Mark Bennett

By Mark Bennett
The Tribune-Star

TERRE HAUTE, Ind.

In a legal sense, Cousin Eddie just showed up to spend the
holidays with Hauteans.
Surprised by Thursday’s Indiana Appeals Court ruling that — if it stands —
would nullify the 2007 Terre Haute mayoral election? Well, as Clark Griswold
once told Ed, “If I woke up tomorrow with my head sewn to the carpet, I
wouldn’t be more surprised than I am now.”
Then again, why wouldn’t we expect to find our noggins cross-stitched to the
beige Berber in the family room this morning? It’s only fitting that we’re
about to spend those festive days from Thanksgiving to New Year’s revisiting
that fun-filled campaign between Duke Bennett (most recently the current
mayor) and Kevin Burke (currently the former mayor). Visions of the
Democrats for Duke caroling through the neighborhoods may dance in our
pleated heads.
On Thursday, Bennett sounded clear-minded. The mayor emphasized he’s instead
focused on continuing the city’s business as usual, and hopes to see the
dispute resolved in the final stages of a process that started a year ago,
after the incumbent Burke lost to him by 110 votes. Following that bitter,
divisive campaign, Burke filed a lawsuit, insisting that his opponent had
been ineligible to run for mayor because Bennett’s job at a quasi-federally
funded entity, Hamilton Center, put him in violation of the Little Hatch
Act. Last December, a Vigo County judge ruled for Bennett, who then took
office in January. Now the Appeals Court thinks Burke was right and ordered
a special election. The Indiana Supreme Court could have the last word.
Yes, for Terre Haute, nothing is impossible in 2008.
Earthquake? Had one on April 18, registering 5.2 on the Richter scale.
Flood? The worst since 1913 hit June 7, causing record damage to homes,
roads, bridges and crops.
Economic catastrophes? Well, one of Vigo County’s most lucrative employers,
Pfizer, shut down its plant this year, erasing the jobs of nearly 800 people
overall. Then last month, our investment and retirement accounts began
evaporating as the U.S. economy imploded, triggering layoffs and
accelerating home foreclosures.
Star gazing? The next president of the United States, Barack Obama, spoke in
the 4-H barn at the Vigo County Fairgrounds, as well as a high school gym.
The former first lady and Obama’s Democratic presidential opponent, Hillary
Clinton, visited a local restaurant and another high school. The former
president, Bill Clinton, stopped to see his wife’s burned out headquarters
(yes, the city made national news for that, too) on his way to a nearby
campaign rally. The Clintons’ daughter, Chelsea, came, and former Cabinet
members, actors, policy advisers, governors of other states and ex-network
TV anchors all signed the Wabash Valley’s visitors’ guestbook this year, as
well as CBS, NBC, ABC, Fox, NPR, CNN, the Washington Post, New York Times
and other media from Australia to Italy.
Wayne Freakin’ Newton played a secret concert at the Indiana Theatre in
August, for cryin’ out loud.
And when Thursday arrived, we got treated to even more surprise, surprise,
surprise.
At one point, references to Indiana Code in the Appeals Court decision raised
questions about whether Bennett would have to vacate his seat and be
replaced by an interim. One passage in the law, referring to mayoral
vacancies in a “second class city” (a label based on our population, not our
prestige) states the job would fall to the deputy mayor. Terre Haute doesn’t
have one, so the next in line is the city controller. Bennett said he didn’t
discuss that possibility Thursday with city controller Leslie Ellis, whom he
appointed in January.
But he admitted that, “Yeah, she’s anxious about that, because a lot of
rumors have been running around about whether the City Council president
[currently Todd Nation] takes that position, [or] the city controller. And,
you know, there’s certain scenarios in those situations, and this one isn’t
like that because this isn’t a final ruling. If it’s a final ruling, end of
the day, you’ve got to figure out what you’re going to do. That’s not where
we’re at.”
OK, then, to paraphrase the late James Stockdale — Ross Perot’s 1992 running
mate — where are we?
We’ll have to follow the bouncing ball from one court to the other. Bennett’s
legal team could immediately request the Indiana Supreme Court hear the
case. Or they could ask the Appeals Court for a rehearing; if denied, they
could request it be heard by the Indiana Supreme Court. The state’s high
court could overturn the Appeals Court (in Bennett’s favor), affirm it (in
Burke’s favor) or decline to hear the case (in Burke’s favor). A finalized
ruling in support of Burke would trigger a special election, which the
Appeals Court ordered.
All of that could happen within the next two months.
Ho, ho, ho.
What better way to end this crazy, tumultuous, exhausting, unpredictable year
than with another — another — election.
“We’d have to go through that whole campaign process,” Bennett said, “dig out
the signs and go through that whole thing.”
Gosh, that sounds like a great idea.
Bennett then reminded a room full of reporters at a news conference Thursday
that the 2007 municipal election — albeit with a full slate of offices up
for grabs — cost the city $580,000 to conduct.
“The city’s already in a situation where we really can’t afford to do that,”
he said, “but, of course, we’ll do whatever the court rules. But my guess is
it’ll get resolved at another level here prior to having an election.
“But, you know,” he added, “who knows? Anything’s possible.”
Holy [crap]. Where’s the Tylenol?

Mark Bennett can be reached at mark.bennett@tribstar.com.