North v. Doucet

253 So. 3d 815
CourtLouisiana Court of Appeal
DecidedAugust 1, 2018
DocketNO. 18-CA-437
StatusPublished
Cited by11 cases

This text of 253 So. 3d 815 (North v. Doucet) 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
North v. Doucet, 253 So. 3d 815 (La. Ct. App. 2018).

Opinion

EDWARDS, JUDGE PRO TEMPORE, J.

This is an election suit contesting a candidate's qualification for candidacy for the Jefferson Parish School Board District 7.1 For the reasons articulated below, we affirm.

*817FACTUAL AND PROCEDURAL HISTORY

On July 18, 2018, Melinda Doucet, who is the incumbent, filed a signed and notarized Notice of Candidacy form, which included the following certification as required by La. R.S. 18:463(A)(2)(a)(iv) :

If I am a candidate for any office other than United States senator or representative in congress, that for each of the previous five tax years, I have filed my federal and state income tax returns, have filed for an extension of time for filing either my federal or state income tax return or both , or was not required to file either a federal or state income tax return or both. (Emphasis added).

On July 23, 2018, plaintiff, Billy Joseph North,2 filed suit objecting to Ms. Doucet's candidacy,3 asserting that Ms. Doucet had falsely certified in her Notice of Candidacy that she had filed her state income tax returns for three of the five previous years - 2013, 2016, and 2017 - and, therefore, must be disqualified as a candidate for office pursuant to La. R.S. 18:492 and La. R.S. 18:494(A).

At trial on July 26, 2018,4 Mr. North introduced correspondence to and from the Louisiana Department of Revenue ("LDR"), which, in response to a public records request, stated that LDR had a tax return filed by Ms. Doucet for the year 2014, but could not confirm the filing of state tax returns by Ms. Doucet for the years 2013, 2015, 2016, or 2017. A representative of LDR verified this in testimony at trial. The representative confirmed he had performed a diligent search but could find no record of any income tax returns filed by Ms. Doucet in 2013, 2015, 2016 or 2017.

Ms. Doucet admitted at trial that she did not file state tax returns for the years 2015, 2016 and 2017. She stated that she filed for extensions for those years. However, on further questioning, Ms. Doucet admitted that the extensions for the years 2016 and 2017 were federal tax, not state tax extensions.

Ms. Doucet's tax attorney, John Ponsetti, testified that there was some confusion between Ms. Doucet and her daughter with the IRS that began with the 2013 tax returns. Mr. Ponsetti stated that he filed extensions for federal taxes in 2016 and 2017, but not for state taxes. Mr. Ponsetti verified documents showing an online request for an extension was filed with the state for the 2015 tax year, and requests for federal extensions for the years 2013, 2016 and 2017. However, he denied filing *818for state extensions in 2013, 2016 or 2017. Mr. Ponsetti explained that under the old law, federal extensions automatically applied to state tax. However, that law changed "a few years ago." In conclusion, Mr. Ponsetti testified that, to his knowledge, Ms. Doucet did not file state income tax returns for 2015, 2016 and 2017.

At the close of the hearing, the trial judge found that there was no evidence to show that Ms. Doucet filed her state income tax returns for 2015, 2016 and 2017. The trial court found that Ms. Doucet did file for an extension for 2015. Ultimately, the trial court disqualified Ms. Doucet as a candidate. Ms. Doucet now appeals that ruling.

DISCUSSION

Standard of Review

Appellate courts review a trial court's findings of fact under the manifest error or clearly wrong standard. Nixon v. Hughes , 15-1036 (La. App. 4 Cir. 9/29/15), 176 So.3d 1135, 1137. "Regarding issues of law, the standard of review of an appellate court is simply whether the court's interpretative decision is legally correct." Id. "[I]f the decision of the trial court is based upon an erroneous application of law rather than on a valid exercise of discretion, the decision is not entitled to deference by the reviewing court." Id.

Election Law

The manner of qualifying for an election is set forth in La. R.S. 18:461(A)(1), which provides, in pertinent part, that "[a] person who desires to become a candidate in a primary election shall qualify as a candidate by timely filing notice of his candidacy, which shall be accompanied ... by the qualifying fee and any additional fee imposed." La. R.S. 18:4635 provides, in pertinent part, that:

A.(1)(a) A notice of candidacy shall be in writing and shall state the candidate's name, the office he seeks, the address of his domicile, and the parish, ward, and precinct where he is registered to vote.
* * *
(2)(a) The notice of candidacy also shall include a certificate, signed by the candidate, certifying all of the following:
(i) That he has read the notice of his candidacy.
(ii) That he meets the qualifications of the office for which he is qualifying.
* * *
(iv) Except for a candidate for United States senator or representative in congress, that for each of the previous five tax years, he has filed his federal and state income tax returns, has filed for an extension of time for filing either his federal or state income tax return or both, or was not required to file either a federal or state income tax return or both.
* * *
(viii) That all of the statements contained in it are true and correct.
(b) The certificate shall be executed before a notary public or shall be witnessed by two persons who are registered to vote on the office the candidate seeks.

In brief to this Court, appellant has assigned three errors. In the first two, appellant argues the trial court erred in its interpretation of the language in La. R.S. 18:463A(2)(a)(iv). Appellant asserts a candidate would have the option under the law to show either that she filed both state and federal tax returns for five years, or that she has filed an extension of time to file either the federal or state tax returns. She contends that the filing of an extension of *819time to file her federal tax returns meets the requirements of La. R.S. 18:463, even if no extension was filed with the state for that year. In the alternative, appellant argues that the language of La. R.S. 18:463 is ambiguous. We disagree with both arguments.

Legislation is a solemn expression of legislative will. La. C.C. art. 2. Hence, when a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written, and no further interpretation may be made in search of the intent of the legislature. La. C.C. art. 9.

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Bluebook (online)
253 So. 3d 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-v-doucet-lactapp-2018.