Strong v. Breaux

612 So. 2d 111, 1992 WL 374011
CourtLouisiana Court of Appeal
DecidedSeptember 17, 1992
Docket92 CA 1768
StatusPublished
Cited by5 cases

This text of 612 So. 2d 111 (Strong v. Breaux) 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
Strong v. Breaux, 612 So. 2d 111, 1992 WL 374011 (La. Ct. App. 1992).

Opinion

612 So.2d 111 (1992)

Fred Clegg STRONG
v.
John B. BREAUX.

No. 92 CA 1768.

Court of Appeal of Louisiana, First Circuit.

September 17, 1992.

James J. Morrison, New Orleans, for Fred Clegg Strong.

Joseph P. Brantley, Paul D. McKay, John M. Tarver, Theodore Jones, Baton Rouge, for John Breaux.

Before LOTTINGER, C.J., WATKINS and SHORTESS, CARTER, CRAIN, LeBLANC, FOIL, GONZALES and WHIPPLE, JJ., and COVINGTON, J. Pro Tem.[*]

PER CURIAM.

This is a suit objecting to the candidacy of the Honorable John B. Breaux, an incumbent United States Senator for Louisiana, for the position of United States Senator for Louisiana. From judgment maintaining the peremptory exception raising the objection of no cause of action, plaintiff appeals.

FACTS

In his petition, plaintiff alleges that John B. Breaux does not meet the qualifications of United States Senator for the State of Louisiana because he is not an inhabitant of the State of Louisiana within the meaning of Article I, Section 3, clause (3) of the United States Constitution and identical language in La.R.S. 18:1275(A). Further, it is alleged that Breaux is an infrequent casual visitor to Louisiana, that his home is in the Washington, D.C. area, that since 1967 Breaux has been a resident of and an inhabitant of the Washington, D.C. area, and that the address Breaux used to qualify is the home address of his father.

The petition further alleges that Breaux failed to state the correct address in his notice of candidacy, that the notarization of Breaux's notice of candidacy is defective for various reasons, that the witnesses to the notice of candidacy are not qualified as such, that the notice of candidacy form does not clearly state the payment of qualifying *112 fees, and that the notice of candidacy does not clearly show that it was filed before the Louisiana Secretary of State or his properly designated employee. (For more detail of allegations, see copy of petition as well as copy of Senator Breaux's notice of candidacy attached to the petition attached hereto as Addendum No. 1.)

TRIAL COURT

The defendant, the Honorable John B. Breaux, filed the peremptory exception raising the objection of no cause of action. The basis of the exception is that plaintiff alleged no facts, which if assumed true, would establish defendant failed to qualify for the primary election in the manner prescribed by law or failed to meet the qualifications thereof. The trial court maintained the exception.

The defendant also requested costs, attorney fees, and damages pursuant to La. R.S. 18:1432(B). Additionally, defendant filed a motion for sanctions pursuant to Louisiana Code of Civil Procedure article 1473.

The trial court denied the request for attorney fees but cast plaintiff for all costs.

I.

In ruling on the peremptory exception raising the objection of no cause of action, the court must presume the correctness of all well pleaded allegations of fact in the petition, and must determine if the facts of the petition present a case that legally entitles plaintiff to the relief sought. Delta Bank and Trust Co. v. Lassiter, 383 So.2d 330 (La.1980).

II.

Basically, plaintiff alleges that John B. Breaux is not an inhabitant of the State of Louisiana.

The United States Constitution in Article I, Section 3, clause 3 provides:

No Person shall be a Senator who shall not have attained to the Age of thirty years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

(Emphasis by the Court).

The qualifications prescribed by this clause are exclusive and neither a state constitution nor state law can add to nor take away from such qualifications. Stack v. Adams, 315 F.Supp. 1295 (D.C.Fla.1970).

