DICKSON, J.
Duke Bennett became the Mayor of Terre Haute, Indiana, after defeating the incumbent, Kevin Burke, in the November 6, 2007 general election. On November 19, 2007, Burke filed this action to contest the election, asserting that Bennett was ineligible. Following a bench trial, the trial court rejected Burke’s challenge and declared Bennett elected as the qualified candidate who received the highest number of votes. The Court of Appeals reversed and remanded for a new election. Burke v. Bennett, 896 N.E.2d 505 (Ind. Ct. App. 2008). We granted transfer and now affirm the trial court’s confirmation of Bennett’s election as Mayor.
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The disqualification statute [Ind. Code § 3-8-1-5] provides two reasons why Burke cannot prevail in this election contest. First, as he is seeking to use the statute not to prevent Bennett’s candidacy but to prevent his assumption of office, the statutory disqualifiers are to be assessed as of the time the office is to be assumed. Among its supporting findings, the trial court found: “At the time of taking mayoral office, Bennett will no longer be employed at the Hamilton Center. Thus, when he is assuming office, he will no longer be employed by the Hamilton Center and, consequently, will not be subject to the Little Hatch Act.” Appellant’s App’x at 20. Burke does not contest this finding. Second, when as here an election victor’s Little Hatch Act involvement is being asserted to establish disqualification, the issue is not whether a successful candidate was subject to the Act or had been in violation of it when the candidate became or remained a candidate. Rather, it is whether the election winner is subject to the Act and whether he would violate it by becoming or remaining a candidate. This ground for disqualification requires proof that a person would, in the future, violate the Act by becoming or remaining a candidate. Clearly this disqualifier is inapplicable to establish ineligibility in a post-campaign election contest. From the time Burke filed his election contest action to Bennett’s anticipated assumption of the position of Mayor, it is undisputed that Bennett was no longer a candidate. From the undisputed facts, it was thus impossible for Burke to establish that Bennett “is subject to” and “would violate” the Little Hatch Act “by becoming or remaining” a candidate, the elements for disqualification under section (5)(c) of the disqualification statute, upon which Burke predicated his election contest.
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Transfer having been granted, we affirm the trial court’s judgment declaring Duke Bennett to be the qualified candidate who received the highest number of votes in the 2007 general election, and therefore the elected Mayor of Terre Haute, Indiana.
Shepard, C.J., and Sullivan, Boehm, and Rucker, JJ., concur.