Published: November 15, 2008 09:06 pm         

TRIBUNE-STAR EDITORIAL: 2007 Mayoral election challenge disruptive, unnecessary

Community will benefit little from this process

TERRE HAUTE — The collective shiver felt down the spines of people in Terre Haute on Thursday was a preview to the uneasy realization that the 2007 mayoral election is still — STILL! — not over.

If ever there was an election from which Terre Haute needed permanent relief, the 2007 election is it. But the stunning ruling last week from a divided Indiana Court of Appeals promises that the results of that hotly contested and intensely competitive political fracas will remain in dispute for the foreseeable future.

To say that this twist in the political/legal process is unfortunate would be an understatement. Terre Haute and its people, as is the case with all Americans and the cities in which they live, are caught in the throes of economic uncertainty. The nation’s financial meltdown and related crises represent a significant drain on any community’s energy. Being forced to revisit and relive a divisive election is not something this community needs.

We understand former Mayor Kevin Burke’s inclination to file suit in an effort to hold current Mayor Duke Bennett accountable for what now appears to have been a violation of the law restricting the political activities of people being paid by federal funds. During the mayoral campaign, Bennett was employed in a management position by Hamilton Center, a Valley-wide provider of mental health and other services funded in part by federal government programs. Burke, with encouragement from his supporters, took the matter to court in hopes of having Bennett’s election nullified. He was well within his rights to do so.

But we do not condone Burke’s actions in this matter. As previously stated here, by waiting until after he lost the election to challenge his opponent’s eligibility to be a candidate, Burke set the community on a course that assured continued divisiveness and prevented it from moving forward in a constructive way.

The Appeals Court decision marked a significant victory for Burke in the legal process, even though it did not declare him the victor. Rather, the decision, if upheld on appeal by higher courts, sets the course for a special election which may or may not include Burke as a candidate.

Bennett has been mayor for almost a year and will remain so in the weeks and months ahead. Much time is bound to lapse before the legal process is complete and a final resolution is delivered. It is possible that any special election in the future would not occur until near the end of Bennett’s term.

There is benefit to maintaining the integrity of the election process and ensuring applicable laws are followed. One must consider, however, that suffering through a mayoral special election could cancel out those benefits. This precedent-setting case may thrill legal scholars, but the people of Terre Haute get nothing more than an unnecessary and expensive disruption in the political process.

We preferred that Burke not pursue this challenge. But the legal course is set. Whatever happens, the community will be forced to quickly adjust. No doubt it will. Future resentment or disenchantment with the process, however, may not so easily be overcome.