Ind. Supreme Court rules, sides react

TERRE HAUTE, Ind. (WTHI) - The ruling from the Indiana Supreme Court on the case of Terre Haute Mayor Duke Bennett and former mayor Kevin Burke came down Tuesday.

The case goes back to the 2007 Terre Haute mayoral election. In November 2007, the Indiana Court of Appeals ruled that Bennett was ineligible for office because of his employment at the Hamilton Center.

The Indiana Supreme Court ruled that while Bennett may have been in violation of the Little Hatch Act, the issue was not brought forward until after the election. The ruling also said the act applied to a candidate for office, so once Bennett won, the act no longer applied.

The two sides presented their oral arguments to the Indiana Supreme Court on May 28.

"We appreciate that they brought it down quickly. Of course, we're shocked and surprised. This is not only a disappointment for me, but for the friends and supporters that I've had and worked so hard through this," Burke said. "A lot of people I'm sure thought I did all of this to stir up trouble. No this was to settle a question of what was right and wrong and I don't think we've been successful, but then I have no regrets. I feel like I've done all that is required of me."

"From the very beginning I was doing this job and I continue to do it today, the obstacle's out of the way, it's off the table," Bennett said. "We need to make sure this doesn't happen again so if anybody has any issues about a candidate the time to bring it up is before an election."

The court's ruling also included the need to respect "the right of the people to free and equal elections.

"It doesn't make sense that you should be able to upset any election, let alone one of the largest municipal elections in the state based on a technicality," Bennett's attorney Bryan Babb said.

"From what I can tell, the decision was based upon the statute and didn't read the statute the way I did and that happens and we'll have to take a look at that and see what it means for the future. But we respect the court and I just wish it'd gone the other way," attorney for Burke, Ed Delaney said.

Burke now has 30 days to ask the state supreme court to hear the case again, or appeal it to the U.S. Supreme Court.