Ruling Pending In Terre Haute Mayor's Race

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(TERRE HAUTE) - A ruling isn’t expected before Thursday in Terre Haute Mayor Kevin Burke’s bid to reverse his reelection loss.

A Vigo County judge heard arguments Tuesday on burke's claim that Republican mayor-elect Duke Bennett is ineligible to serve because his employer, Hamilton Center, receives federal funds from the Head Start program. The Hatch Act says employees of agencies receiving federal funds can't hold political office.

Bennett's attorney James Bopp says Head Start makes up about two-percent of Hamilton Center's work, and says past court rulings have said a "casual connection" to federal money isn't enough to bring the law into play.

Even if the law does apply, Bopp says burke should have brought it up earlier. He notes Burke could have raised the issue as early as 2003, when Bennett lost his first run against the Democratic mayor.

And Bopp says if there is a violation, it's up to the federal office of special counsel to decide that, not a court.

The hearing on the challenge was pushed back a day after Bopp used that argument to move the case to a federal court. Hours later, U.S. District Judge Sarah Evans Barker sent the case right back, saying her court has no jurisdiction.

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