Rosetta Jackson, Mary Lacour and Dr. Jeanetta Derosin VS Robert A. Myer, Lanell Landry, Shanika Olinde, Jay Dardenne, Thomas A. Nelson, Jr., Gary J. Fabre, Charlotte L. Fabre, Jason H. Collins and Walter Warr, Jr.
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2010 CE 2108 ROSETTA JACKSON ET AL I 1 G n VERSUS G G ft V W G L ROBERT A MYER ET AL a J Judgment Rendered O V p N V On Appeal from the 18th Judicial Dish Court in and for the Parish of Pointe Coupee State of Louisiana District Court No 43571 The Honorable Alvin Batiste Jr Judge Presiding x Ronald R Johnson Baton Rouge Victor J Baton Counsel for Plaintiffs Appellants Rosetta Jackson and Mary Lacour La Counsel f DefendandAppellee or Rober A Myer Woods Jr Rouge La James C Counsel for Defendant Appellee New Lanell Swindler Landry Clerk of Dewey Roads La Court for Pointe Coupee Parish William E Crawford Baton Rouge La Jr Counsel for DefendandAppellee Jay Dardenne Secretary of State of the State of Louisiana Assistant Counsel for Defendant Appellee Shanika Olinde Registrar of Voters Baton for Pointe Coupee Parish William P Bryan Attorney General Rouge La Thomas A Nelson New Roads Gary La Fabre New Roads Roads La Charlotte Fabre New Roads Jason New Appellee Defendant Appearing Pro Se Appellee Defendant La Walter Warr Jr New Ill La Collins Roads La Appearing Pro Se Appellee Defendant pearing A Pro Se Appellee Defendant Appearing Pro Se DefendanUAppellee Appearing Pro Se BEFORE CARTER C GUIDRY PETTIGREW GAIDRY AND J CHJJ WEI 2 PER CURIAM This suit is brought under the Louisiana Election Code and pursuant to La Stat Rev Ann 1409 18 we give this appeal expedited consideration FACTS AND PROCEDURAL HISTORY The primary election for the mayor of New Roads was held on October 2 2010 In the November 2 20 0 run election Robert A Myer off was elected mayor of New Roads On November 0 2010 the pl intiffs filed the present suit In response several of the named defendants filed peremptory exceptions raising the objections of res judicata pei no emption right of action and no cause of action See La Code Civ Proc Ann art 927 On November 15 2010 the trial court signed a judgment sustaining the exceptions objecting to peremption and no cause of action and dismissing the plaintiffs suit The plaintiffs appeal and for the reasons that follow we affirm the trial courtjudgment DISCUSSION In evaluatin the trial court judgment the material facts are undisputed and the issues before this court are ely pm legal When reviewing questions of law the appellate court simply determines whether the trial court was legally correct or legally incorrect Car v flllstate gelosi Ins Co 96 La App 1 Cir 9 680 So 2d 1358 1360 tivrit 0159 96 27 denied 96 La 12 692 So 2d 375 2586 96 13 Despite the plaintiffs characterization of this suit as one contesting an election we find no error in the trial court determination that the s 3 allegations of the plaintiffs petition are in actualiry an objection to the candidacy of Myer The petition clearly challenges Myei qualifications as s a candidate for mayor of New Roads and the plaintiffs specifically seek relief under La Rev Stat Ann 494 18 including the disqualification of Myer A party seeking relief under the Election Code must bring himself within the strict provisions of the law governing election suits um Fo for Equaliry PAC v Ciry of New Orleans 04 La App 1 Cir 8 1842 04 23 887 So 2d 45 47 writ devried 04 La 9 886 So 2d l 084 The 2185 04 2 legislature in drafting and enacting the Election Gode sought to expedite contests involving candidacy See Dale v Louisiana Secretary of 07 State 2020 La App 1 Cir 10 971 So 2d 1136 ll45 The short time 07 ll delays are in the interest of the electorate not the private litigants Ciry of Donaldsonville v State 99 La App 1 Cir 6 76 So 2d 339 1582 00 23 4 344 writdenied 00 La 10 772 So 2d 654 2257 00 27 An action objecting to candidacy shall be commenced in a court of competent jurisdiction within seven days after the close of qualifications for candidates in the primary election La Rev Stat Ann 493 18 After the expiration of the time period set forth no action shall be commenced objecting to candidacy based on the grounds for objection to candidacy Moreover the plaintiffs allege they are registered oters and qualified electors in Pointe Coupee Parish however they do not allege nor is there anything in the record to indicate any of the plaintiffs were candidates in the election for mayor of New Roads Although a elector may bring an action objecting to the candidacy for an qualified office in which the plaintiff is qualified to vote only a candidate can bring an action contesting an election La Rev Stat Ann B A 1401 18 Accordingly tl plaintiffs e lack standing to contest the election results See La Code Civ Proc Ann art 927 4 I Stat Ann 493 18 Further La Rev La Rev Stat Ann S 492 contained in R 18 Aprovides 1405 18 An action objectin to candidacy shall be instituted not later than 4 p of the seventh day after the close of 30 m qualifications for candidates in the primary or first party primary election After the expiration of the time period set forth in this Section no further action shall be commenced objecting to candidacy based on the grounds for objections to candidacy contained in R 18 S 492 The peremptive 1978 period set forth in La Rev Stat Ann A 1405 18 is See Evans v West 357 So Zd 916 918 La App 2d Cir Peremption is a period of time fixed by law for Yhe existence of a right and unless that right is timely exercised the right is extinguished upon the expiration of the peremptive period La Civ Code Ann art 3458 With peremptive statutes after the limit of time expires the cause of action no longer exists it is lost Guillory v flvoyelles Ry Co 104 La 11 15 28 So 899 901 1900 Evans 357 So 2d at 918 Qualifying for the October 2 2010 primary election for mayor of New Roads ended on July 9 2010 The plaintiffs objection to candidacy brought after the election is clearly outside the time delays set La Rev forth in Stat Anu 493 18 and A 1405 18 and the plaintiffs cause of action is lost Peremption may not be renounced interrupted or suspended La Civ Code Ann art 3461 Finding no legal en in the trial court sjudgment we affirm All costs associated with this appeal are assessed appellants plaintiffs Rosetta Jackson and Mary Lacour AFFIRMEA 5 against the
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