Smith v. Warren

253 So. 3d 260
CourtLouisiana Court of Appeal
DecidedAugust 6, 2018
DocketNO. 18-CA-453
StatusPublished
Cited by2 cases

This text of 253 So. 3d 260 (Smith v. Warren) 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
Smith v. Warren, 253 So. 3d 260 (La. Ct. App. 2018).

Opinion

CHAISSON, J.

This case arises out of an objection to the candidacy of Raven Warren for School Board Member, District 6, in St. John the Baptist Parish, which election is to be held on November 6, 2018. Ms. Warren appeals the judgment of the trial court that sustained the objection of Chalander Smith, thereby disqualifying Ms. Warren from the election and striking her name from all pertinent ballots. For the reasons that follow, we reverse the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

On July 20, 2018, Ms. Warren timely filed an official notice of candidacy with the Clerk of Court for St. John the Baptist Parish, indicating her intent to submit herself as a candidate for election to the St. John the Baptist Parish School Board as a representative of District 6. In her notice of candidacy, Ms. Warren certified that she was domiciled at 36 Moss Drive, LaPlace, Louisiana, which property is situated within School Board District 6.

On July 27, 2018, Ms. Smith filed a petition challenging Ms. Warren's candidacy, alleging that Ms. Warren failed to meet the domicile requirements of La. R.S. 52(E)(1), specifically citing La. R.S. 18:492(A)(3), failure to meet the qualifications of the office, as the basis for her challenge.1 Ms. Smith's challenge was tried *262on July 31, 2018. At the conclusion of Ms. Smith's case-in-chief, Ms. Warren moved for an involuntary dismissal of Ms. Smith's challenge on the basis that she had not sustained her burden to make a prima facie showing that Ms. Warren was not domiciled within District 6 and therefore not qualified to run for the school board seat for that district. The trial judge, stating that he was "not convinced either way of the evidence just yet," denied Ms. Warren's motion for involuntary dismissal, and Ms. Warren proceeded to present her defense.

On August 1, 2018, the trial court rendered judgment disqualifying Ms. Warren from running in the election. In its reasons for judgment, the trial court specifically found that although Ms. Warren was no longer domiciled at 36 Moss, she was in fact still domiciled within District 6, albeit it at other various addresses within the district, at the time of, and for the year preceding, her qualification for the election. The trial court held that Ms. Smith failed to meet her burden of proof and therefore declined to disqualify Ms. Warren pursuant to La. R.S. 18:492(A)(3) on the basis that she does not meet the qualifications for the office she seeks in the primary election. However, the trial court further found that because Ms. Warren was not domiciled at 36 Moss at the time of her qualification, the information on her notice of candidacy regarding domicile was "not accurate," and because she admitted to "residing at Williamsburg on the date of qualification," she was aware that her statement regarding domicile was a "false statement." On this basis, the trial court disqualified Ms. Warren from running in the election.

Ms. Warren now appeals the trial court's judgment, raising the following assignments of error:

1) The trial court erred in disqualifying her on grounds that she falsified her domicile address in her notice of candidacy;
2) The trial court erred by denying her motion for involuntary dismissal; and
3) The trial court erred by extending its inquiry and analysis of her qualifications to run for School Board Member, District 6, after finding that she meets the domiciliary requirements of LSA R.S. 17:52.

DISCUSSION

In an election contest, the person objecting to the candidacy bears the burden of proving the candidate is disqualified. La. R.S. 18:492 ; Russell v. Goldsby, 00-2595 (La. 9/22/00), 780 So.2d 1048, 1049-51 ; Messer v. London , 438 So.2d 546, 548 (La. 1983). The laws governing the conduct of elections must be liberally interpreted so as to promote rather than defeat candidacy. Russell,supra. The purpose of the notice of candidacy is to provide sufficient information to show a candidate is qualified to run for the office he seeks. Senegal v. Obafunwa, 99-1449, 99-1450 (La. App. 3 Cir. 9/27/99), 745 So.2d 74, 76. Any doubt as to the qualifications of a candidate should be resolved in favor of permitting the candidate to run for public office. Dixon v. Hughes, 587 So.2d 679 (La. 1991).

Although Louisiana law favors candidacy, once an objector makes a prima facie showing of grounds for disqualification, the burden shifts to the defendant to rebut the showing. Landiak v. Richmond, 05-0758 (La. 3/24/05), 899 So.2d 535, 541-2. In Landiak , the Louisiana Supreme Court further explained a plaintiff's burden in an election contest as follows:

Generally, the legal term "burden of proof" "denotes the duty of establishing by a fair preponderance of the evidence *263the truth of the operative facts upon which the issue at hand is made to turn by substantive law." Black's Law Dictionary (8th ed). Under Louisiana's civil law, the "burden of proof" may shift back and forth between the parties as the trial progresses. Therefore, when the burden of proof has been specifically assigned to a particular party, that party must present sufficient evidence to establish the facts necessary to convince the trier of fact of the existence of the contested fact. Stated another way, the party on which the burden of proof rests must establish a prima facie case. If that party fails to carry his burden of proof, the opposing party is not required to present any countervailing evidence. On the other hand, once the party bearing the burden of proof has established a prima facie case, the burden then shifts to the opposing party to present sufficient evidence to overcome the other party's prima facie case.

Id. at 542.

At the conclusion of Ms. Smith's case-in-chief, Ms. Warren moved for an involuntary dismissal on the basis that Ms. Smith had failed to establish a prima facie case. A motion for involuntary dismissal is governed by La. C.C.P. art. 1672, of which subsection (B) provides:

In an action tried by the court without a jury, after the plaintiff has completed the presentation of his evidence, any party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal of the action as to him on the ground that upon the facts and law, the plaintiff has shown no right to relief.

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Bluebook (online)
253 So. 3d 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-warren-lactapp-2018.