Philip A. Callais v. Nancy Landry, in her capacity as Louisiana Secretary of State, Sherri Wharton Hadskey, in her capacity as Commissioner of Elections

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COURT OF APPEAL, FIRST CIRCUIT

PHILIP A. CALLAIS NO. 2024 CW 1005

VERSUS

NANCY LANDRY, IN HER
OFFICIAL CAPACITY AS
LOUISIANA SECRETARY OF
STATE, SHERRI WHARTON
HADSKEY, IN HER OFFICIAL
CAPACITY AS COMMISSIONER OF
DECEMBER 23, 2024
ELECTIONS

In Re: Nancy Landry, in her official Louisiana
capacity as

Secretary of State, and Sherri Wharton Hadskey, in her
official capacity as Commissioner of Elections, applying
for supervisory writs, 19th Judicial District Court,
Parish of East Ba E
- on Rouge, No. 753349.

BEFORE: MCCLENDON, WELCH, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The district court' s October 15,
2024 judgment which denied the exception of
insufficiency of
service of process
filed by defendants is reversed. While not

using the word " unconstitutional", the petition did allege that
the Election Code does not provide for certain matters which are
mandated by Article XI, Section 2 of the Louisiana Constitution,
and at the hearing on this exception, counsel for plaintiff
acknowledged he would be alleging unconstitutionality of some

statutory provisions. The writ is granted for the limited purpose
of remanding this matter to the district court with instructions
to order plaintiff to serve the petition upon the attorney general
of the state in accordance with Article 1314. See La. Code Civ.
P. art. 855. 1.

PMC
JEW
WIL

COURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COUR
FOR THE COURT