81-CA-1337 Precedential Processed

Regira v. Falsetta

Louisiana Supreme Court · Filed May 28, 1981 · 405 So. 2d 825

Also decided on this docket: La., June 26, 1981 401 So. 2d 990; La., June 12, 1981 401 So. 2d 1186; La., May 28, 1981 405 So. 2d 825

Cited by

Jones v. BD. OF ETHICS FOR ELECTED OFFICIALS 709 So. 2d 841 La. Ct. App. 1st Cir. 1998
Louisiana Health Care Authority v. Adams 613 So. 2d 195 La. Ct. App. 1st Cir. 1992
Nunez v. Mintz 613 So. 2d 197 La. Ct. App. 1st Cir. 1992
Carr v. Secretary of State 441 So. 2d 223 La. Ct. App. 1st Cir. 1983

Authorities cited

Identified automatically; this list may not be exhaustive.

Godwin v. East Baton Rouge Parish School Board 397 So. 2d 798

Opinion text

405 So.2d 825 (1981) Lawrence REGIRA, Jr., et al. v. Ralph FALSETTA, et al. No. 81-CA-1337. Supreme Court of Louisiana. May 28, 1981. Granted in part and denied in part. The holding (in the concurring opinion) that R.S. 18:1409(H) is unconstitutional is reversed. See Carrere v. Castano and Lombard, 397 So.2d 798 (La.1981). Otherwise, the writ is denied. LEMMON, J., concurs in the denial of this application. BLANCHE, J., would grant as to the election contest. The remaining candidate will be elected by less than 1/3 of the voters. No compelling state interest is shown so as *826 to require such a result. Cancelling the election and certifying one who did not receive a majority vote violates the constitutional right to vote and thwarts the electoral process by making election dependent on the death of one's opponent rather than on receiving a majority vote. DENNIS, J., would grant fully.