Leslie C. Thompson, Danetta C. Hayes, Devin Flowers and Henry Bradley v. Tina Cockerham

Judgment rendered August 29, 2023.
Application for rehearing may be filed
within the delay allowed by Art. 2166,
La. C.C.P.

No. 55,513-CA

COURT OF APPEAL
SECOND CIRCUIT
STATE OF LOUISIANA

*****

LESLIE C. THOMPSON, Plaintiffs-Appellees
DANETTA C. HAYES, DEVIN
FLOWERS AND HENRY
BRADLEY

versus

TINA COCKERHAM Defendant-Appellant

*****

Appealed from the
Second Judicial District Court for the
Parish of Jackson, Louisiana
Trial Court No. 37,250

Honorable William R. Warren, Judge

*****

JEFFREY M. LANDRY Counsel for Appellant
Attorney General

CAREY THOMPSON JONES
JEFFREY M. WALE
Assistant Attorneys General

GEORGE W. BRITTON, III Counsel for Appellees

*****

Before STONE, COX, and THOMPSON, JJ.

STONE, J., concurs with written reasons.

THOMPSON, J.,

This appeal arises from a recall petition seeking to remove James

Harris, Mayor of the Town of Jonesboro, from office. Tina Cockerham, the

Registrar of Voters for Jackson Parish, appeals the judgment of the trial

court denying her exception of no cause of action and ordering her to return

49 names to the recall petition and to forward the petition of recall to the

Governor of Louisiana. For the following reasons, we reverse the judgment

of the trial court.

FACTS

On January 3, 2023, a recall petition for the removal of James Harris,

Mayor of Jonesboro, was filed with the Louisiana Secretary of State by

Leslie C. Thompson, as chairman and Danettia C. Hayes, as vice chairman

listed on the recall petition. On a date not otherwise disclosed on this

record, the recall petition was presented to Tina Cockerham (“Cockerham”),

the Registrar of Voters for Jackson Parish in accordance with La. R.S.

18:1300.1, et seq.1 Pursuant to La. R.S. 18:3 and 18:1300.3(A), Cockerham

reviewed the recall petition, which contained 811 potential electors’

signatures, and ultimately disqualified 134 of those signatures from the

recall petition for failing to meet the requirements of La. R.S. 18:3 of being a

registered voter or not residing within the election voting area, or not

including accurate date of birth information. Of the 134 signatures

disqualified, 49 were disqualified on the basis that the actual signature on the

recall petition did not match the signature on the electors’ voter registration

1
Documentation in the record from the registrar’s office contains a date of June
26, 2023.

card, as required by La. R.S. 18:3.2 The number of verified signatures

required to trigger the recall sought by petitioners was 694, or 33⅓ percent,

of the registered voters of the voting area, as set forth in La. R.S.

18:1300.2(B)(3)(a). With the disqualification of 134 of the signatures, the

total number of verified signatures fell to 677, which is insufficient to satisfy

the threshold requirement for the recall. The record evidence does not

disclose whether Cockerham certified the petition and forwarded it to the

governor, although neither party has contested this fact.

On August 15, 2023, a group of voters, including the chairman and

vice-chairman (“plaintiffs” herein), who signed the recall petition, filed a

“Petition for Writ of Mandamus” in the trial court seeking to compel

Cockerham, as the sole named defendant, to “certify” the 49 “non-matching”

signatures in accordance with La. R.S. 18:1300.3(D).3 Plaintiffs alleged that

Cockerham had the ministerial duty to certify all qualified electors who

signed the recall petition and “may be compelled” to certify all qualified

electors. Thus, plaintiffs prayed that Cockerham be directed to certify the 49

registered voters who signed the petition and resubmit the petition to the

Governor’s office for proclamation to proceed with the recall of James

Harris.

