CHAPTER 9. CONTESTS AND CHALLENGES

PART I. PROCEDURE FOR OBJECTIONS TO CANDIDACY

AND ELECTION CONTESTS

§1401. Objections to candidacy; contests of elections; contests of certification of recall petition; parties authorized to institute actions; penalties

NOTE: Subsection A eff. until June 12, 2025, for certain purposes, and eff. until Jan. 1, 2026, for all other purposes. See Acts 2024, 1st Ex. Sess., No. 1 and Acts 2025, No. 386.

            A. A qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to vote.

NOTE: Subsection A as amended by Acts 2024, 1st Ex. Sess., No. 1, eff. June 12, 2025, for certain purposes, and eff. Jan. 1, 2026, for all other purposes. See Acts 2024, 1st Ex. Sess., No. 1 and Acts 2025, No. 386.

            A.(1) A qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to vote.

            (2) A qualified elector may bring an action objecting to the candidacy of a person who is unaffiliated with a recognized political party pursuant to R.S. 18:441(C) who qualified as a candidate in a general election for a party primary office in which the plaintiff is qualified to vote.

NOTE: Subsection B eff. until June 12, 2025, for certain purposes, and eff. until Jan. 1, 2026, for all other purposes. See Acts 2024, No. 640 and Acts 2025, No. 386.

            B. A candidate who alleges that, except for substantial irregularities or error, or except for fraud or other unlawful activities in the conduct of the election, he would have qualified for a general election or would have been elected may bring an action contesting the election.

NOTE: Subsection B eff. June 12, 2025, for certain purposes, and eff. Jan. 1, 2026, for all other purposes. See Acts 2024, No. 640 and Acts 2025, No. 386.

            B. A candidate who alleges that, except for substantial irregularities or error, or except for fraud or other unlawful activities in the conduct of the election, the candidate would have qualified for a second party primary or general election or would have been elected may bring an action contesting the election.

            C. A person in interest may bring an action contesting any election in which any proposition is submitted to the voters if he alleges that except for irregularities or fraud in the conduct of an election the result would have been different.

            D. A qualified elector may bring an action objecting to the calling of a special election to fill a vacancy if he alleges that no special election should have been called or that the special election was called on an improper day.

            E.(1) A public officer whose recall is sought may bring an action contesting the certification of the recall petition certified pursuant to R.S. 18:3 and Chapter 6-C of this Title.

            (2) The chairman or vice chairman listed on the recall petition may bring an action contesting the certification of the recall petition certified pursuant to R.S. 18:3 and Chapter 6-C of this Title.

            F. A public officer who alleges that except for substantial irregularities or error or except for fraud or other unlawful activities in the conduct of the election he would not have been recalled may bring an action contesting the election.

            G. Upon a determination that a candidate knowingly attested to false information in a notice of candidacy, the court shall assess court costs and attorney fees, and the court may impose any other sanctions the court deems appropriate against the candidate.

            Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1980, No. 564, §1, eff. July 23, 1980; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2010, No. 570, §1, eff. Jan. 1, 2011; Acts 2010, No. 621, §1; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2024, 1st Ex. Sess., No. 1, §1, eff. See Act; Acts 2024, No. 640, §§1, 2, eff. See Act; Acts 2025, No. 80, §1, eff. June 4, 2025; Acts 2025, No. 386, §§ 3, 4, 7, eff. June 20, 2025.