266 So. 3d 338
La. Ct. App.2019Background
- November 6, 2018: Hebron won Ball, LA mayoral election; same day voters approved La. Const. art. I, § 10.1 (disqualifies felons from holding elective office until >5 years after completion of sentence).
- Amendment became effective December 12, 2018. Hebron completed his federal sentence (4 years imprisonment + 3 years probation) on December 18, 2017—less than one year before the amendment took effect.
- Kavanagh (incumbent mayor and registered voter) sued December 17, 2018 seeking declaratory judgment and a preliminary injunction to bar Hebron from taking office in January 2019.
- Trial court issued an injunction on December 21, 2018 preventing Hebron from taking/holding office and ordered Kavanagh to remain in office; denied Hebron’s procedural exceptions.
- Appeal presented two questions: (1) proper interpretation/application of La. Const. art. I, § 10.1 to Hebron’s federal conviction; (2) whether the trial court abused discretion in granting injunctive relief. Court affirmed.
Issues
| Issue | Kavanagh (Plaintiff) Argument | Hebron (Defendant) Argument | Held |
|---|---|---|---|
| Whether La. Const. art. I, § 10.1 applies to Hebron’s 2011 federal conspiracy conviction | § 10.1 bars persons convicted of felonies (including federal) from holding office until 5 years after sentence completion; Hebron completed sentence <5 years before effective date, so barred | § 10.1(A)(2) requires that the out-of-state/federal offense be prosecutable as a felony under Louisiana law with identical elements; federal conspiracy does not match a specific LA statute | Court: § 10.1 applies; a crime that "if committed in this state, would be a felony" covers federal conspiracy to defraud FEMA given LA theft/conspiracy statutes—Hebron is barred. |
| Whether Kavanagh had standing and whether injunction was proper (i.e., remedy outside Election Code) | Kavanagh (registered voter & incumbent) can seek injunction to prevent unlawful holding of office; constitutional prohibition is self-executing so equitable relief is available without Election Code procedures | Hebron: Election Code provides detailed election challenges and contains no provision for injunction to keep a winning candidate from taking office; therefore no remedy | Court: Plaintiff had standing; constitutional violation can be enjoined without following Election Code remedies; trial court did not abuse discretion in granting injunction. |
Key Cases Cited
- Stobart v. State, through DOTD, 617 So.2d 880 (La. 1993) (standard for appellate review of trial court fact findings)
- Touchet v. Broussard, 31 So.3d 986 (La. 2010) (federal aiding/abetting/conspiracy convictions can satisfy Louisiana disqualification language)
- Shepherd v. Schedler, 209 So.3d 752 (La. 2016) (prior state constitutional amendment declared void for defective amendment procedures)
- Jurisich v. Jenkins, 749 So.2d 597 (La. 1999) (equitable injunction may issue without showing irreparable injury when conduct is unconstitutional or unlawful)
- State v. Gibson, 107 So.3d 574 (La. 2013) (constitutional provision disqualifying felons from taking office is self-executing and permits direct action outside the Election Code)
- United States v. Hebron, 684 F.3d 554 (5th Cir. 2012) (affirming Hebron’s federal sentence and loss calculation)