Johnston v. Morehouse Parish Police Jury, 14569

• Court: Court of Appeal of Louisiana (US)
• Citation: 401 So.2d 517
• Docket Number: No. 14569,14569
• Parties: Harold L. JOHNSTON, Plaintiff-Appellant, v. MOREHOUSE PARISH POLICE JURY, Defendant-Appellee.
• Decision Date: 08 June 1981

Page 517

401 So.2d 517 Harold L. JOHNSTON, Plaintiff-Appellant,
v.
MOREHOUSE PARISH POLICE JURY, Defendant-Appellee. No. 14569. Court of Appeal of Louisiana, Second Circuit. June 8, 1981.

Page 518

McLeod, Verlander & Dollar by Robert P. McLeod and Johnny E. Dollar, Monroe, for plaintiff-appellant.

James E. Yeldell, Asst. Dist. Atty., Bastrop, for defendant-appellee.

Before HALL, JASPER E. JONES and FRED W. JONES, Jr., JJ.

HALL, Judge.

Plaintiff filed suit to have the local option election for Ward 2 of Morehouse Parish held on October 29, 1979, invalidated on the basis of alleged irregularities in election procedures. The four propositions permitting sale of alcoholic beverages within the ward were overwhelmingly rejected by the voters. In the trial court, plaintiff urged four irregularities as grounds to set the local option election aside. The trial court rejected plaintiff's demands and he appeals. We affirm.

On appeal, as in the trial court, plaintiff argues that four irregularities occurred during the election process which should invalidate the election: (1) that there was not attached to the petition requesting the calling of the election a sworn verification showing the day, month, and year the petition was filed with the police jury as required by LSA-R.S. 26:586(A); (2) that the local option election was not separately called and held as required by LSA-R.S. 26:582, but was held in conjunction with other elections; (3) that one of the official voting commissioners attempted to influence the votes of two voters who cast their ballots in the election, contrary to the provisions of LSA-R.S. 18:1462 C; and (4) that the commissioners were not selected in compliance with LSA-R.S. 26:593 which requires they be selected in a manner so as to give, as nearly as possible, equal representation to the proponents and opponents of the propositions to be voted on.

Plaintiff operates a community grocery store located in Ward 2 of Morehouse Parish. On May 14, 1979, the Morehouse Parish Police Jury issued plaintiff a license to sell alcoholic beverages containing not more than 3.2 percent alcohol by weight. On June 28, 1979, a local option election petition was filed with the Morehouse Parish Registrar of Voters requesting a local option election in Ward 2. The petition was received by the registrar of voters in accordance with LSA-R.S. 26:585 and was filed with the police jury of Morehouse Parish. The police jury accepted the filing of the petition by the following notation: "Received in Jury Office July 3, 1979. E. A. Greer Sec-Treasurer." On August 13, 1979, the police jury adopted a resolution calling for the local option election to be held in conjunction with the general election on October 27, 1979. The election was held and the official results, promulgated on October 30, 1979, reflected overwhelming rejection of all four of the local option propositions.

LSA-R.S. 26:586 A requires that the governing authority with whom the petition is filed by the registrar of voters attach to the petition its sworn verification showing the day, month, and year the petition was filed with it. The secretary-treasurer of the Morehouse...