Published: November 17, 2008 11:12 pm         

Ex-mayoral hopeful steps into election fray

John Cunningham says he should be declared winner of 2007 GOP primary

TERRE HAUTE — A former candidate for mayor of Terre Haute has thrown a new kink in the recent upheaval regarding a legal ruling that invalidated the current mayor’s candidacy.

John Cunningham, who ran against Mayor Duke Bennett during the 2007 Republican primary, has issued a statement claiming that he won the primary, based on a court ruling Nov. 12 from the Indiana Court of Appeals that Bennett was ineligible to run for office because it was a violation of the Little Hatch Act.

The Court of Appeals was ruling on a lawsuit filed by former Mayor Kevin Burke, who lost the general election to Bennett.

Cunningham says he is requesting that the Indiana Supreme Court deny the transfer of the case, and that a special election be conducted “as soon as possible.”

In his statement, Cunningham says, “I request that the Honorable David Bolk Judge of Vigo County Superior Court Division 3 put my name on such ballot as the rightful winner of the 2007 Republican primary.”

During an interview Monday, Cunningham said, “If Bennett wasn’t qualified during the general election, then he certainly wasn’t qualified in the primary.

“I would have been the only qualified candidate,” he said.

“I believe every vote should be counted,” Cunningham continued. “People take their time to go out and vote and they expect their vote to be valid and to be cast for a qualified candidate.

“It should have been Cunningham [vs.] Burke, not Bennett [vs.] Burke,” he said.

Cunningham said he has not sought legal counsel at this point for his challenge. He said that will depend on “whether or not the Vigo County Republican Party contacts me.”

He added that he would like to see an apology from the Republican Party, “not for myself but for those people who voted for me that their votes were not counted.”

Cunningham said he believes it is the responsibility of the Republican and Democrat parties to clear up eligibility issues before any elections.

“It all goes back to fair elections, to letting people’s voices be heard,” he said.

Deb Kelly can be reached at (812) 231-4254 or deb.kelly@tribstar.com.