313 So.3d 298
La. Ct. App.2020Background
- Qualifying for Baton Rouge City Court Judge Div. C occurred Jan 8–10, 2020; Whitney Greene and Johnell Matthews both qualified.
- COVID-19 delayed the primary to July 11, 2020 and the general election to August 15, 2020; Matthews won the August 15 general election.
- On August 24, 2020 Greene filed a petition styled as an election contest alleging Matthews was constitutionally ineligible (age 70+) and that the Secretary of State unlawfully placed her on the ballot.
- The trial court dismissed Greene’s petition with prejudice and sustained the Secretary of State’s peremptory exception of no cause of action; Matthews was later commissioned and sworn in.
- On appeal the court addressed (1) whether it had jurisdiction to remove or prevent Matthews from taking office and (2) whether Greene’s claim was an untimely candidacy objection rather than a timely election contest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to remove/prevent a judge from taking office | Greene sought injunctive/declaratory relief to prevent Matthews from taking office (or to remove her) due to constitutional ineligibility. | Matthews (and Secretary) argued the removal of judges and forcible removal issues fall within the Louisiana Supreme Court's exclusive original jurisdiction (La. Const. art. V, §25). | Court held it lacked subject-matter jurisdiction to remove or prevent Matthews from taking office; that power lies with the La. Supreme Court. |
| Nature of the suit: election contest vs. candidacy objection | Greene characterized the suit as an election contest under La. R.S. 18:1401(B), alleging the election was irregular because an ineligible candidate was on the ballot. | Defendants argued the petition in substance challenged Matthews’s qualifications (an objection to candidacy) and thus was subject to the Election Code’s strict, peremptive timing. | Court held the petition substantively challenged candidacy (age) and was therefore an untimely objection to candidacy barred by peremptive deadlines. |
| Secretary of State liability for placing Matthews on the ballot | Greene argued Secretary Ardoin knowingly permitted a constitutionally barred candidate to appear on the ballot and thus facilitated an unlawful election. | Secretary argued Election Code required placing the two highest primary vote getters on the general ballot and Matthews had not been disqualified by judgment. | Court held the Secretary followed the Election Code and had no cause of action; he was required to list Matthews on the ballot. |
| Declaratory/injunctive relief after Matthews sworn in | Greene sought declaratory relief and injunction affecting Matthews’s ability to serve. | Defendants argued such relief is moot or pretermitted because Matthews was sworn in and removal questions fall to the Supreme Court. | Court held declaratory/injunctive claims were pretermitted/moot as Matthews had been sworn in and any removal question is for the Supreme Court. |
Key Cases Cited
- In re Hunter, 823 So.2d 325 (La. 2002) (Supreme Court has exclusive original jurisdiction to remove judges)
- In re Wingerter, 621 So.2d 1098 (La. 1993) (per curiam) (removal jurisdiction of Supreme Court)
- Wayne v. Green, 389 So.2d 102 (La. App. 1st Cir.) (election contests must plead particularized irregularities/fraud)
- Jackson v. Myer, 52 So.3d 271 (La. App. 1st Cir. 2010) (Election Code’s time limits are strict and favor electoral finality)
- Kavanagh v. Hebron, 266 So.3d 338 (La. App. 3d Cir. 2019) (distinguishable authority permitting injunctive relief outside the Election Code context)
- State v. Gibson, 107 So.3d 574 (La. 2013) (distinguished on facts)