Updated: Thursday, 22 Jan 2009, 6:15 PM EST
Published : Thursday, 22 Jan 2009, 6:15 PM EST
TERRE HAUTE, Ind. (WTHI) - The future of the mayor's office is now in the hands of the Indiana Supreme Court.
Former Terre Haute Mayor Kevin Burke and current Mayor Duke Bennett's attorneys have filed their final legal briefs, asking the high court to hear the case.
Bennett's asking for more than just to stay in office, he's asking for new guidelines for candidates. Explaining, smaller communities shouldn't necessarily be subject to the Hatch Act.
"That dilemma is going to decrease the number of qualified and willing Hoosiers who run for political office, that's not good for this state," Bryan Babb, Bennett's attorney said.
Burke's legal team said the issue isn't new legislation rather who should be the mayor.
"We're concerned Mr. Bennett wants the court to rewrite the law, we think the law is very clear and simple, unfortunately it means he shouldn't have run for office, let alone hold the office," Ed Delaney, Burke's attorney said.
Both sides are hopeful the highest state court will hear the case. If they do hear the case, it may be a long process before a decision is made. If they don't a special election will decide.
No one knows when the Supreme Court will make a decision on hearing the case.