Graham v. Prevost

176 So. 3d 1142, 2015 La.App. 4 Cir. 1033, 2015 La. App. LEXIS 1897, 2015 WL 5722592
CourtLouisiana Court of Appeal
DecidedSeptember 29, 2015
DocketNo. 2015-CA-1033
StatusPublished
Cited by5 cases

This text of 176 So. 3d 1142 (Graham v. Prevost) 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.

Bluebook
Graham v. Prevost, 176 So. 3d 1142, 2015 La.App. 4 Cir. 1033, 2015 La. App. LEXIS 1897, 2015 WL 5722592 (La. Ct. App. 2015).

Opinions

MAX N. TOBIAS, JR, Judge.

|, The plaintiffs/appellants, Dionisha Graham and Derrick A. Graham, Sr. (“the Grahams”), appeal the trial court’s judgment that found that the defendant, Mar-keita Prevost, is properly qualified as a candidate for State Representative for the Louisiana House of Representatives, District 99 in the 25 October 2015 primary election. For the reasons that follow, we affirm.

Objecting to her candidacy,1 the Grahams contend (assign as error) that the trial court erred in finding Ms. Prevost was domiciled in District 99 by abusing its discretion (1) not to consider testimony from the Custodian of Records of the Louisiana Department of Revenue that Ms. Prevost used an address outside of District 99 to file her 2014 Louisiana income tax return and (2) without testimony or evidence tending to “establish her intent to remain in” District 99.2

Article III, § 4(A) of Louisiana’s 1974 Constitution states:

An elector who at the time of qualification as a candidate has attained the age of eighteen years, resided in the state for the preceding two years, and been actually domiciled for the preceding year in the legislative district from 12which he seeks election is eligible for membership in the legislature., [Emphasis supplied.]
La. R.S. 18:451 in pertinent part states:
A person who meets the qualifications for the office he seeks may become a candidate and be voted on in a primary or general election if he qualifies as a candidate in the election. Except as otherwise provided by law, a candidate shall 'possess the qualifications for the office he seeks at the time he qualifies for that office. In the event that the qualifications for an office include a residency or domicile requirement, a candidate shall meet the established length of residency or domicile as of the date of qualifying, notwithstanding any other provision of law to the contrary. [Emphasis supplied.]

The domicile of an individual is the place of that individual’s habitual residence. La. C.C. art. 38. An individual may have several residences but only one domicile. La. C.C. art. 39. If one lacks a habitual residence, any place of residence may be considered one’s domicile at the option of “persons whose interests are affected.” Id. One’s domicile remains unchanged until a new one is acquired. La. C.C. art. 44. An individual changes his domicile when he moves his residence with the intent to make the new location his habitual residence. Id. The intent to es[1145]*1145tablish or change one’s domicile depends upon the circumstances, such' as a sworn declaration. La. C.C. art. 45. In the absence of a sworn declaration, other evidence is required.

One qualifies for a public office by filing a Notice of Candidacy. La. R.S. 18:461 A(l). By law, a Notice of Candidacy form requires the candidate for Louisiana public office to state his domicile therein. Id,

Election laws must be interpreted to give the electorate the widest possible choice of candidates;' an individual objecting to candidacy bears the burden of proving that the candidate is disqualified. Landiak v. Richmond, 05-0758, pp. 6-7 (La.3/24/05), 899 So.2d 535, 541, citing Becker v. Dean, 03-2493, p. 7 (La.9/18/03), 854 So.2d 864, 869; Russell v. Goldsby, 00-2595, p. 4 (La.9/22/00), 780 So.2d 1048, 1051; Dixon v. Hughes, 587 So.2d 679, 680 (La.1991); Messer v. London, 438 So.2d 546 (La.1983). A court determines whether the individual objecting to another’s candidacy has carried his burden of proof, liberally construing the laws governing the conduct of elections in order to promote rather than defeat the candidacy. Landiak, 05-0758, p. 7, 899 So.2d at 541, citing Becker, id.; Russell, id.; Dixon, id. Doubt “should be resolved in favor of allowing the candidate to run for public office.” Landiak, id., citing Becker, id.; Russell, id.;'Dixon, id.

Because domicile requires a physical residence plus intent to remain,' a party’s uncontroverted testimony regarding his intent “may be sufficient to establish domicile, in the absence of any documentary or other objective evidence to the contrary.” Landiak, 05-0758, p. 10, 899 So.2d at 543.

When documentary or other objective evidence casts doubt on a person’s statements regarding intent, it is incumbent on courts to weigh the evidence presented in order to determine domicile in fact. Otherwise, the legal concept of domicile is meaningless and every person would be considered legally domiciled wherever he says he is domiciled. Some of the types of documentary evidence commonly considered by courts to determine domicile in fact include such things as voter registration, homestead exemptions, vehicle registration records, driver’s license address, stateménts in notarial acts, and evidence that most of the person’s property is housed at that location. Obviously, the more of these items presented by a party opposing candidacy in a given case to show lack of domicile in the district, the more difficult it will be for the candidate to overcome the plaintiffs evidence.

Id., 05-0758, pp. 10-11, 899 So.2d at 543-544 (footnotes omitted)..

|4In the case at bar, the burden of proof was 'with the Grahams to establish by a preponderance of the evidence that Ms. Prevost did not have a District 99 domicile for one year prior to qualifying. If the Grahams established a prima facie case that Ms.‘ Prevost was not so domiciled, the burden of proof shifted to Ms. Prevost to prove that she was domiciled in the district.

It is undisputed that Ms. Prevost is at least eighteen years of age and has resided in Louisiana for more than two years. The issue before us is thus, whether she was actually domiciléd in' District 99 for one year prior to qualifying.

At trial, the Grahams introduced, the following evidence to establish that Ms. Prevost was not domiciled in District 99.

• Ms. Prevost’s testimony that her i Louisiana driver’s license shows her address as being at 5351 Bellaire Drive in New Orleans (an address [1146]*1146not in District 99).3 Ms. Prevost did not have her driver’s license with her at court, stating that someone drove her to the courthouse.
• Ms. Prevost’s testimony that she changed her voter registration on 2 July 2015 to 825 Flood Street from 2329 Odin Street in New Orleans,4 an address not in District 99; the Odin Street address is where she had |Bbeen a registered voter from 22 November 2010 until changed to 825 Flood Street.
• Testimony from Vanessa LeFleur, the Custodian of Records of the Louisiana Department of Revenue, that Ms. Prevost’s filed 2014 income tax return showing her address to be 3621 Laplace Street, Chalmette, Louisiana.5
• Ms. Prevost’s testimony that she has no bills in her own name showing an 825 Flood Street address and contributes nothing to household expenses for the dwelling at that location, which is leased by her boyfriend; in that regard she testified that her boyfriend “pays everything.”
• Ms. Prevost failed to state that she intended to permanently reside with her boyfriend on Flood Street.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
176 So. 3d 1142, 2015 La.App. 4 Cir. 1033, 2015 La. App. LEXIS 1897, 2015 WL 5722592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-prevost-lactapp-2015.