There is no local or state law regarding elected officials being convicted of or pleading guilty to a misdemeanor having to step down from office.

“If the councilmember has pleaded guilty to a misdemeanor, there is no effect on his eligibility to continue to serve on the council,” said Robert Joyce with the N.C. Institute of Government.

If an elected official pleads guilty to a felony, he/she would become disqualified to continue in elective office under the North Carolina Constitution, Article VI, Section 8, which specifies that a person is disqualified for elective office if he/she “has been adjudged guilty of treason or any other felony against this State or the United States.”

Miller’s plea was in violation in violation of Title 7, United States Code, Section 2024 (b)(1), a misdemeanor. He was never arrested for the offense.

Miller’s sentencing date, which will occur in Asheville, has not yet been set. He faces a maximum of one year in prison, a probationary period of five years and a $250,000 fine, according to the U.S. District’s Attorney’s Office.

Miller was the high vote-getter in Tryon during the 2011 election and won a four-year term. He will be up for re-election in 2015. Miller has served as a Tryon councilman since 2003 and currently serves as mayor pro-tem.