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Louisiana Statutes § 18:1401 Objections to candidacy, contests of elections, contests of certification of recall petition; parties authorized to institute actions

⤴ Up to Part I: Procedure for Objections to Candidacy and Election Contests

Statute Text

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, he 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.

Source

Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by 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.

History

Amended by Acts 2024 , No. 640 , s. 1 , eff. 8/1/2025 , for the purposes of qualifying for elections in 2026 and for other activities and requirements related to the conduct of elections in 2026; for all other purposes, 1/1/2026.

Amended by Acts 2024EX1 , No. 1 , s. 1 , eff. 1/1/2026 .

Acts 1976, No. 697, §1, eff. 1/1/1978 . Amended by Acts 1980, No. 506, §1, eff. 1/1/1981 ; Acts 1980, No. 564, §1, eff. 7/23/1980 ; Acts 1989, No. 662, §8, eff. 7/7/1989 ; Acts 1999, No. 254, §1, eff. 1/1/2000 ; Acts 2006, No. 560, §1, eff. 1/1/2007 ; Acts 2010 , No. 570 , § 1 , eff. 1/1/2011 ; Acts 2010 , No. 621 , § 1 ; Acts 2012 , No. 138 , § 1 , eff. 5/14/2012 .

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Prior Versions of This Statute