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LEGAL ISSUES IN THE MAYOR PERKINS' DISQUALIFICATION CASE: A GUIDE

The Louisiana Supreme Court will hear this case on Tues. Aug. 16 at 2 p.m.

The hearing will be streamed at https://livestream.lasc.org/,

Each side will have 30 minutes for argument. 

The Justices  are expected to ask numerous questions of the attorneys, interrupting them in the presentation of their cases.

The lead counsel for Mayor Perkins is Scott Bickford from NOLA.

Lead counsel for Frances Deal who challenged Perkins is Shreveport attorney Jerry Harper.

The arguments of counsel and questions by Justices will make references to many points of law and legal authorities. 

The parties stipulated to the following facts that existed when Perkins filled out a Notice of Candidacy fo the office of mayor:

a. Perkins voter registration listed Stratmore as his residence 

b. the Notice of Candidacy listed Stratmore as his residence

c. Perkins filed for a homestead exemption on a condo on Marshall Street in 2019.

d. after the qualification period ended, Perkins changed his voter registration to his Marshall Street address. 

Here are some references that may help a viewer "follow the action" at the hearing:

1.  The Shreveport city charter requires that a candidate for mayor be a "qualified elector and resident of the city of Shreveport." The charter does not define  "resident" or "qualified elector."

2. La.R.S. 18:101 sets forth the requirements for voter registration. Section B defines "resident" and provides that if a person claims a homestead exemption, then he shall register and vote in the precinct in which the homestead exemption is claimed.

3. La.R.S. 18:191 provides a voter registration is in effect until cancelled by cause . 

4. La. R.S. 18:193 sets forth the procedure for cancellation of a voter registration. 

5.La.R.S. 18:461 (A)(1) provides that a person qualifies as a candidate by filing a notice of candidacy.

6. La.R.S. 18:463 (A)(1)(a) provides that a notice of candidacy shall include the candidate's address of his domicile and the parish, ward and precinct where the candidate  is registered to vote. Another subsection provides that a candidate must be registered and vote in the precinct where he files a homestead tax exemption.

7. La R.S. 18:492 sets forth the grounds for objecting to candidacy. Section A (1) is the failure to qualify in the manner prescribed by law. Section A (3) is the failure to meet the qualifications for the office.

8.  The Perckle case was a Fifth Circuit case that disqualified a candidate on a homestead exemption issue.

9. The Seller case is a Second Circuit case that disqualified a candidate on basis of voter registration in precinct of residence. The Seller's court followed the Perckle holding. The Second Circuit  denied Perkin's appeal of his disqualification by the Caddo District Court.

10. The Pancpinto case is First Circuit case that also disqualified a candidate on basis of a homestead exemption that was not in the precinct in which he was registered. This case relied on Sellar and Perckle.

11. The Trosclair case is a Fifth Circuit case that disqualified a candidate for misstating his political party affiliation.

12. The Keifer and Ellsworth cases are from the Fourth Circuit. These cases  did not disqualify candidates who had false information in their notices of candidacy. 

THE SUPREME COURT JUSTICES WILL MOST LIKELY QUESTION THE ATTORNEYS ON THESE STATUTES AND CASES, AS WELL AS OTHER STATUTES AND CASES.

THIS GUIDE IS INTENDED TO BE JUST THAT-- A GUIDE TO HELP KEEP UP WITH THE ARGUMENTS, QUESTIONS TO COUNSEL AND THEIR RESPONSES.

IT HAS NOT BEEN REVIEWED BY THE ATTORNEYS OF RECORD, NOR BY A PRACTISING ATTORNEY. 

ANY INACCURACIES AND/OR OMISSIONS CAN BE CHALKED UP TO JOURNALISTIC PRIVILEGE AND/OR IGNORANCE.

THIS  GUIDE IS BASED UPON A READING  OF THE BRIEFS FILED WITH THE LOUISIANA SUPREME COURT. 

THIS GUIDE DOES NOT PROVIDE ANY LEGAL ANALYSIS OF THE BRIEFS, ANY STATUTORY LAW AND/OR CASE DECISIONS.

IF REQUESTED, THE BRIEFS CAN BE EMAILED.