ILNews

Justices again deny election request

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court has denied for the second time in two months a request to get involved in a Terre Haute mayoral election dispute.

The justices sent notice Tuesday to attorneys that they won't bypass the Court of Appeals on a dispute resulting from the November election, when Republican Duke Bennett ousted incumbent Democrat Mayor Kevin Burke by about 110 votes.

The court had previously decided not to get involved in an issue about whether Vigo Superior Judge David Bolk had jurisdiction in the case of the recount petition's validity because of a missing middle initial. Bennett later won by a few additional votes and was sworn in at the start of the year.

But Burke had also challenged Bennett's candidacy on grounds that he'd violated the Hatch Act, a federal law limiting political activity of non-profits receiving federal money. Bennett had worked during his campaign for Hamilton Center Inc., which operated as an Early Head Start program and received a federal grant.

After the recount, Judge Bolk ruled in December that state law doesn't prevent Bennett from taking office and that any violation of the federal law was unintentional. Rather than go directly to the Indiana Court of Appeals, attorneys asked the state's highest court to intervene. But a docket entry Tuesday shows the justices denied that.

Indianapolis attorney Bryan Babb, who is representing Bennett, said the case now goes before the Court of Appeals and could take as long as two years to get through both appellate courts.

"I think it's fair to say that if they felt that Judge Bolk had got it wrong and that Mayor Bennett does not belong in office, then they would have accelerated this process and heard the case as soon as possible," Babb said.

Ed DeLaney is representing Burke.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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