Comments on Advance Indiana™: Constitutional Prohibition Doesn't Stop Double-Dipping

I understand the issue. Maybe the elected office ...

2007-06-07T09:35:00.000-05:00

I understand the issue. Maybe the elected office should have nothing to do with the entity the person works for. This would mean university employees, state employees, etc. could not seek state office. Police, fire, parks, etc. could not seek local office.

I believe that's the reason I said the statute sho...

2007-06-06T19:46:00.000-05:00

I believe that's the reason I said the statute should be challenged, Wilson, because the statute can't trump the constitution.

How can a statute circumvent an express Constituti...

2007-06-06T19:14:00.000-05:00

How can a statute circumvent an express Constitutional provision?

I agree it's not a "lucrative office". That wasn't...

2007-06-06T18:54:00.000-05:00

I agree it's not a "lucrative office". That wasn't the issue I was raising, which was whether a person executing powers in the executive branch could also hold a legislative position at the same time. That is clearly what Article III, section 1 is meant to prevent, but which has been circumvented by statute.

IANAL but it's always been explained to me that th...

2007-06-06T18:44:00.000-05:00

IANAL but it's always been explained to me that the no two lucrative offices clause meant a person couldn't hold two or more elective offices simultaneously.

Another kicker might be the word "deputy" which implies the person has the deputized powers of an elected official. It's one thing to be a clerk in a sheriff's office, it's quite another to be a deputy sheriff.