McLavy v. Martin

167 So. 2d 215, 1964 La. App. LEXIS 1914
CourtLouisiana Court of Appeal
DecidedSeptember 2, 1964
DocketNo. 6335
StatusPublished
Cited by5 cases

This text of 167 So. 2d 215 (McLavy v. Martin) 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
McLavy v. Martin, 167 So. 2d 215, 1964 La. App. LEXIS 1914 (La. Ct. App. 1964).

Opinion

LANDRY, Judge.

This is an action by a group of qualified electors challenging the constitutionality of LSA-R.S. 18:621 which statute gives to the State Central Committees of the respective political parties of the state authority to provide the method for nomination of party candidates for the offices of presidential electors. In the alternative, petitioners question the validity of the action of the Democratic State Central Committee (hereinafter referred to as the “Committee”) in naming two slates of candidates for the offices of presidential electors to appear on the ballot in the November 3, 1964 general election to be held ,in this state.

Plaintiffs’ original petition sought to enjoin the Secretary of State from taking any [218]*218steps in the preparation of necessary election materials insofar as the election of presidential electors is concerned and also prayed that the Committee be enjoined from nominating or certifying the names of any candidates as nominees of the Democratic Party for the offices of Presidential Electors in the aforesaid general election. In addition plaintiffs sought injunctive relief prohibiting the Committee selecting Democratic presidential elector nominees in any manner until the legislature of this state shall have expressly prescribed such manner of nomination or selection.

After disposing of certain exceptions the trial court, pursuant to statutory mandate ordered the Honorable Jack P. F. Gremil-lion, Attorney General, cited to defend the constitutionality of the statute herein assailed.

The district court rendered judgment maintaining the constitutionality of the challenged statute and enjoining the Democratic State Central Committee from nominating or undertaking to nominate or to certify more than ten (10) nominees as candidates for the office of presidential electors. The plaintiffs have appealed from that portion 'of the judgment pronouncing the statute constitutional. They reiterate their prayer for injunctive relief to prevent the certification of any candidates until the Legislature shall have provided the method for their selection.

An exception of prematurity was filed on behalf of the defendant Secretary of State on the ground that no names of Democratic nominees had been certified to that officer by the Committee therefore he was under no legal obligation and could not prepare materials for the general election of presidential electors until the nominees were certified to him by the Committee. This exception was sustained and the action dismissed as to the Secretary of State. A similar exception filed on behalf of the Committee was overruled by the trial court. No appeal has been taken from either of said rulings.

An exception of nonjoinder of indispensable parties was overruled and has subsequently been abandoned.

Exceptions .of lack of jurisdiction over the subject matter, of no right and no cause of action were overruled and are re-urged before us by way of answer to appeal.

It is conceded the Committee has not as yet certified the names of any nominees to the Secretary of State as candidates of the Democratic Party for the offices of Presidential Electors in the pending general election scheduled to be held November 3, 1964. Predicated upon this circumstance and the added contention that only political issues are presented for determination the Committee maintains the courts are without jurisdiction to hear this matter because of well established jurisprudence holding that the courts are without 'authority to hear purely political matters in the absence of express legislative or constitutional authority and appellants have cited no such authority in the case at bar. It is further conceded, however, the Committee has adopted a resolution providing for nomination of a dual slate of party candidates or nominees for the office of Presidential Elector to be held in the previously mentioned general election. The numerous authorities cited by appellees in support of the exceptions of lack of jurisdiction over the subject matter are without application in the case at bar.

While it is true, as maintained by appellees that the courts generally have no jurisdiction over disputes involving purely political issues there is an exception to the rule in those instances wherein the validity of a state law or statute is in question. In this regard we quote with approbation the following language appearing in the judgment of the trial court:

“It is the law and has been so held in the State ex rel LeBlanc versus Democratic State Central Committee, 229 La. 556, 86 So.2d 192, 195, that in the absence of constitutional or statutory pro[219]*219hibition all elections and nominations as well as other matters relating to or affecting same are governed by political parties and are, therefore, beyond judicial control. This doctrine was first announced in Reid versus Brunot, 153 La. 490, 96 So. 43, and there the Court made a distinction between political Tights and civil rights, stating that political rights were not a natural right, hut exist, if at all, in the Constitution ■or statutes. However, it is also the law that this rule has no application where the constitutionality of a statute is at issue and that principle dates hack to the case of McPherson versus Blacker, 146 U.S. 1, 13 Supreme Court 3, [36 L.Ed. 869] 1892.”

It follows that the exception of lack of jurisdiction over the subject matter was properly overruled by our esteemed colleague below.

The exceptions of no cause and no right of action were based upon the contention that a statute may be assailed only by one relying on an alleged invasion of his own individual constitutional rights and in such connection it must be shown that the complainant has a proper, real and actual interest to assert. In this regard appellees point out that plaintiffs do not complain of a denial or impairment of their right to vote, or their right to cast their ballots for the presidential electors of their choice, or their rights to have their votes counted. Appellees further point out that no plaintiff asserts a desire or intention to become a candidate for presidential elector in the forthcoming general election and neither ■does any plaintiff claim to have contributed, directly or indirectly, any sum or funds to the Committee.

While it is quite true that only candidates who claim to have been elected may properly contest an election as provided for by LSA-R.S. 18:1251, the matter at bar is not an election contest inasmuch as it does not involve a dispute between rival candidates or contestants. State Ex Rel. Glorioso v. Board of Supervisors of Elections, La.App., 198 So. 773. Moreover, it must be conceded that members of one political party may not complain of the manner in which nominees of an opposing faction were selected. Caswell v. Hoft, La.App., 119 So.2d 864.

The general rule that a substantial and actual particular interest must exist as the basis for an action to contest a special election, is not without its exception. In Morrisett v. City of Shreveport, La.App., 155 So. 478, 479, a group of citizen-taxpayer-voters were held entitled to bring an action questioning the authority of a city council to hold an election. We note with approval the following language appearing in the Morrisett case, supra:

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Related

Hawkins v. Superior Court
586 P.2d 916 (California Supreme Court, 1978)
Hubbard v. Ammerman
465 F.2d 1169 (Fifth Circuit, 1972)
McLavy v. Martin
167 So. 2d 184 (Supreme Court of Louisiana, 1964)

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167 So. 2d 215, 1964 La. App. LEXIS 1914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclavy-v-martin-lactapp-1964.