# Eugene v. Davenport

> Louisiana Court of Appeal · September 9, 2014 · 2014 La.App. 4 Cir. 0953

URL: https://www.frixlaw.com/law-library/cases/4815271

## Case

- **Full name:** Eliza EUGENE and Lawrence Galle v. Samuel DAVENPORT and Tom Schedler, in his Capacity as Louisiana Secretary of State
- **Court:** Louisiana Court of Appeal
- **Decided:** September 9, 2014
- **Citations:** 2014 La.App. 4 Cir. 0953; 150 So. 3d 56; 2014 La. App. LEXIS 2156; 2014 WL 4437624
- **Precedential status:** Published
- **Opinion:** Concurrence by Dysart
- **Judges:** Bagneris, Belsome, Bonin, Dysart, III, Jenkins, Ledet, Lobrano, Lombard, Love, McKay, Tobias
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4815271

## Opinion text

DYSART, J.,
concurs, with reasons.
|)I join in the result reached by the majority, but write separately to provide my reason for reaching the same conclusion.
The fundamental prerequisite in a suit to object to the qualifications of a candidate is that the plaintiffis) must be a qualified elector. Here, as found by the trial court, petitioners did not file a verified petition, nor was there testimony, affidavits or any stipulation offered that they were qualified electors. Absent proof petitioners were qualified to vote in the election, they are not qualified to object to the candidacy of an individual running in that *65 election. See Booth v. Jefferson, 34,446 (La.App. 2 Cir. 9/6/00), 765 So.2d 1249 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4815271. Public record. Not legal advice.