Wall v. Democratic Representative District Committee for District 15

317 So. 2d 308, 1975 La. App. LEXIS 3437
CourtLouisiana Court of Appeal
DecidedAugust 28, 1975
DocketNos. 12785, 12786
StatusPublished
Cited by2 cases

This text of 317 So. 2d 308 (Wall v. Democratic Representative District Committee for District 15) 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
Wall v. Democratic Representative District Committee for District 15, 317 So. 2d 308, 1975 La. App. LEXIS 3437 (La. Ct. App. 1975).

Opinion

PRICE, Judge.

This is an appeal from the judgment rendered by the district court in two consolidated suits brought by plaintiff objecting to the candidacy of the defendants in a forthcoming election. In compliance with the provisions of R.S. 18:364 requiring disposition of cases of this type within twenty-four hours after submission, we orally affirmed the judgment of the trial court declaring the defendants ineligible and disqualified to be a candidate in the November 1, 1975 primary election for the House of Representatives for District 15.

In written reasons for judgment the trial judge has concisely stated the issues and factual background giving rise to these actions. As we agree with the reasons ad[310]*310vanced by him for his decision, we find it appropriate under the circumstances to adopt the substantial portion of his reasons as our opinion in this matter, as follows :

“These two suits have been consolidated for trial because the basic issue of law is the same and the facts are not dissimilar.

“Shady Wall, a qualified elector and a candidate for the office of state representative from District IS of Ouachita Parish has filed an objection to the candidacy of Herbert E. Henry and Ralph H. Marri-oneaux on the basis that they failed to comply with the provisions of R.S. 18:391 in that they did not file a written notification of their intention to become a candidate accompanied by a declaration under oath that to the best of their knowledge and belief they are duly qualified electors under the Constitution and laws of this state.

“Made parties defendant are Herbert E. Henry, Ralph H. Marrioneaux and the Democratic Representative District Committee for District IS.

“The two individual defendants filed exceptions of no right of action urging that Mr. Wall was without authority to object to the candidacy of the two defendants on a question of procedure, as is involved here. While agreeing that he could validly object on questions of substance, they suggest that the only one entitled to object to procedural matters is the District Committee.

“R.S. 18:396 provides in part:

‘Any person who has filed his application to become a candidate or any other qualified elector may object to the candidacy of any other person. The objection . shall be in writing and by petition and shall contain, in detail, the reasons for the objection . . . ’

“It was established that the plaintiff is a qualified elector and also has filed his application to become a candidate. There is no other qualification required by the statute nor is there any mention of any specific grounds which must be alleged.

“While no case exactly in point was cited to the court, there are at least two cases in which the courts have been required to rule on objections to candidates: Rousseau v. Democratic Parish Executive Committee for Parish of St. Martin, 164 So. 175 (1st Cir. 1935), Writ Refused 165 So. 166 and Hardy v. Jackson, 253 So.2d 647 (2nd Cir. 1971).

“In the former case the objection was based on procedural grounds and in the latter on substantive grounds. In neither case was the plaintiff’s right to file the suit challenged and the court did not of its own motion consider the question. The challenges were accepted without comment.

“Since neither the statute which has been on the books for over forty years nor the jurisprudence has limited the reasons to be urged by certain objectors, the court does not consider that it has the authority to impose such a limitation as is herein urged.

“The exception in each case is, therefore, overruled.

“It is noted that the Democratic Committee, also named a defendant in each suit, did not file such an exception.

“The main issue in each case is the validity of the ‘declaration under oath’ which each candidate is required by R.S. 18:391 to file.

“As first enacted in 1930 the statute setting forth the documents which each candidate must file with the Democratic Committee did not require the ‘declaration’ to be ‘under oath’, but in 1932 the legislature added these words and they have been with us continuously to date.

“Unfortunately there is no statutory authority dealing with the formality which [311]*311must be observed in order to constitute a declaration under oath.

“In 1935 the First Circuit Court of Appeal considered the first case brought under this section, the Rousseau case, cited supra. There the objection was levelled at the fact that although the candidate knew what he was doing and was mindful of the seriousness of the occasion, the notary public before whom he had signed the declaration hadn’t made him take oath. Rousseau had merely signed the paper attached to the notification without having been actually sworn.

“The court quoted from Ruling Case Law with approval:

‘But while a large liberty is thus given to the form of the oath, some form remains essential. Something must be present to distinguish between the oath and the bare assertion. An act must be done and clothed in such form as to characterize and evidence it. This is so for the double reason that only by some unequivocal form could the sworn be distinguished from the unsworn averment and the sanctions of religion add this solemn and binding force to the act. Hence to make a valid oath, there must be in some form in the presence of an officer authorized to administer it, an unequivocal and present act by which an affiant consciously takes upon himself the obligation of an oath.’ (Emphasis supplied)

“The court noted that notaries public have the right to administer oaths. And it found that in signing the declaration before the notary he intended to take a formal oath and did so within the purview of the law. The formality of actually being sworn by the notary was held not important.

“The Supreme Court in declining to review the case said:

‘If a strict interpretation is placed upon the language of the Primary Election Law (Act No. 97 of 1922, as amended), and the notice of intention to become a candidate and the affidavit accompanying the notice are considered in that light, the candidate has not properly qualified. But, in previous decisions of this court, we have repeatedly said that, since the right of the people to choose their public officials is indirectly affected, and this being the fundamental principle involved in all elections, a liberal construction should be placed upon the provisions of the statute.
‘The Court of Appeal treated the case in a liberal manner, which was in accordance with the announced policy of this court. Therefore, its judgment is correct . . . . ’

“In the instant cases there was no notary public present when these defendants executed their declarations. Each took his papers to J. R. Preddy, chairman of the committee, and in his presence executed their signatures, although each knew that on the face of the papers the signature of a notary was required. In fact, Henry a few years back had been a notary himself.

“In the case of Ralph Marrioneaux, Preddy after reminding him of the necessity of his signature being notarized made a telephone call requesting that a notary be sent to his office for that purpose.

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317 So. 2d 308, 1975 La. App. LEXIS 3437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wall-v-democratic-representative-district-committee-for-district-15-lactapp-1975.