Judge: Bennett Violated Hatch Act, But That's OK

[PVnRT]

Terre Haute Tribune-Star

Former Terre Haute Mayor Kevin Burke is appealing a court ruling that allowed for Mayor Duke Bennett to take office this week.

Attorneys for Burke on Thursday filed a notice of appeal with Vigo County Superior Court Division 3, which states that the case will head to the Indiana Court of Appeals.

Judge David Bolk ruled on Dec. 21 that, while Bennett was subject to a federal law that limits political activity, state law did not prevent Bennett from taking office as Burke contended.

“Judge Bolk found that my opponent had violated the Hatch Act, but that there is apparently no remedy for that under his interpretation of Indiana law,” Burke said in an e-mailed statement.

Justice in Indiana...

[LiberalFighter]

1. Dumbass judge

IC 3-8-1-5
Disqualification of candidates
Sec. 5. (a) This section does not apply to a candidate for federal office.
- - (b) As used in this section, "felony" means a conviction in any jurisdiction for which the convicted person might have been imprisoned for at least one (1) year. However, the term does not include a conviction:
- - - - (1) for which the person has been pardoned; or
- - - - (2) that has been:
- - - - - - (A) reversed;
- - - - - - (B) vacated;
- - - - - - (C) set aside; or
- - - - - - (D) not entered because the trial court did not accept the person's guilty plea.
- - (c) A person is disqualified from assuming or being a candidate for an elected office if:
- - - - (1) the person gave or offered a bribe, threat, or reward to procure the person's election, as provided in Article 2, Section 6 of the Constitution of the State of Indiana;
- - - - (2) the person does not comply with IC 5-8-3 because of a conviction for a violation of the federal laws listed in that statute;
- - - - (3) in a:
- - - - - - (A) jury trial, a jury publicly announces a verdict against the person for a felony;
- - - - - - (B) bench trial, the court publicly announces a verdict against the person for a felony; or
- - - - - - (C) guilty plea hearing, the person pleads guilty or nolo contendere to a felony;
- - - - (4) the person has been removed from the office the candidate seeks under Article 7, Section 11 or Article 7, Section 13 of the Constitution of the State of Indiana;
- - - - (5) the person is a member of the United States armed forces on active duty and prohibited by the United States Department of Defense from being a candidate; or
- - - - (6) the person is subject to:
- - - - - - (A) 5 U.S.C. 1502 (the Little Hatch Act); or
- - - - - - (B) 5 U.S.C. 7321-7326 (the Hatch Act);
and would violate either federal statute by becoming or remaining the candidate of a political party for nomination or election to an elected office or a political party office.
- - (d) The reduction of a felony to a Class A misdemeanor under IC 35-50-2-7 or IC 35-38-1-1.5 does not affect the operation of subsection (c)

[LiberalFighter]

2. The penalty is prescribed

Shall be disqualified from office