Remember the controversy that arose after last year's mayoral election in Terre Haute? Republican Duke Bennett won the contest, but questions arose as to whether his employment in a non-profit that received federal funds violated the Hatch Act.
I lost sight of the legal scuffle that followed, foolishly assuming it had been swept under some rug. As it turns out, the battle was ongoing, and today the Indiana Court of Appeals ruled that the Republican mayor of Terre Haute was not eligible to run last year.
A news conference has been called for 4 p.m. today in the mayor's office in city hall, following an Indiana Court of Appeals 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.
As of 11 a.m., Bennett remained in his office in a closed-door meeting with staff members and was unavailable for comment.
City attorney Chou Il-Lee said today he may ask for a stay of the ruling. He and Bill Lower, board of works and safety president and city legal adviser, said they remain uncertain of who would fill the mayor's vacancy on an interim basis under state law.
The Indiana Law Blog points us to the decision, which outlines what could happen next.
Because Burke has standing to contest the election and Bennett is ineligible, we conclude that a vacancy exists. In light of this conclusion, we direct the parties' attention to Ind. Code §§ 3-10-8, which govern special elections. See Ind. Code § 3-10-8-1 ("A special election shall be held in the following case: . . . . (4) Whenever a vacancy occurs in any local office the filling of which is not otherwise provided by law."). We order the trial court to issue a writ of election pursuant to Ind. Code § 3-10-8-3.
For the foregoing reasons, we reverse the trial court's denial of Burke's petition contesting the election for mayor of Terre Haute, and remand for proceedings consistent with this opinion. Reversed and remanded.
Wow. Assuming nothing changes, and there is a special election, we could be looking at a surprise pick-up of a mayoral office that should have been ours anyway.
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