"The Indiana Supreme Court is being asked to consider the role a federal law plays in deciding who is Terre Haute’s current mayor and whether a special election is needed.
In a rare but not unprecedented move, both the winning and losing sides in the ongoing appeal want the state’s highest court to take the case, which presents an issue of first impression that will not only determine who is Terre Haute’s mayor but also has statewide implications for future Hoosier elections.
The transfer petitions filed Friday and Monday in Kevin D. Burke v. Duke Bennett, No. 84A01-0801-CV-2 follow a 2-1 decision on Nov. 12 from the Court of Appeals, which declared Terre Haute Mayor Duke Bennett was ineligible for that post because the federal Hatch Act had prevented him from being a candidate in 2007 or assuming office this year. The appellate court ordered a special election to resolve the dispute."
Duke Bennett is pictured above.
Original article: http://www.theindianalawyer.com/html/detail_page_Full.asp?content=02938