Then again, there are a lot of things that I didn't understand about how that criminal case was handled, but I'm not an attorney. Oh, wait a second, I am.