While Terre Haute Mayor Duke Bennett appeals his eligibility ruling, no one can even guess how Indiana's Supreme Court will decide.

This is the first known case of a Hatch Act challenge after an election. So we got the opinion of a CNN legal expert and author who spoke Monday night at Indiana State University.

"Other than recounts I can't really think of any litigation that has followed elections," says CNN senior legal analyst Jeffrey Toobin. He graduated from Harvard and worked as an Assistant U.S. Attorney, but this case is new to him.

"Lawsuits after elections are unusual in and of themselves. Losers usually lick their wounds and go home."

After Kevin Burke lost the 2007 Terre Haute mayoral election, he contested Duke Bennett's Hatch Act eligibility.

"The idea behind the Hatch Act is that people who work for the federal government, non-elected officials should stay out of politics," says Toobin.

Indiana's Court of Appeals recently ruled Bennett's old Hamilton Center job created a Hatch Act violation by controlling federal funds.

"The Hatch Act is a well-known law. But it rarely comes up in practice and there are very few lawsuits," Toobin says.

The ruling blames Bennett and Burke for not thoroughly checking Bennett's eligibility before the election.

"Elections tend to be decided in the ballot box not in the courtroom," says Toobin.

Indiana's Court of Appeals is ordering a special election, partly because of Indiana Code interpretation. The state law disqualifies a candidate if they 'would violate' the Hatch Act.

"A statute that uses the phrase 'would violate' is very unusual. But there are lots of unusual laws out there and it doesn't mean they're bad laws or not enforceable, just unusual," Toobin says.

Mayor Bennett is appealing to Indiana's Supreme Court because the Hatch Act only applies to candidates and Burke sued after the election.

"I have never heard of a Hatch Act case after an election," says Toobin.

Indiana's Supreme Court could make a landmark ruling on the case in the months ahead.

 In the meantime, the Evansville Hatch Act case we've told you about involving a county commissioner's election was dropped Monday by the candidate. However, the challenge by the county Republican Party continues.