Indiana: Terre Haute mayoral election approved even though winning candidate was violating Hatch Act
The Tribune Star reports: The battle for Terre Haute City Hall continues with the latest shots coming from Mayor Duke Bennett’s legal team.
Lawyers for Bennett filed a new appeal with the Indiana Court of Appeals this week asking the court to overturn Vigo Circuit Court Judge David Bolk’s Dec. 21 ruling that Bennett was subject to the Hatch Act while he was running for mayor.
Former Mayor Kevin Burke, who lost the Nov. 6 election to Bennett by 110 votes, earlier had appealed another part of Bolk’s ruling. Burke appealed the part that allowed Bennett to take office because he was no longer in violation of the Hatch Act when he took office on Jan. 1. ...
Burke contended that Bennett should not have been eligible to run for mayor because he worked as director of operations at the Hamilton Center, a not-for-profit mental health organization that receives federal funding through its Head Start program. The Hatch Act is a federal law that limits the political activity of employees of some not-for-profits that receive federal money.
In December, Bolk ruled Bennett was indeed subject to the Hatch Act; however, Bolk also ruled that Bennett would no longer be in violation of the Act when he took office as mayor. As a result, Bennett took office as mayor. In his ruling, Bolk also noted other avenues had existed for challenging Bennett’s candidacy before Election Day. -- Bennett’s lawyers file new Hatch ruling appeal