2
In pleadings filed in the trial court, plaintiffs stated that the recall petition
contained 811 signatures, of which they needed 693 electors to force a recall election.
Plaintiffs alleged that Cockerham disqualified 16.9% (134) of the electors who signed the
petition. Cockerham has also alleged that with the 49 signatures restored, the total
number of signers would be sufficient to trigger a recall.
3
Pursuant to La. R.S. 18:1402, as a statutorily-mandated party, the Louisiana
Secretary of State should have been named as a defendant in this matter. Under La.
C.C.P. art. 927, however, it is discretionary with this Court to notice the nonjoinder of a
party on its own motion. In light of this Court’s reversal of the trial court’s judgment on
the merits, we find it unnecessary to act on this issue.

2

On August 17, 2023, Cockerham filed an “Exception of No Cause of

Action on Behalf of the Registrar of Voters,” challenging the request for

mandamus in this matter. Cockerham alleged that plaintiffs failed to state a

cause of action that would entitle them to relief on a writ of mandamus

because the duty assigned to the registrar in reviewing signatures on a recall

petition under La. R.S. 18:3 contains an “element of discretion that defeats

the right to mandamus.” Cockerham asserted that her act of verifying

signatures was an exercise of her discretion in judging whether the signature

on the petition appeared to be that of the voter. Cockerham argued that the

exercise of that discretionary function was fatal to the petition for mandamus

which is not available to command the performance of any discretionary act

or where the evaluation of evidence must be exercised. Citing Pineville City

Court v. City of Pineville, 22-00336 (La. 1/27/23), 355 So. 3d 600,

Cockerham argued that in cases where a mandamus will not lie, the

peremptory exception of no cause of action is the proper vehicle to defeat an

application for writ of mandamus.4

By orders of the trial court, the hearings on both the petition for writ

of mandamus and the exception of no cause of action were set for 9:30 a.m.

on August 18, 2023.

At the hearing, counsel for the parties first argued the merits of the

exception of no cause of action. Cockerham reasserted her argument that

her act of refusing to verify some signatures was an exercise in discretion or

a judgment call for which mandamus did not lie. Thus, she asserted that any

4
On August 18, 2023, Plaintiffs responded with a memorandum in support of writ
of mandamus and therein presented arguments for why mandamus was proper.

3

challenge about her actions should have been made in a petition for

declaratory judgment or via an action alleging errors in the registrar’s

judgment.

The plaintiffs provided the trial court with a copy of this Court’s case

of Young v. Sanders, 38,412 (La. App. 2 Cir. 4/7/04), 870 So. 2d 1126, writ

denied, 04-1137 (La. 7/2/04), 877 So. 2d 146, to support the argument that

the registrar of voters had no discretion to eliminate particular names from

the recall petition “based on her arbitrary evaluation of the signature.” In

Young, this Court upheld the trial court’s ruling restoring names to a recall

petition. There the registrar struck the names because they did not look like

the signatures on the voter registration cards. On appeal, this Court affirmed

the trial court’s ruling, while setting forth a jurisprudential procedure for the

registrar’s signature comparison. This Court concluded that the registrar’s

duty was limited to a comparison of the signatures, but “not a comparison of

the hand or writing style” of the voter. Based upon this holding, plaintiffs

contended that the registrar’s duty to verify signatures was ministerial and

that mandamus was proper. In the alternative, plaintiffs also asserted that

the trial court was not bound by the caption of the pleading and that under

the election law, was also authorized to determine whether the registrar

abused her discretion in striking the 49 names at issue. Upon questioning by

the trial court, counsel for plaintiffs stated that based upon the holding of

Young, supra, he would not agree that the registrar had discretion in striking

the names, but again suggested to the trial court that there was an

“alternative” the trial court was not “relegated to saying this is a

mandamus.”

4

Cockerham argued that Young, supra, was an aberration, but conceded

that the case was good law by which the trial court was bound.

Relating to the exception of no cause of action, the trial court initially

ruled:

Well Young does appear to be--does appear to be on point and
it –it—To me in my reading of Young 18:3 gives the registrar
the authority to compare the signatures, but the comparison is to
determine if this person is an elector of this district as opposed
to whether or not this is actually that person’s signature.
Because she’s not a handwriting expert doesn’t give her the
authority to determine whether or not the signature is the
signature of that particular elector. In other words, that’s an
issue that can be raised by –in this case the subject the person
that’s subject to the recall, Mr. Harris. So for those reasons, I
will overrule your exception.