As we read the qualifications for United States Senator as prescribed in the United States Constitution, an individual shall be an inhabitant of the state from which he is chosen when elected. We find no requirement therein that the candidate be an inhabitant of the state when he qualifies to run for the office. Thus, we conclude the allegations concerning inhabitancy cannot state a cause of action prior to the election.

III.

As to plaintiff's third and fourth causes of action,[1] they make no specific allegations that the persons signing as notary and the witnesses do not meet the qualifications required by law. Plaintiff merely alleges that proof of these requirements be furnished. The law does not require affirmative proof of qualifications of the notary and witnesses. Lacking specific allegations as to lack of qualifications, no cause of action can be stated. As to the fifth and sixth causes of action, we reiterate that plaintiff attached a copy of the Breaux qualifying form to his petition. For purposes of the exception of no cause of action, well-pleaded facts in the petition and any annexed documents must be accepted as true. Kuebler v. Martin, 578 So.2d 113 (La.1991). This form acknowledges receipt of $900.00 by Robert R. Courtney, First Assistant Secretary of State. No cause of action can be stated here either.

IV.

The defendant has neither appealed nor answered the appeal seeking modification of the trial court judgment denying damages *113 and attorney fees. Thus, we cannot entertain the defendant's request for same.

Therefore, for the above and foregoing reasons, the judgment of the trial court if affirmed at plaintiff-appellant's costs.

AFFIRMED.

ADDENDUM NO. 1[*]

19TH JUDICIAL DISTRICT COURT

PARISH OF EAST BATON ROUGE

STATE OF LOUISIANA

DIVISION 384908

NO: ___

DOCKET NO. ___

Fred Clegg Strong, Plaintiff

versus

John B. Breaux, Defendant

Honorable W. Fox McKeithen, Individually and in his Capacity as Secretary of State for the State of Louisiana, Defendant; and

Honorable Jerry Fowler, Individually and in his Capacity as Commissioner of Elections and Registration, State of Louisiana, Defendant

FILED: _________

DEPUTY CLERK: _________

PETITION TO OBJECT TO CANDIDACY FOR THE UNITED STATES SENATE AND REQUEST FOR PRODUCTION OF DOCUMENTS

TO THE HONORABLE JUDGES OF THE 19TH JUDICIAL DISTRICT COURT FOR THE PARISH OF EAST BATON ROUGE:

The Petition of Fred Clegg Strong, a person of the full age of majority and domiciled in the Parish of Orleans, State of Louisiana, with respect represents:

I.

STANDING TO BRING ACTION

Fred Clegg Strong, plaintiff herein, pursuant to the provisions of LSA R.S. 18:491, objects to the candidacy of John B. Breaux, a person who qualified as a candidate in a primary election scheduled for October 3, 1992 for the office of United States Senator from the State of Louisiana. Fred Clegg Strong is a registered voter qualified to vote in the primary election scheduled October 3, 1992.

II.

JURISDICTION AND VENUE

This action is brought in the 19th Judicial District Court for the Parish of East Baton Rouge, a court of competent jurisdiction under the Louisiana Election Code, Title 18, LSA R.S. Sec. 1403. Venue is proper under LSA R.S. 18:1404.

III.

NECESSARY AND INDISPENSABLE PARTIES

The following persons are proper parties against whom this action may be instituted objecting to the candidacy of John B.

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

Related

Eames v. Schedler
199 So. 3d 1170 (Louisiana Court of Appeal, 2016)
Eugene v. Davenport
150 So. 3d 56 (Louisiana Court of Appeal, 2014)
Richmond v. Landrieu
150 So. 3d 43 (Louisiana Court of Appeal, 2014)
LaCombe v. McKeithen
887 So. 2d 48 (Louisiana Court of Appeal, 2004)
Thorsted v. Gregoire
841 F. Supp. 1068 (W.D. Washington, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
612 So. 2d 111, 1992 WL 374011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strong-v-breaux-lactapp-1992.