§ 18:1401 — Objections to candidacy; contests of elections; contests of certification of recall

Louisiana § 18:1401

• Jurisdiction: Louisiana
• Title 18: Conservation

Text

§1401. Objections to candidacy; contests of elections; contests of certification of recall
petition; parties authorized to institute actions; penalties
A.(1) A qualified elector may bring an action objecting to the candidacy of a person
who qualified as a candidate in a primary election for an office in which the plaintiff is
qualified to vote.
(2) A qualified elector may bring an action objecting to the candidacy of a person
who is unaffiliated with a recognized political party pursuant to R.S. 18:441(C) who
qualified as a candidate in a general election for a party primary office in which the plaintiff
is qualified to vote.
B. A candidate who alleges that, except for substantial irregularities or error, or
except for fraud or other unlawful activities in the conduct of the election, the candidate
would have qualified for a second party primary or general election or would have been
elected may bring an action contesting the election.
C. A person in interest may bring an action contesting any election in which any
proposition is submitted to the voters if he alleges that except for irregularities or fraud in the
conduct of an election the result would have been different.
D. A qualified elector may bring an action objecting to the calling of a special
election to fill a vacancy if he alleges that no special election should have been called or that
the special election was called on an improper day.
E.(1) A public officer whose recall is sought may bring an action contesting the
certification of the recall petition certified pursuant to R.S. 18:3 and Chapter 6-C of this
Title.
(2) The chairman or vice chairman listed on the recall petition may bring an action
contesting the certification of the recall petition certified pursuant to R.S. 18:3 and Chapter
6-C of this Title.
F. A public officer who alleges that except for substantial irregularities or error or
except for fraud or other unlawful activities in the conduct of the election he would not have
been recalled may bring an action contesting the election.
G. Upon a determination that a candidate knowingly attested to false information in
a notice of candidacy, the court shall assess court costs and attorney fees, and the court may
impose any other sanctions the court deems appropriate against the candidate.

Legislative History

Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1980, No. 564, §1, eff. July 23, 1980; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2010, No. 570, §1, eff. Jan. 1, 2011; Acts 2010, No. 621, §1; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2024, 1st Ex. Sess., No. 1, §1, eff. See Act; Acts 2024, No. 640, §§1, 2, eff. See Act; Acts 2025, No. 80, §1, eff. June 4, 2025; Acts 2025, No. 386, §§ 3, 4, 7, eff. June 20, 2025 .