Roe v. Picou

361 So. 2d 874
Supreme Court of Louisiana·Decided August 18, 1978·No. 62816·Published·Cited by 12 cases

Opinion

361 So.2d 874 (1978)

William A. ROE, Vernon Dowdy and Jerry Blanchard, Plaintiffs-Appellees-Respondents,
v.
Dallas Arnold PICOU, Jr., Defendant-Appellant-Relator.

No. 62816.

Supreme Court of Louisiana.

August 18, 1978.

*875 George M. Strickler, Jr., New Orleans, for defendant-appellant-relator.

Chalin O. Perez, New Orleans, Michael Kirby, Port Sulphur, Luke A. Petrovich, Buras, for plaintiffs-appellees-respondents.

TATE, Justice.

By certain proceedings in district court, the defendant Picou's notice of candidacy for a school board election was held to be deficient, and he was disqualified as a candidate. The court of appeal affirmed. 361 So.2d 1328 (La. 4th Cir., 1978). We granted Picou's application for certiorari to review that judgment and also for certain supervisory relief. 361 So.2d 879.

Picou, a resident of Belle Chasse in Plaquemines Parish, filed his notice of candidacy for the office of school board, La. R. S. 18:463 (1976), with the parish clerk of court, La. R. S. 18:462, a proper qualifying official for local candidates. The notice of candidacy was held to be deficient because he designated the ward number of the school board position he sought in accordance with a parish regulation which had been invalidated by the federal courts. However, in the light of the federal invalidation of the parish regulation, a different ward number for the Belle Chasse district would be correct.

The true issue of this litigation is whether the defendant Picou had, therefore, "failed to qualify for the primary election in the manner prescribed by law." La. R. S. 18:492(1).

La. R. S. 18:463 requires that the notice of candidacy shall, among other particulars, state "the office he seeks." Arguably, by this incorrect designation of candidacy for the wrong-numbered ward, the candidate did not state such office, as required by the cited statute.

I.

Prior to June 11, 1970, the school board of Plaquemines Parish was composed of ten members, elected from ten single-member districts. Under the ten -ward system, the relator Picou is a resident of Ward 6, in which Belle Chasse is situated.

On July 11, 1970, the school board adopted a resolution by which the school board was composed of five members elected parishwide, but with one member to be a resident of five wards earlier created for parish-government purposes. Under the five -ward system, Belle Chasse is situated in Ward 5.

The relator Picou, stating that he was domiciled in Belle Chasse (and was a duly qualified elector of Ward 5, Section 3B, Parish of Plaquemines), stated in his notice of candidacy that he qualified as "a candidate in the Primary Election to be held on the 16th day of September, 1978, for election to the office of School Board Member, Ward 5, Plaquemines Parish." (Italics ours.)

If the five -ward system were still in effect, this notice of candidacy of July 14, 1978 undoubtedly complied with legal requirements for qualifying as a candidate for the school board from the district (Ward 5) which included Belle Chasse, the relator's place of domicile.

However, before the qualifying date, the federal courts had invalidated the June 11, 1970 resolution for at large-elections for the five-ward system and had enjoined implementation of any method of electing school board members other than from the ten-ward system in effect prior to June 11, 1970. Broussard v. Perez, 416 F.Supp. 584 (E. D. La. 1976), affirmed 572 F.2d 1113 (C.A. 5 1978). By virtue of this decree, as to which no stay order has been issued, Belle Chasse is in Ward 6 (not Ward 5, his *876 designated ward in his notice of candidacy[1]) for school board election purposes.

Because the federal court order applied only to school board elections, Belle Chasse was situated in Ward 5 for certain local-government election purposes (Parish Council, for instance) where the five-ward system applied, and in Ward 6 for other purposes (the school board, for instance) where the ten-ward system applied.

The relator Picou filled out his notice of candidacy by reference to the registration certificate which had been issued to him by the parish registrar of voters. This shows that he is registered to vote in Ward 5. He and a companion testified that they asked the clerk of court, with whom they qualified, if the ward reflected by the registration certificate was correct for the notice of candidacy. That official did not recall the query and did not think it had been made.

II.

In this court, the relator Picou concedes that — since no stay order was obtained of the federal court appellate decree of May 12, 1978 invalidating the five -ward system —, the ten -ward system applies to the primary election of September 16, 1978, for which he qualified as a candidate for the school board for the ward (incorrectly designated by him as Ward 5) in which Belle Chasse, his domicile is located.

He argues, however, that in view of his unmistakable intent to qualify for the Belle Chasse school board position, as well as of the understandable confusion as to the correct numerical designation of that district, his notice of candidacy should be held to be in substantial compliance with the requirements of La. R. S. 18:463; and he requests supervisory relief so decreeing.

The record reflects the official confusion and the lack of official information available to the public concerning the correct designation of the ward-number for the school board election scheduled to be held September 16, 1978.

The two incumbent school board members up for reelection had, on July 12 (the same date as Picou qualified, who testified he qualified for the "Ward 5" position in reliance upon this), registered in accordance with their ward numbers under the five-ward system. The clerk of court testified that he had not seen the federal decree enjoining election under any other system than the ten-ward system[2] until 4:45 p. m. on July 14, fifteen minutes before the qualifying time closed. The president of the board of election supervisors (who was also president of the parish governing body) stated that, when the incumbent Kent brought his notice of candidacy to him after he had first qualified on July 12, he became concerned because of his knowledge of the federal-court decree (in the proceedings to which he was a party); therefore, he consulted the school board attorney and advised Kent to re-qualify under the ten-ward system.[3] We note that both the clerk of court and the president of the board of election supervisors (along with the secretary of the latter) are the election officials with whom local candidates must qualify for election. La. R. S. 18:462(B).

Additionally, because of conflicting application of the five-ward and the ten-ward systems to various local offices, a parish voter is in effect registered in each system's *877 ward classifications. The registrar's certificate issued to the relator Picou shows him to be registered in Ward 5, Precinct 3B (i. e., under the five-ward system). Nevertheless, the registrar's certificate introduced in evidence (but not issued to Picou) shows that he is a registered voter in both Ward 5 of the five-ward system and Ward 6 of the ten-ward system.[4]

The official confusion that surrounded the issue is illustrated by the actions of the incumbent, Robert Kent, a school board member for twelve years, who wis

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