Former Terre Haute Mayor Kevin Burke says he would agree to a special election to settle his lawsuit, but Mayor Duke Bennett refuses.

Burke says Indiana Code states that a special election would only be between him and Bennett.

Burke's lawyers are allowing him to speak specifically for the first time since suing Bennett after 2007's election.

"Duke Bennett has refused all of our offer," Former Mayor Kevin Burke (D) said during a news conference at his home on Tuesday afternoon.

On Friday, Burke offered to end his lawsuit and agree to Indiana's Appeals Court ruling for a special election.

During WTWO's Live at Five on Monday, we asked Mayor Bennett about a special election, before he rejected Burke's offer. "I don't want to put that burden on the taxpayers. It's going to be several hundreds thousands dollars," said Mayor Bennett (R).

"Fifty thousand dollars to have a special election. That's a far cry from the number that Bennett wants people to believe it would cost," said Burke, who made the offer to end the lawsuit, "If the election was today, my chances would probably be very slim, because for a year I have not defended myself."

Burke says he did check Bennett's eligibility before the election with Bennett's employer at Hamilton Center.

"What I regret now is not double checking the answer I was given," Burke said.

He was told Bennett was eligible under the Hatch Act. That state and federal law prevents federally funded candidates from running for office.

The Indiana Court of Appeals agreed with a Vigo County ruling that Bennett violated the Hatch Act by controlling federal funds.

"The appellate court said that I should have done something sooner. Man, I wish I had of," said Burke who waited to file a lawsuit until after the election to avoid "embarrassment ... to protect myself and a very significant Vigo County employer."

Because Burke waited, Indiana's Appeals Court is ruling for a special election because voters didn't know about the violation.

But Burke says Bennett violated the Hatch Act since winning the election.

"Having his victory party free of charge in a Hamilton Center facility was the last straw," said Burke, who claims that violation could affect Hamilton Center as well as taxpayers.

"The City of Terre Haute's federal funding could be affected by a mayor that had violated the Hatch Act."

Burke says that's why he'll continue his lawsuit now that Bennett has rejected his special election offer.