Appeals court nullifies 2007 (Terre Haute, Ind.) mayoral election

[Newsjock]

Source: Terre Haute Tribune-Star

TERRE HAUTE — The Indiana Court of Appeals has declared the Terre Haute mayor’s office vacant and has ordered a Vigo County trial court to pursue a special election to fill that post.

However, attorneys studying the ruling question whether it will stand. An appeal is expected, and the Indiana Supreme Court could ultimately have the final say.

A news conference has been called for 4 p.m. today in the mayor’s office in city hall, following the Appeals Court ruling this morning in favor of former Terre Haute Mayor Kevin Burke who had challenged Republican Duke Bennett’s eligibility in the 2007 election.

The court by a 2-to-1 decision stated that Bennett was ineligible to take office and that Burke is not entitled to fill that post as a result of the ruling, because voters were unaware of Bennett’s ineligibility. Thus, the votes cannot be counted and the court ruled the office vacant.

... Lawsuits filed by Burke contended that Bennett should not have been eligible to run for mayor because he worked as director of operations at the Hamilton Center, a not-for-profit mental health organization that receives federal funding through its Head Start program. The Hatch Act is a federal law that limits the political activity of employees of some not-for-profits that receive federal money.



Read more: http://www.tribstar.com/local/local_story_318110047.html