Cockerham then argued to the trial court, that “if she doesn’t have the

authority to strike names on the petition by virtue of the signature review,

then there’s nothing to try.” The trial court stated that the registrar could

strike names if she “determines, well, this person is not an elector or a

voter.” Cockerham agreed that the registrar could strike a name if the

individual was not registered, but argued that the “signature issue” was an

“entirely separate issue,” and that the registrar’s duty regarding signatures

was “to determine whether or not that signature appeared to belong to the

voter whose name was on the petition,” or whether the signatures matched.

The parties jointly introduced J-1 into evidence (the only evidence

introduced at the hearing), a copy of the extracted portions of the petition

where Cockerham rejected the 49 voter signatures with the notation, “Not

Voter Signature.” Further, in lieu of Cockerham’s testimony, the parties

stipulated that if:

Ms. Cockerham were to testify that she would testify that these
names that they have under “Rejected Reason Not Voter

5

Signature” is because, in her opinion, the signatures did not
match.

Solely based on this stipulation and the case of Young, supra, the trial

court again denied the exception and summarily ordered the 49 signatures

which were rejected to be added back to the petition and be verified.” A

written judgment memorializing these rulings followed on August 21, 2023.

Cockerham appeals.

DISCUSSION

On appeal, Cockerham raises three assignments of error. She first

challenges the trial court’s denial of her exception of no cause of action on

grounds that mandamus does not lie in relation to the discretionary duties at

issue. Cockerham also questions whether Young, supra, represents a current

interpretation of La. R.S. 18:3(C) and challenges the trial court’s authority to

order her to return the 49 rejected signatures to the recall certification on the

record before this Court.

Appellees contend that there was no error in the trial court’s ruling,

due to the fact that this case is indistinguishable from Young, supra.

Appellees challenge Cockerham’s authority to reject a person’s handwritten

signature based upon her opinion that the signature does not match and

contend that there is no statutory authority for Cockerham’s refusal to verify

these electors on this ground.

Law

The exception of no cause of action tests the legal sufficiency of the

petition by determining whether the law affords a remedy on the facts

alleged in the pleading. Pineville City Court v. City of Pineville, supra;

State ex rel. Tureau v. BEPCO, L.P., 21-0856 (La. 10/21/22), 351 So. 3d

6

297. The burden of demonstrating that a petition fails to state a cause of

action is on the mover, and a petition should be dismissed for failure to state

a cause of action only when it appears beyond doubt that the plaintiff can

prove no set of facts in support of any claim which would entitle him to

relief. Id. Because the exception of no cause of action raises a question of

law and the trial court’s decision is based solely on the sufficiency of the

petition, review of the trial court’s ruling on an exception of no cause of

action is de novo. Reynolds v. Bordelon, 14-2362 (La. 6/30/15), 172 So. 3d

589. It has long been held that courts should look through

the caption of pleadings in order to ascertain their substance and to do

substantial justice to the parties. Smith v. Cajun Insulation, 392 So. 2d 398

(La. 1980). Louisiana law utilizes a system of fact pleading; no technical

forms of pleading are required. The plaintiff need not plead a theory of the

case, but only facts that would support recovery. Robinson v. Allstate Ins.

Co., 53,940 (La. App. 2 Cir. 5/26/21), 322 So. 3d 381, writ denied, 21-

00906 (La. 10/19/21), 326 So. 3d 264. A pleading may be expanded by

issues actually litigated—by express or implied consent of the parties.

Boone Servs., LLC v. Ascension Par. Gov’t, 21-0524 (La. App. 1 Cir.

12/30/21), 340 So. 3d 1002.

Mandamus is a writ directing a public officer to perform a ministerial

duty required by law. Jazz Casino Company, L.L.C. v. Bridges, 16-1663

(La. 5/3/17), 223 So. 3d 488. An exception of no cause of action is the

appropriate vehicle to determine whether the petitioner has stated a cause of

action for the issuance of a writ of mandamus on grounds that duty involved

7

is discretionary. Pineville City Ct. v. City of Pineville, supra; Hays v.

