Current with legislation from 2024 Fiscal and Special Sessions.
Section 21-8-305 - Person convicted of public trust crime ineligible as candidate for office or to hold office(a) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime, he or she shall not:(1) File as a candidate for:(A) A constitutional office;(B) A county elected office; or(C) An elected office in a municipality, city, township, or other political subdivision of the state;(2) Run as a candidate for:(A) A constitutional office;(B) A county elected office; or(C) An elected office in a municipality, city, township, or other political subdivision of the state; or(3) Hold: (A) A constitutional office;(B) A county elected office; or(C) An elected office in a municipality, city, township, or other political subdivision of the state.(b)(1) The sealing of any public trust crime or any similar offense under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction shall not restore a privilege, eligibility, or qualification to file as a candidate for, run as a candidate for, or hold an elected office under this section.(2) A person who has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime that was sealed or expunged as described in subdivision (b)(1) of this section: (A) Upon inquiry, shall disclose the fact and nature of the crime which the person pleaded guilty or nolo contendere to or was found guilty of; and(B) Shall not publicly state or affirm under oath that the: (i) Conduct underlying the plea or finding did not occur;(ii) Record of the underlying plea or finding does not exist; or(iii) Person has not been convicted of a criminal offense.(3) If a person has pleaded guilty or nolo contendere to or has been found guilty of a public trust crime or similar offense that was sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or any sealing or expungement act in any jurisdiction, evidence of the plea, finding, and conduct underlying the plea or finding shall be admissible in a court of competent jurisdiction for an action concerning the person's filing for, candidacy for, or holding of an elected office.Amended by Act 2021, No. 540,§ 1, eff. 7/28/2021.Added by Act 2019, No. 894,§ 2, eff. 7/24/2019.