Andrew Wilhoite, from Indiana, was charged with murdering 41-year-old Elizabeth Wilhoite after he admitted that he struck her over the head with a concrete flower pot during an argument and then dumped her body over a bridge.
Wilhoite was not taken off the ballot because he is yet to be sentenced. A confession does not necessarily equal to a conviction, so until Wilhoite’s trial he is considered to be only an alleged murderer. Indiana law allows people facing felony charges to run for office: he will only be declared ineligible if and when he is convicted.
“Under our legal system, every person is innocent until proven guilty,” Brad King, co-director of the Indiana Election Division told IndyStar. “If a candidate is ultimately convicted, then depending upon the timing of that conviction, the person can be replaced on the ballot by the political party that has a vacancy.”
There are three spots open for the Clinton Township Board that Wilhoite will run for, and only three candidates ran for the position, so Wilhoite, who received 80 votes, won the spot by default. There are no democrats running to challenge him or the other candidates in the November election.
However, Indiana election laws allow parties to fill a vacancy on the general ballot after a lack of primary candidates by holding a caucus by July 3. Independent or minor party candidates also have until June 23 (Libertarian Party) or June 30 (all other minor parties or independent candidates) to present their paperwork to get on the general ballot.
If Wilhoite’s trial goes past the November election, it is possible he will be elected while in jail. There is no law preventing him from fulfilling his duties while awaiting trial, but the practicalities are unclear. His trial is scheduled for August 29, but it may be pushed back.
Nikki Wilhoite was reported missing on March 25 after she failed to show up for work. The mother-of-two had just completed her last round of chemotherapy.
Andrew Wilhoite first told police that he and his wife had an argument over his extramarital affair and that she left the house before he saw her that morning. After further questioning and finding his wife’s blood in their room, the man asked to speak to a lawyer. A short time later, he confessed and told police where to find her body.
If convicted, Wilhoite faces 40-65 years in prison.