CROWN POINT | Merrillville Town Councilman David Uzelac's name will not be on the May 8 primary ballot, a Lake County judge ruled Wednesday.
Lake Circuit Court Judge Lorenzo Arredondo issued an order instructing the Lake County Board of Elections to declare Uzelac as ineligible to run for office, to reject his declaration of candidacy and to remove his name from the ballot.
The ruling was prompted by a political opponent's court challenge to Uzelac's candidacy because of the incumbent's past criminal record.
On April 9, Arredondo heard testimony from Uzelac and opponent and Merrillville firefighter Tom Goralczyk but tabled a decision until Wednesday.
Goralczyk had no comment upon learning of the decision, but his attorney, Stanley Jablonski, was jubilant.
"I've never had a case so cut and dried. ... We're very pleased the court followed the law. A convicted felon should not be a leader in government," Jablonski said.
Neither Uzelac nor his lawyer, Michael Bosch, could be reached for comment by The Times Wednesday.
Uzelac, 43, who has served on the Town Council since 1998, pleaded guilty more than two decades ago to the Jan. 1, 1984, theft of cash from the former Captain D's restaurant on U.S. 30 in Merrillville.
A loophole in 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. An Indiana law passed in 2005 closed the loophole.
And Goralczyk filed an objection to Uzelac's re-election campaign earlier this year based on the altered law.
The county elections board refused Goralczyk's challenge last month, claiming the new law was unconstitutional, but Goralczyk appealed the matter to Arredondo's court.
Lake County election board lawyer David Saks said the decision to remove Uzelac's name won't be contested by the local board, but Uzelac has a right to appeal his case.
The race for the Merrillville Town Council fifth ward race is now between two Democrats: Louis Mark Varela and Goralczyk. There are no Republican challengers for the seat.
