News From Terre Haute, Indiana

Local & Bistate

November 30, 2007

Mayoral election recount to start Monday

Hatch Act hearing scheduled for Dec. 17

TERRE HAUTE — Although a local judge set a date Thursday to hear a challenge in the city’s mayoral race results, the Indiana Supreme Court may prevent that from ever happening.

Judge David Bolk of Vigo County Superior Court Division 3 set the trial for 1:45 p.m. Dec. 17 for Mayor Kevin Burke’s challenge of the election he lost to Mayor-elect Duke Bennett. Bolk also said the recount will start at 9 a.m. Monday.

But James Bopp Jr., Bennett’s attorney, on Thursday afternoon filed two mandate actions with the Indiana Supreme Court to overrule Bolk. Bolk earlier this week denied Bopp’s motions to dismiss Burke’s recount and election challenge petitions. Bopp had asked for the dismissal since the petitions left out Bennett’s middle initial, thus did not meet the legal requirement of having the candidate’s name as listed on the ballot.

“It’s fatal to the case because it’s jurisdictional,” Bopp said. “The court does not have jurisdiction over this matter unless it’s properly done.”

Bennett, director of operations for Hamilton Center Inc., a not-for-profit, defeated Burke by 107 votes in the election. But the Hatch Act, which Burke believes disqualifies Bennett, limits the political activity of employees of some not-for-profits that receive federal funding.

Burke attorney Ed DeLaney was working on a response to Bopp’s Supreme Court filings when contacted late Thursday afternoon. DeLaney said that Bennett’s side doesn’t want a recount or challenge, “and they want to stop Judge Bolk from doing that over the letter ‘A’.”

“They do not want to ever explain how Mr. Bennett complied with the Hatch Act,” DeLaney said. “There is no circumstance under which they are willing to answer that question.”

Bopp said that during the Thursday morning pre-trial conference, Galen Goode, Hamilton Center’s chief executive officer, testified in a deposition that Burke inquired through a third person about Bennett’s eligibility, and it was determined that Bennett did not violate the federal law.

He added there is a doctrine of latches, which means “you can’t sit on your rights.”

“When you have a claim like this claim, you can’t just wait around until after the election and you will benefit by raising it then by getting a four-year term after being defeated by the voters,” Bopp said, “as opposed to raising it in a timely way so that it can be dealt with. I mean, he’s gaming the system, big time.”

Burke, who did not attend the pre-trial hearing, confirmed Thursday afternoon that he made this inquiry in the “mid-to-late summer.” He said he received the response, though not in writing, that the Hamilton Center researched Bennett’s eligibility in 2003, and found that he did not violate the Hatch Act, which was the same opinion it took in 2007.

Burke initially told his campaign committee that the issue had been dropped. But the morning after Election Day, he received calls from supporters who were upset that Bennett conducted his victory party at Spectrum Industries, which Hamilton Center’s Web site reports is its rehabilitation division.

Burke also said that his supporters wouldn’t give up, and eventually he decided to make it part “of finalizing the election.”

“I didn’t take the first step until I knew I’d take the last step,” Burke said of the challenge, “and I knew this would be a fur ball, and I’m not the least bit surprised that my opponents want this to be about me, and not their actions. That’s pretty consistent.”

Based on the information, though, Bopp said during the conference that he wanted to question Burke for a deposition. He said afterward that the attorneys also agreed to depositions for Burke, Bennett and two other Hamilton Center employees, and to finish Goode’s deposition.

Bennett declined to comment Thursday morning as he walked out of the Vigo County Courthouse.

Bopp said that events will continue as scheduled until, and if, the Indiana Supreme Court overturns Bolk’s decision. Bopp said a decision could come as soon as a week.

In Goode’s deposition, Burke’s attorneys had requested several different kinds of documentation.

DeLaney said that the cooperation level has been high, and that “fundamentally” they are receiving the desired information.

“I feel better after the deposition than I did before…,” DeLaney said.



Austin Arceo can be reached at (812) 231-4214 or austin.arceo@tribstar.com.

Text Only | Photo Reprints
Local & Bistate
Latest News
Multimedia

Like us on Facebook!
Community Calendar
Loading…
Events by eviesays.com
TribStar.com Poll
Join the Conversation
Helium
Front page
AP Video
Bacteria Keep Swimmers Off Some Fla. Beaches Raw Video: Israeli Embassy Car Attacked Coroner: Don't Know Houston's Cause of Death Yet Police: Houston Found Under Water, Unconscious Raw Video: Whitney Houston's Last Performance Valentine Greetings Sent Worldwide From Loveland Sandusky Can See Grandkids, Have Local Jury Greek Austerity Measures Spark Riots Reaction to Houston's Death at Clive Davis Party Raw Video: Obama Budget Goes to Capitol Hill Obama Unveils $3.8 Trillion Budget Arab League Wants U.N. Help in Syria 'Rumor Has It' Adele's Rolling in the Grammys Nordic Festival Puts North Korea in Spotlight ShowBiz Minute: Houston, Grammys, BAFTAs Grohl, Grammy Nominees Cut Up on the Red Carpet Whitney Houston's Church Mourns Her Passing 'The Artist' Triumphs at the BAFTAs Pop Music Superstar Whitney Houston Dies at 48 Stars Share Heartfelt Whitney Houston Memories
NDN Video
Scarlett Johansson's Bikini P-D-A Kissing contest heats up Adele's First 'Vogue' Cover! Jacqueline Kennedy's personal papers released Romijn's 60 Pound Weight Loss Raw Video: Houston Body Flown From L.A. to N.J. Arm Wrestler Not Guilty Plea in Wife's Death Did Tyler Perry Have a Secret Wedding? Facebook Parenting: Father Posts Video Responding to Daughter's Post Police: Houston Found Under Water, Unconscious Gregoire: Marriage Equality Is Right for Wash. 'Bachelor' Free Falls into the Ocean Rosenthal: A's sign Cespedes Bobby Brown on Houston's Death Sandusky Can See Grandkids, Have Local Jury Adele's revealing "60 Minutes" interview Apple of their eye at $500 a share Exclusive Video: Bobbi Kristina Leaving Hospital Turkey's first face transplant Obama Unveils $3.8 Trillion Budget
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
  • -

    March 12, 2010

activity
Real Estate News