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Friday, November 30, 2007

Ind. Gov't. - Even more on: "Terre Haute Mayor Kevin Burke has thrown opponent Duke Bennett’s eligibility to be mayor into question"

Updating this ILB entry from Nov. 28th, about the Terre Haute mayoral challenge suit, where the Ann and Ed DeLaney Indianapolis law firm represents the challenger, and James Bopp, Jr. represents Mayor-elect Duke Bennett, Austin Arceo reports in the Terre Haute Trib-Star:

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.”

Here is an AP story, based on Trib-Star information:
TERRE HAUTE, Ind. (AP) -- An attorney is asking the Indiana Supreme Court to overrule a judge who ordered a recount and a trial on a challenge in Terre Haute's mayoral race. * * *

Bennett's attorney, James Bopp Jr., this week asked Bolk to throw out the recount request and the election challenge on a technicality.

Bopp argued that the paperwork did not include Bennett's full name - including his middle initial - as it appeared on the ballot as required by law. But Bolk denied his motions, and Thursday Bopp asked the state Supreme Court to intervene.

"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." * * *

Attorney Ed DeLaney, who represents Burke, 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."

Posted by Marcia Oddi on November 30, 2007 09:34 AM
Posted to Indiana Courts | Indiana Government