Volentine, 29,555 (La. App. 2 Cir. 5/7/97), 694 So. 2d 633.

The recall election is a harsh remedy, and the provisions which govern

the recall process must be strictly construed. Hunter v. Jindal, 45,130 (La.

App. 2 Cir. 10/13/09), 20 So. 3d 592, writ denied, 09-2237 (La. 10/15/09),

18 So. 3d 1292.

Regarding the recall petition process, La. R.S. 18:3(D) directs the

registrar of votes as follows:

D. In determining the number of persons signing the petition
who are electors in the voting area for the purpose of certifying
the petition, the registrar shall not include any person who has
not affixed to the petition his signature and the address at which
he is registered to vote, any person whose signature has not
been verified by the registrar, or any person whose name does
not appear on the registrar’s roll of electors. To verify a
signature on a petition, the registrar shall compare the
handwritten signature on the petition with the signature on
the original application card or any subsequent signature in
the records of the registrar, including but not limited to
precinct registers and affidavits filed pursuant to the
provisions of R.S. 18:111(C), or any microfilm, microfiche,
or scanned or electronically captured computerized images
of such documents. If the signatures are sufficiently alike to
identify the person who signed the petition as the person
who is the registered voter, the signature shall be verified.
The signature of an elector shall include the surname under
which the elector is registered to vote. The signature may
include the elector’s surname, first, and middle name, the
initials of his surname, first, and middle name, or any
combination thereof as the form in which his name appears on
the petition, but shall not designate a title, designation, or
deceptive name, nor shall it designate an occupational or
professional description or abbreviation. However, the
signature of a married woman may include her husband’s
surname, first, and middle name, the initials of his surname,
first, and middle name, or any combination thereof, preceded by
the title “Mrs.” as the form in which her name appears on the
petition, but only if she has registered under her husband's name
preceded by the title “Mrs.” (Emphasis added.)

Additionally, La. R.S. 18:1300.3(A) also provides in relevant part:

8

A. The registrar of voters of each parish in the voting area
wherein a recall election is sought shall certify on the recall
petition, within fifteen working days after it is presented to him
for that purpose, the number of names appearing thereon, the
number of qualified electors of the voting area within the parish
whose handwritten signatures appear on the petition, and also
the total number of electors of the voting area within the parish
as of the date of the filing of the petition with the secretary of
state.

The registrar is also required to indicate names appearing on the

petition of individuals who are not electors of the voting area. La. R.S.

18:1300.3(A).

La. R.S. 18:1300.3(D) states:

D. When any officer designated in this Chapter refuses to
execute the certificates provided for, any signer of a recall
petition, or the chairman or vice chairman designated to
represent the signers, may compel the execution of the
certificates by summary process in the district court having
jurisdiction over the officer.

La. R.S. 18:1401(E)(2) allows the chairman or vice chairman listed on

the recall petition to bring an action contesting the certification of the recall

petition certified pursuant to R.S. 18:3, and La. R.S. 18:1409(A)(1)

authorizes such an action to be tried summarily, without a jury, and in open

court.

Analysis

After de novo review, we find no error in the trial court’s ruling

denying Cockerham’s exception of no cause of action. Although originally

filed as a petition for mandamus under La. R.S. 18:1300.3(D), counsel for

plaintiffs orally expanded the pleadings in this matter at the scheduled

hearing, to arguably assert an alternate cause of action contesting the

certification of the recall petition under La. R.S. 18:1401 and 18:1409. To

that end, the trial court allowed the parties to stipulate to the testimony of

9

Cockerham, thereby authorizing this limited evidence to be introduced at the

hearing in this matter. Unfortunately, on the record before this Court, it is

difficult to determine under which provision the trial court ultimately

rendered judgment or whether the trial court peremptorily granted

mandamus in this matter. Considering both counsel’s expansion of the

pleadings as well as the evidence considered by the trial court, we find it

reasonable to construe the trial court’s judgment as a ruling based upon the

alternate theory of recovery and that this matter was properly converted to a

summary procedure for which a cause of action exists. We therefore decline

to disturb the trial court’s ruling denying Cockerham’s exception of no cause

of action.

