336 So.3d 103
La. Ct. App.2022Background
- Donald Nance filed a notice of candidacy (Jan. 26, 2022) listing 2510 N. 10th St (inside West Monroe) as his address and was registered to vote there, but he continued to claim a homestead exemption on a different property (Love Street) outside the city.
- Michael Sellar objected (Jan. 31, 2022), alleging Nance was not a qualified elector, had falsely certified his homestead/exemption on the candidacy form, and had not been a resident of the city for the required one year prior to qualifying.
- Trial evidence included voter-registration and candidacy forms, tax-assessor records showing the Love Street homestead exemption since 2011, deeds and other documents listing Love Street, utility and water-usage records showing consistent use at Love Street and sporadic use at N. 10th, and testimony about timing of moved-in actions (garbage, water, driver’s license changes in 2021).
- Nance testified he moved to N. 10th in Oct./Nov. 2020 with intent to remain, but admitted he still claimed the Love Street homestead exemption and kept many records mailed there; he acknowledged signing the candidacy form attesting to the homestead/registration statement.
- The trial court rejected Nance’s testimony, found his notice of candidacy contained a false/defective certification (homestead vs. registration precinct), concluded he was not a qualified elector and did not meet the one‑year residency requirement, and disqualified him from the mayoral race.
- On appeal the court affirmed the disqualification, holding the false certification and the residency findings supported disqualification; it denied Sellar’s request for frivolous-appeal damages.
Issues
| Issue | Plaintiff's Argument (Sellar) | Defendant's Argument (Nance) | Held |
|---|---|---|---|
| Timeliness of trial-court judgment under La. R.S. 18:1409 | Trial court’s failure to rule within 24 hours requires dismissal | Delay caused by court; no prejudice; appellate review suffices | Denied dismissal; no prejudice shown; appeal proceeds |
| Qualified-elector / False certification on notice of candidacy | Nance certified homestead/registration inconsistent with La. R.S. 18:101; false oath is grounds for disqualification | Nance intended N. 10th as primary residence; form ambiguous; acted in good faith | Held false/material certification supports disqualification under La. R.S. 18:492(A)(1); affirmed |
| One-year residency requirement for mayor | Objective records (deeds, taxes, utilities, water use, mail, vehicle and retirement mail) show Love St remained primary; Nance lacked city residency for one year | Nance moved Oct./Nov. 2020 and intended to reside at N. 10th; family lived there | Trial court’s factual finding that Nance did not meet the one-year residency requirement was not clearly wrong; affirmed |
| Request for frivolous-appeal damages | Appeal is vexatious and raises no serious legal question; seek damages | Appeal not unquestionably frivolous; issues legitimately contestable | Denied frivolous-appeal damages; doubts resolved for appellant |
Key Cases Cited
- Landiak v. Richmond, 899 So. 2d 535 (La. 2005) (objector bears burden; election laws construed liberally to favor candidacy)
- Russell v. Goldsby, 780 So. 2d 1048 (La. 2000) (burden principles in candidate-objector suits)
- Sealy v. Brown, 291 So. 3d 290 (La. App. 2 Cir. 2020) (residence/domicile factors and standard of review for factual findings)
- Percle v. Taylor, 301 So. 3d 1219 (La. App. 5 Cir. 2020) (false certification on notice of candidacy is failure to qualify under La. R.S. 18:492)
- Trosclair v. Joseph, 150 So. 3d 315 (La. App. 5 Cir. 2014) (notice of candidacy must be accurate; errors can be grounds for disqualification)