Burke v. Bennett bound for high court

TERRE HAUTE, Ind. (WTHI) - The future of the mayor's office heads to the State Supreme Court Thursday.

Now, Mayor Duke Bennett and former mayor Kevin Burke are taking their sides to the highest state court. Not only could the court decide who will take the office, but it could change the Mini Hatch Act.

The Mini Hatch Act states candidates for public office cannot work somewhere that receives federal funding. Bennett said the court needs to re-define the Mini Hatch Act, Burke said it should be enforced.

"It was never intended to apply to someone at my level that's fine but they need to clear that up so it applies or it doesn't apply," Bennett said.

"The legislators made a law and its very clear and concise and are we going to follow that law or not," Burke said.

While this will be their third court battle for the office, no matter what the State Supreme Court decides, either camp could take the case as high as the U.S. Supreme Court.

"I feel very strongly about this and we will continue to fight as long as we can fight," Bennett said.

"The federal level is not really an option that we see at all," Burke said.

While Bennett and Burke's attorneys will present their cases Thursday, a decision could take weeks, even months.

News 10 will be in Indianapolis Thursday morning for the hearing. You can follow the hearing live via our Web site or follow live updates on Twitter.com. The hearing starts at 10:05 a.m.