On the merits of this matter, however, we find merit to Cockerham’s

argument on the remaining assignments of error. In oral reasons for ruling,

the trial court noted its reliance solely on the parties’ stipulation that

Cockerham rejected the signatures, because, in her opinion, the signatures

did not match, and this Court’s 2004 case of Young v. Sanders, supra.

Indeed, the facts of Young are very similar to those at issue in the present

matter, with one very important distinguishing fact. In 2004, the time Young

was decided, La. R.S. 18:3(C) contained no signature verification process.

Indeed, this Court noted such in its appellate opinion and was ultimately

constrained to jurisprudentially define the registrar’s duties in this Court’s

appellate opinion.

This Court, in Young, supra, based upon the limited language of La.

R.S. 18:3, commented:

The registrar has neither the duty, nor the discretion, to compare
a signature on a voter registration card and then strike the

10

signature if, in the registrar’s opinion, the signatures were not
made by the same hand.

And continued:

Had the legislature intended for the registrar to have the
significant burden of rejecting signatures on a recall petition for
their apparent failure to “reasonably compare” with signatures
on voter registration cards, then the legislature would have
provided a procedure for the registrar to challenge a signature,
to send notice to the voter who signature was questioned, and to
provide the voter with an opportunity to verify the signature.

Young, supra.

In a possible response to this Court’s observations in Young, in the

immediately following 2005 Louisiana legislative session, the legislature

amended La. R.S. 18:3 to include the statutory verification process contained

in present-day La. R.S. 18:3. Additionally, La. R.S. 18:1401 and La. R.S.

18:1300.17 provide an opportunity for the public official or those seeking a

recall to address any deficiencies in the petition, including disqualification of

electors. In light of these facts, it is our view that Young no longer remains

persuasive or valid authority for the resolution of the specific facts and

implications of this matter. Thus, we find the trial court’s reliance on this

case to order a blanket return of all 49 signatures to have been in error. We

also find that the remaining evidence presented at the hearing was

insufficient to satisfy the plaintiffs’ burden to establish that the verification

utilized by Cockerham created reversible error. Without more, the joint

stipulation of counsel regarding Cockerham’s testimony as well as the

evidence of notations showing that Cockerham rejected the 49 signatures for

not matching shows nothing more than the fact that Cockerham performed

her duty to verify the signatures in compliance with La. R.S. 18:3. With no

additional evidence in the form of the recall petition bearing signatures and

11

the voter registration cards of the disqualified signatures for comparison or

testimony from Cockerham regarding her reasons for striking each signature

or perhaps other independent witness testimony verifying the validity of the

signatures, we cannot find that plaintiffs have proven their case.5 For these

reasons, we reverse the judgment of the trial ordering Cockerham to revise

the certification and add back the 49 signatures to the recall petition and

forward same to the Governor.

CONCLUSION

For the reasons set forth above, we hereby reverse the judgment of the

trial court ordering the return of 49 signatures to the recall petition. The

recall petition as originally verified by Cockerham in the recall petition is

reinstated. Costs of this appeal are assessed to appellees.

REVERSED.

5
For instance, in Young, supra, the plaintiffs presented the testimony of a
Claiborne Parish notary public who testified that she notarized the 49 signatures at issue.
The affidavits were admitted into evidence.

12

STONE, J., concurring

Although I agree with the rationale and decision of the majority in this

case, I would comment that this case illuminates the necessity of assuring

and maintaining the integrity of our election process. La. R.S. 18:3 grants

the registrar of voters, an unelected official, the discretion to effectively

invalidate voter signatures he deems not to bear sufficient likeness to the

voter’s registration signature. The potential for abuse by a registrar of voters

is obvious. On the other hand, the potential for fraudulent voter signatures

absent any such discretion is also obvious.

Accordingly, a voter whose signature is rejected must be given timely

notice and a meaningful opportunity to be heard in conformity with due

process. Merely providing that such matters be remedied through summary

proceeding is too vague.

1