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Last updated on Wednesday, November 28, 2007
(TERRE HAUTE) - Lawyers for Terre Haute Mayor Kevin Burke and mayor-elect Duke Bennett meet in court tomorrow to discuss what comes next in Burke’s lawsuit to invalidate his election loss.
Burke has filed for a recount of his 107-vote loss. A judge has appointed a recount commission to oversee a hand count of 12-thousand optical-scan ballots.
No date has been set for that count to begin, but state law requires it to conclude by December 20.
But Burke has also sued, claiming Bennett was ineligible to run in the first place because of a federal law prohibiting political activity by recipients of federal funds. Bennett's employer, Hamilton Center, Incorporated, receives federal head start money.
Attorney Jim Bopp argues that doesn't disqualify Bennett because he had no responsibility for how that money is spent. Bopp contends Burke is legally barred from raising the issue because he never spoke up until after the election.
He notes Bennett lost a first run against Burke four years ago, and no one raised the issue of his employment then.
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