Arvie v. Skinner

722 So. 2d 90, 98 La.App. 3 Cir. 1769, 1998 La. App. LEXIS 3365, 1998 WL 808372
CourtLouisiana Court of Appeal
DecidedNovember 24, 1998
DocketNo. 98-1769
StatusPublished
Cited by2 cases

This text of 722 So. 2d 90 (Arvie v. Skinner) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Arvie v. Skinner, 722 So. 2d 90, 98 La.App. 3 Cir. 1769, 1998 La. App. LEXIS 3365, 1998 WL 808372 (La. Ct. App. 1998).

Opinion

JiDOUCET, Chief Judge.

This election contest suit was instituted by plaintiff-appellee, Daniel Arvie, to challenge the results of the November 3, 1998, run-off election for the School Board. Defendant-appellant, Leon Skinner, garnered the majority of the votes cast in the election. After finding illegal electioneering and other irregularities in the conducting of the election, the trial court set aside and vacated the election results and ordered a new election to be held on December 5, 1998. For the reasons assigned below, we reverse.

In the election, the voting machines calculated that 719 votes were cast, and the absentee ballots totaled 364 votes. Of these total votes, Arvie received only 531 votes to Skinner’s 552 votes, thereby resulting in Skinner’s 21 vote victory in the election. However, the election involved three precincts. Of these, Skinner only won in parish ward 1, precinct 7, carrying it by a seventy percent margin, according to plaintiff.

Arvie’s original petition averred that Skinner and/or his campaign workers and/or polling commissioners had violated the election laws by conducting illegal ^electioneering in and around the polling place, both in person and through use of the telephone. Moreover, the petition alleged that these persons had improperly failed to permit the polling commissioners who had served in the primary election to serve again in the run-off and in the appointment of alternate commissioners and poll watchers.

The original petition was amended to add more specificity as to the nature of the infractions at issue. These additional accusations included allegations that the alternate commissioners who were chosen were related by blood or affinity to Skinner, that the commissioners engaged prospective voters in debates and otherwise harassed voters, and that a phone bank was conducted at the polling place. Arvie asserted that persons without presenting proper identification and without properly completing affidavits were nevertheless permitted to cast votes in the election. Arvie alleged that the absentee ballots were tabulated before the close of the election and that this information was used to determine the results needed at the polling places. Finally, Arvie contended that voters who lived outside the district were improperly registered to vote.

In response to the suit, Skinner filed exceptions of no cause of action and no right of action. At the trial of this matter on November 16, 1998, the Commissioner of Elections joined with Skinner in arguing the exceptions. However, the trial court denied the exceptions and proceeded to hear the case on the merits.

[92]*92The trial court rendered reasons for judgment after hearing the merits. The court found that Skinner’s wife, Wanda Skinner, had acted improperly in supporting her husband’s campaign. He ruled that she had illegally snatched an absentee ballot from one lady and cast the vote after marking the ballot. Moreover, on the day of the election, Wanda was adjudged to have engaged in illegal electioneering within six hundred feet of the poll in violation of La.R.S. 18:1462(A). Furthermore, the judge ruled that she and others went into the voting booths with other voters to assist them in casting their votes without the voters being entitled to such assistance. The trial court found that Wanda had obtained lists of voters who had not yet cast their votes.

In addition, the trial court stated that the commissioners at precinct 7 had participated in the illegal electioneering and otherwise breached the laws regarding their duties as commissioners. The trial judge found that the commissioners failed to fill out the affidavits properly for voters who appeared at the poll without the proper identification. No evidence was adduced to implicate the candidate Skinner directly has being involved in any of these activities.

Regardless, as a consequence of the above discussed findings of fraud and illegal activities, the trial court ruled that the results of the election were utterly impossible to determine. Therefore, instead of declaring either candidate the victor, the trial court invalidated the election result and ordered a new election for December 5,1998.

A timely appeal was filed by Skinner. The Secretary of State and the Commissioner of Elections have also filed briefs in this court. Arvie filed a brief in opposition to the appeal, but also filed an answer to the appeal praying to be declared the winner in the November 3 election.

We shall assume arguendo that the factual determinations made by the trial judge in this case are correct, and we shall decide this case on the facts as determined by the trial court. The issue to be decided by this court, then, is whether the trial court’s decision to call for a new election is mandated by these facts as applied to the statutes governing elections in this state as interpreted by our jurisprudence.

The determination of an election contest is controlled by La.R.S. 18:1431, which provides:

When the court finds that one or more of the votes east in a contested election are illegal or fraudulent, the judge-shall subtract such vote or votes from the total votes cast for the candidate who received them if the contest involves the election to office, or from the total vote for or against a proposition, if the contest is of an election upon a proposition. If the court determines that legal votes cast in the election were excluded in the total votes cast on a candidate or proposition, then these excluded legal votes shall be added to the total votes on the candidate or the proposition to which they are attributable. Thereafter, and after considering all the evidence, the court shall determine the result of the election.

Once the court determines that fraud and illegal voting has occurred, the court must turn to La.R.S. 18:1432, which provides in pertinent part:

A. If the trial judge in an action contesting an election determines that: (1) it is impossible to determine the result of election, or (2) the number of qualified voters who were denied the right to vote by the election officials was sufficient to change the result in the election, if they had been allowed to vote, or (3) the number of unqualified voters who were allowed to vote by the election officials was sufficient to change the result of the election if they had not been allowed to vote, or (4) a' combination of the factors referred to in (2) and (3) herein would have been sufficient to change the result had they not occurred, the judge may render a final judgment declaring the election void and ordering a new primary or general election for all the candidates or if the judge ^determines that the appropriate remedy is the calling of a restricted election, the judge may render a final judgment ordering a restricted election, specifying the date of the election, the appropriate candi[93]*93dates for the election, the office or other position for which the election shall be held, and indicating which voters will be eligible to vote.

The implications of the above rules can be found in Colvin v. Franklin Parish School Board, 28,718 (La.App. 2 Cir. 2/22/96); 668 So.2d 1310. In that case the plaintiff amply demonstrated that a large number of ineligible voters had been allowed to vote on a particular proposition. Regardless, that court ruled as follows:

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722 So. 2d 90, 98 La.App. 3 Cir. 1769, 1998 La. App. LEXIS 3365, 1998 WL 808372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arvie-v-skinner-lactapp-1998.