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IN HB1582

Bill

Status

Introduced

1/23/2017

Primary Sponsor

Melanie Wright

Click for details

Origin

House of Representatives

2017 Regular Session

AI Summary

House Bill 1582 Summary

  • Establishes a legal cause of action to remove an elected official who assumes office in violation of felony disqualification statutes under IC 3-8-1-5.

  • Allows prosecuting attorneys or voters in an affected election district to file an information in court to challenge an ineligible person holding elected office.

  • Permits persons with felony convictions (unless pardoned, reversed, vacated, or expunged) to be removed from office if they unlawfully assumed the position.

  • Courts must issue orders to vacate office, name the rightful officeholder or declare a vacancy, and require the removed person to pay court costs and reasonable attorney's fees.

  • Effective upon passage with an emergency declaration.

Legislative Description

Unlawfully holding a public office. Establishes a cause of action to remove from elected office a person who assumes the office in violation of the statute that prohibits a person who has been convicted of a felony from being a candidate for or assuming an elected office.

Last Action

First reading: referred to Committee on Elections and Apportionment

1/23/2017

Committee Referrals

Elections and Apportionment1/23/2017

Full Bill Text

No bill text available