278 So.3d 1081
La. Ct. App.2019Background
- Antonio T. Wilson filed a Notice of Candidacy (Aug. 6, 2019) for Mayor of Tallulah listing 1005 W. Askew St. as his domicile.
- Jan Buchanan challenged Wilson’s domicile, submitting photographs showing the Askew property boarded, overgrown, and without water service since 2014; she and others testified the house appeared uninhabited until after qualifying.
- The District Attorney petitioned to disqualify Wilson under La. R.S. 33:384 and related election statutes; a hearing was held Aug. 16, 2019.
- Evidence introduced: voter registration records, an Address Confirmation Card listing Askew, an earlier lease for Askew (May 1, 2018–May 1, 2020), Alabama driver’s license and business records tying Wilson to Alabama, and witness testimony (sister Tammy and Carlos Ford) that Wilson stayed with his sister (505 Isabel/Gen eva/Geneva Ln/Isabel Lane) and performed limited activity at Askew.
- Trial court found the State made a prima facie showing that Wilson did not actually reside at Askew for the preceding year; Wilson failed to overcome that showing and was disqualified from the ballot.
Issues
| Issue | Plaintiff's Argument (DA/Buchanan) | Defendant's Argument (Wilson) | Held |
|---|---|---|---|
| Whether the State made a prima facie showing that Wilson was not domiciled/actually resident at 1005 W. Askew for the year before qualifying | Askew was uninhabited, boarded, without water service since 2014, not owner-occupied; documentary and witness evidence show Wilson did not reside there | Wilson intended to make Askew his domicile; sister and Ford testified he lived in Tallulah and stayed with his sister; intent plus lease and voter records support domicile | Held for State: photographic, utility, and witness evidence raised prima facie case that Askew was not Wilson’s residence; trial court’s credibility findings sustained |
| Standard/burden allocation under Landiak: did trial court impermissibly shift burden to Wilson to prove domicile? | State contended it carried burden to show Askew was not candidate’s domicile and did so; burden then shifted to Wilson to rebut prima facie case | Wilson argued State failed to prove he was not domiciled and court shifted burden to him to prove domicile | Held for State: court applied Landiak—objector bears initial burden to make prima facie showing; once made, burden shifts to candidate to overcome it; no impermissible shift found |
| Whether evidence overcame presumption against change of domicile from Alabama to Tallulah | Presumption remains until affirmative proof of change; records (AL driver’s license, business, vehicle regs) support Alabama domicile | Wilson notes lease, voter records, and testimony of intent/physical presence in Tallulah | Held for State: evidence insufficient to overcome presumption; Wilson did not testify or file affidavit of domicile; trial court not manifestly erroneous |
| Whether sister’s testimony (505 Isabel Lane in Tallulah Estates) established Wilson met residency requirement | State pointed out Tammy said Wilson lived with her but also testified he planned to move to Askew; trial court questioned whether Isabel address was within Tallulah; documentary/address inconsistencies undermined proof | Wilson (and dissent) argued Tammy’s testimony established he lived within Tallulah and thus qualified | Held for State: court found issues unresolved and candidate failed to show domicile/residence in municipality for required year; appellate court affirmed trial court credibility determination |
Key Cases Cited
- Landiak v. Richmond, 899 So. 2d 535 (La. 2005) (objector must make prima facie showing that candidate lacks required domicile; burden then shifts to candidate to rebut)
- Messer v. London, 438 So. 2d 546 (La. 1983) (change of domicile requires actual residence plus intent to remain; presumption against change)
- Russell v. Goldsby, 780 So. 2d 1048 (La. 2000) (election qualifications construed to favor candidacy; objector bears burden to prove disqualification)