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Loophole could benefit former lawmaker

Updated: September 20, 2012
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SPRINGFIELD -- A state lawmaker kicked out of office for federal bribery charges could get his old job back. Derrick Smith is running for reelection even though he was expelled from the General Assembly.

It's a very real possibility. He's currently leading in the polls against opponent Lance Tyson, by more than 30%.

It's something that's mind-boggling for many lawmakers who voted to kick him out of office. He's able to run since he hasn't actually been convicted.

In March, Smith was accused of taking a $7,000 bribe. Representative Adam Brown (R-Decatur), says it's frustrating Smith could get his old job back.

He's the first lawmaker in more than 100-years to be kicked out of the General Assembly. The polls don't necessarily mean he's going to win.

Experts say Tyson could make a comeback if he plays his cards right. If Smith does win, lawmakers can not kick him out again for the same allegations. He can only get booted if he's convicted on those federal bribery charges.

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