Burke v. Bennett

OPINION

BROWN, Judge.

Kevin Burke appeals the trial court’s denial of his petition contesting the election of Duke Bennett for mayor of Terre Haute. Burke raises one issue, which we revise and restate as:

I. Whether Bennett was ineligible under Indiana’s election contest statutes; and

II. Whether Burke must be declared elected pursuant to Ind.Code § 3-12-8-17.

On cross appeal, Bennett raises one issue, which we revise and restate as whether Bennett was subject to the Little Hatch Act, 5 U.S.C. § 1502.1 We reverse and remand.2

The relevant facts follow. In September 2005, Bennett began working full…