The Indiana Court of Appeals has ruled to nullify last year's Terre Haute mayoral election.

The judges ruled 2-to-1 that Mayor Duke Bennett is ineligible, but also ruled former Mayor Kevin Burke is not entitled to take office.

"There's more questions that are raised by this ruling than answers," says Bennett's attorney Bryan Babb who criticizes the ruling by Indiana's Court of Appeals which agrees with Vigo County's ruling that Bennett violated the Hatch Act.

"The Hatch Act is such an obscure sort of rule of law," says Babb.

That federal and state law prevents federally-funded employees from running for office.

Bennett controlled and was partially paid with federal funds at his Hamilton Center job while running for mayor.

Babb says, "Mr. Bennett went to his supervisor and asked him, 'In your opinion, do you think I am subject to this [Hatch] Act?'"

Bennett though he was eligible.

But Indiana's Court of Appeals also blames former mayor Kevin Burke for waiting until after the election to file a lawsuit about Bennett's eligibility.

"Mr. Burke chose not to raise it prior to the election and then waited until after he lost," Babb says.

Since Bennett was ruled ineligible after the election, Indiana's Court of Appeals is sending the case back to Vigo Circuit Court to order a special election, declaring the Terre Haute Mayor's office vacant.

"Declaring a vacancy in the office and ordering a special election is disenfranchising every voter," says Babb.

Indiana's Court of Appeals rules that none of the previous votes should be counted because voters were unaware of Bennett's ineligibility.

"A special election is not even something Mr. Burke himself sought, there really is no practical way to implement it," says Babb who insists Bennett can legally stay as mayor.

 "There is no emergency," says Babb who claims before a vacancy or special election could happen, Bennett has a right to appeal to transfer the case to the Indiana Supreme Court.

"It's not final until the Indiana Supreme Court either denies transfer or takes the case and affirms the Court of Appeals."

The Indiana Supreme Court tells us Bennett and Burke each have 30 days to appeal the ruling.