Supreme Court of Louisiana, 1981

Regira v. Falsetta

Supreme Court of Louisiana · Decided May 28, 1981 · Application, Blanche, Dennis, Fully, Lemmon

405 So. 2d 825 (Southern Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

Jones v. BD. OF ETHICS FOR ELECTED OFFICIALS (La. Ct. App. 1998)
Louisiana Health Care Authority v. Adams (La. Ct. App. 1992)
Nunez v. Mintz (La. Ct. App. 1992)
Carr v. Secretary of State (La. Ct. App. 1983)
Regira v. Falsetta (La. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In re: Lawrence Regira, Jr., et al. applying for appeal, and writs of certiorari, mandamus and review. No. 29053, Parish of Ascension.

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.

Dissenting Opinion

BLANCHE, J.,

would grant as to the election contest. The remaining candidate will be elected by less than Vi of the voters. No compelling state interest is shown so as *826to 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.

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