CROWN POINT A judge could decide as early as next week whether to strike Merrillville Town Councilman David Uzelac's name from the May 8 primary ballot.

Lake Circuit Court Judge Lorenzo Arredondo heard testimony Monday from Uzelac and his opponent, Merrillville firefighter Tom Goralczyk, who is challenging Uzelac's right to run for re-election because of a criminal past.

Uzelac, who has served on the Town Council since 1998, pleaded guilty two decades ago to the Jan. 1, 1984, theft of cash from the former Captain D's restaurant on U.S. 30.

State law at the time permitted Uzelac to hold public office because the sentencing judge in his case reduced his crime from a felony to a misdemeanor.

A law passed in 2005 closed this loophole. Goralczyk filed an objection to Uzelac's re-election earlier this year, based on this new law.

The county elections board refused Goralczyak's challenge last month on grounds the new law is unconstitutional.

Goralczyk is appealing the matter to Arredondo's court.

The 43-year-old Uzelac testified Monday he was only "a child" and unfamiliar with the consequences when he took his attorney's advice and pleaded guilty 23 years ago.

Merrillville attorney Stanley Jablonski asked incredulously, "You were a child?"

Uzelac corrected himself. "I was a young adult," Uzelac said.

Uzelac's attorney, Michael Bosch, argued the law was a vindictive attack on Uzelac by the Indiana General Assembly in retaliation for Uzelac running unsuccessfully against state Rep. Chet Dobis, D-Merrillville.

Lake County election board lawyer David Sak argued it is unfair to punish Uzelac now for a crime in the past.

"It's not within the American spirit to change the rules after the game has begun," Sak said.

Arredondo gave attorneys for all sides seven days to put their arguments into writing. Sak asked the judge to rule by April 17.