INDIANAPOLIS | A region legislator has begun work to correct a defective state law that has allowed Lake County Councilman Will Smith Jr. to remain in office two months after being found guilty of tax fraud.

A 2005 law was inspired by a trio of East Chicago officials who refused to step down after their conviction in the infamous sidewalks-for-votes scandal. It was intended to force politicians out of office as soon as they're found guilty of a felony. But another measure that went on the books that year contained contradictory language that has left prosecutors powerless to remove Smith.

State Sen. Frank Mrvan, who sponsored the ill-fated 2005 law, said Thursday he has spent the past two weeks drafting legislation to fix the problem. The Hammond Democrat said there's no reason to allow tarnished politicians to stick around, collecting salary and benefit, while they're waiting to be sentenced.

"It's the same old nonsense that happened in 2005, with the East Chicago people," Mrvan said. "I'm just angry. It's not fair that someone else found guilty is going to continue (in office). He forfeited that right when he became a felon and he stole from the poor. And he should not stay in office while he's waiting for sentencing."

A federal jury in late September found Smith and two other men guilty of filing false tax returns that failed to report a combined $150,000 in "finder fees" they reaped for arranging the $200,000 sale of a vacant grocery store to the scandal-toppled Gary Urban Enterprise Association.

Indiana Attorney General Steve Carter and Lake County Prosecutor Bernard Carter called for Smith to resign Wednesday. But Smith has resisted the intensifying efforts to shame him out of office, saying he won't step down until after he is sentenced on Jan. 9.

"Until that time, I'm not a convicted felon," Smith said Thursday. "I am county councilman and I am a citizen, and I've got personal problems in court. So why should I acquiesce to people who want to make those kind of statements?"

The General Assembly returns to session Jan. 8, so it's unlikely Mrvan's legislative effort would eject Smith before he is sentenced. Mrvan said the legislation will stipulate that, going forward, elected officials must resign as soon as they plead no contest to a felony or are found guilty by a judge or jury.

The legality of Smith's continued service has come under increased scrutiny as the County Council prepares for a final vote to impose a local income tax. Smith, who supports the 1 percent tax, said county attorneys have assured his vote would withstand a lawsuit.

"I'm not sitting here illegal. And all of the action that I undertake and my vote, from the council's standpoint, is legal action," he said. "There's no way that the attorneys that represent (Lake County) -- Ray Szarmach and John Dull -- are going to allow that to happen if it wasn't factual."