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LEBANON, Ind. (WISH) — Andrew Wilhoite has earned a spot on the general election ballot in November.

He will remain on the ballot until he is convicted of a felony, or he removes himself from the ballot.

On Tuesday night while the final votes were being tallied in the Boone County Courthouse, Wilhoite was in a cell at the Boone County jail.

A total 60 voters chose Wilhoite to become one of three members of the Clinton Township Board. In Indiana, township boards meet at least once a year to approve the township trustee’s budget.

Since Wilhoite has not been convicted of a crime, he can legally stay on the ballot.

Debbie Ottinger, the Boone County Republican Party chairwoman, told News 8 that Wilhoite can remove himself from the ballot.

“He can file a CAN-24 that is a state form that is called ‘notice of withdrawal’ if he would like to get off the ballot and just remove himself from the election process completely,” Ottinger said.

According to the Indiana Secretary of State’s election division, Wilhoite filed for office on Jan. 26. Just off two months later, he was arrested for the murder of his wife.

According to court records Elizabeth Wilhoite’s body was found in a creek a few miles from their home in rural Boone County.

Wilhoite comes from an active political family in Boone County. His mother serves on the County Council.

As a member of the Clinton Township Board, Wilhoite could expect a salary of $450 per year. The position is mostly ceremonial but nonetheless an elected position.

Ottinger said, “I will be honest with you. I think most people probably have … they are just now coming to the realization that obviously outside of Clinton Township that he was on the ballot and that he received those votes.”

If he is convicted of a felony between now and November, he would automatically be removed from the Nov. 8 general election ballot. No Democrats have filed for Clinton Township Board, so the three Republicans elected in the primary could take the seats by default.

I-Team 8 requested to talk to Wilhoite at the Boone County jail; he had not responded to the request by 4 p.m. Thursday.