2009 Louisiana Laws TITLE 18 Louisiana election code :: RS 18:221 Mandatory duties of registrar; ministerial character; compelling performance by mandamus or other process; appeal

PART VI.  MISCELLANEOUS PROVISIONS

§221.  Mandatory duties of registrar; ministerial character; compelling performance by mandamus or other process; appeal

A.  Except as otherwise provided by law, the duties of the registrar are ministerial in character and may be compelled by mandamus or other appropriate process or proceeding at the suit of two or more qualified electors of the parish he serves by any district court having jurisdiction of the parties.  The proceeding shall be against the registrar as sole defendant and may be instituted and prosecuted without cost in the district court.  It shall be heard and determined by preference, in term time or in vacation.

B.  An appeal shall be filed in the appropriate appellate court not later than the fifth day after the judgment is rendered and shall be tried on the original records and by preference over all other cases.  The appellate court shall render its decision within twenty-four hours after submission.

When the appeal is perfected, the clerk of the district court shall immediately notify the appellate court in writing.  The appellate court shall immediately set the appeal for hearing, without waiting for the record actually to be received, and shall hear the case and render its decision without any delay.  The appellate court shall convene in special session if necessary to hear the appeal.

The cost of appeals shall be assessed individually against the losing parties.  The appellant shall give bond for a sum to be fixed by the court to cover all such costs.

C.  No application for rehearing shall be entertained, but the appellate court may, upon its own motion, correct manifest errors to which its attention is called; however, the case shall be reargued in case of a dissent, as required by Section 8 of Article V of the Louisiana Constitution.

D.  An application for a writ or writs may be made to the Supreme Court of Louisiana for review of the action or inaction of the trial court or of the court of appeal not later than the fifth day after the action taken or, in the case of inaction, not later than the fifth day after the expiration of the delay lawfully allowed for the court to take the action sought.

Acts 1976, No. 697, §1, eff. Jan. 1, 1978.