Jackson v. Myer
52 So. 3d 271
La. Ct. App.2010Background
- Primary election for mayor of New Roads on Oct. 2, 2010; Myer won the runoff on Nov. 2, 2010.
- Plaintiffs filed suit on Nov. 10, 2010 challenging Myer's candidacy under the Louisiana Election Code.
- Defendants filed peremptory exceptions: res judicata, peremption, no right of action, and no cause of action.
- Trial court dismissed the suit on Nov. 15, 2010, sustaining peremption and no cause of action.
- Appellate court affirms; plaintiffs allege they are qualified electors but not candidates, seeking disqualification of Myer.
- Court emphasizes strict time limits for candidacy challenges and that standing to contest an election requires being a candidate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suit is an objecting-to-candidacy action under the Election Code | Myer’s candidacy was challenged under §18:493/§18:1405. | Action falls within candidacy objections and is subject to peremptive time limits. | Action is an objection to candidacy governed by peremptive deadlines. |
| Whether the period for objection to candidacy was timely | Plaintiffs complied with a timely challenge under the Election Code. | Qualifying ended July 9, 2010; objection filed after election is untimely. | Peremption barred the action; timely filing requirement not met. |
| Whether plaintiffs have standing to contest the election | Plaintiffs are registered electors and can object to candidacy. | Only a candidate may bring an action contesting an election; plaintiffs lack standing. | Plaintiffs lack standing to contest the election. |
| Whether plaintiffs’ complaint properly sought relief under the Election Code | Complaint seeks removal/disqualification of Myer under §§18:492/18:494. | Appeal falls outside timely, proper election contest procedures and due process. | Complaint improperly framed; time-barred and legally insufficient. |
Key Cases Cited
- Forum for Equality PAC v. City of New Orleans, 887 So.2d 45 (La.App. 1 Cir. 2004) (expedited election contest framework; strict timeliness)
- Dale v. Louisiana Secretary of State, 971 So.2d 1136 (La.App. 1 Cir. 2007) (Election Code expedites candidacy challenges)
- City of Donaldsonville v. State, 772 So.2d 654 (La.App. 1 Cir. 2000) (short time delays protect electorate; limits on actions)
- Evans v. West, 357 So.2d 916 (La.App. 2d Cir. 1978) (peremption is fixed by law and not subject to renunciation)
- Guillory v. Avoyelles Ry. Co., 28 So.2d 899 (La. 1900) (peremption extinguishes rights after a fixed period)
- Cangelosi v. Allstate Ins. Co., 680 So.2d 1358 (La.App. 1 Cir. 1996) (standard for reviewing questions of law)