An Indiana man who was charged with murder in connection to the March death of his cancer-stricken wife as she was seeking a divorce won his township board primary election this week from jail and will be on the ballot in November if he is not convicted.

Republican candidate Andrew Wilhoite, 40, received 60 of the 276 total votes for Republicans for three positions on the Clinton Township Board, according to the Boone County election results.

During a domestic dispute, Andrew struck his wife Nikki Wilhoite, 41, in the head with a gallon-sized concrete flowerpot causing her to knock out, according to the Indiana State Police. He then put her in a vehicle and drove to a creek a few miles from their home and dumped her body there. The police found Nikki’s body on March 26 buried in about 3 feet of water.

Investigators found traces of blood in the couple’s home after Nikki failed to show up to work at a Zionsville oral surgeon’s office, according to court documents obtained by WTHR.

Nicki had completed her last chemotherapy treatment for breast cancer and was seeking a divorce after she found out that Andrew had been having an affair, according to The Lebanon Reporter. Court records show that Nikki had filed for divorce on March 17. They had been married for 12 years and have three children together.

He has been incarcerated in the Boone County Jail since March without bond and online court record show that Andrew’s jury trial is expected to begin on Aug. 29. If he is convicted of a felony before the Nov. 8 general election, he would automatically be removed from the ballot. The local Republican primary race drew only three candidates, meanwhile no Democratic candidates filed for the Clinton Township Board.

“Under our legal system, every person is innocent until proven guilty,” said the co-director of the Indiana Election Division Brad King.