Ind. Supreme Court rules on mayor case

TERRE HAUTE, Ind. (WTHI) - The Indiana State Supreme Court has made a ruling on the case between Terre Haute Mayor Duke Bennett and former mayor Kevin Burke, stemming from the 2007 mayoral election.

The Indiana Supreme Court unanimously ruled in favor of Bennett. The court heard the case between Bennett and Burke on May 28.

The ruling means that Bennett will continue as mayor of the city. Burke can choose to appeal the decision, which would take the case to the U.S. Supreme Court.

After the 2007 election, Burke claimed Bennett was in violation of the Little Hatch Act, which would have made him ineligible as a candidate for office.

"From the time Burke filed his election contest action to Bennett's anticipated assumption of the position of Mayor, it is undisputed that Bennett was no longer a candidate," the opinion read.

The ruling explained that the minute Bennett was elected to the office, he was no longer a candidate. It would be impossible for the court to decide if his candidacy was in violation of the Little Hatch Act, because he already had the office.

Part of the ruling states:

"Duke Bennett became the Mayor of Terre Haute, Indiana, after defeating the incumbent, Kevin Burke, in the November 6, 2007 general election. On November 19, 2007, Burke filed this action to contest the election, asserting that Bennett was ineligible. Following a bench trial, the trial court rejected Burke's challenge and declared Bennett elected as the qualified candidate who received the highest number of votes. The Court of Appeals reversed and remanded for a new election. We granted transfer and now affirm the trial court's confirmation of Bennett's election as Mayor."