Opinion

Baldone v. Terrebonne Parish Registrar of Voters

  • 2015 La.App. 1 Cir. 1356
  • 182 So. 3d 1005
  • 2015 La. App. LEXIS 1797
  • 2015 WL 5567031
Court
Louisiana Court of Appeal
Filed
Sep 21, 2015
Status
Published
Author
Guidry
On the bench
Drake, Guidry, McDonald, Theriot, Welch
Cited by
2 cases

finding because there is no clear and specific right to register to vote under two different parties, the district court did not err in declining to issue a writ of mandamus to order the Registrar to comply with Plaintiff's wishes to register as both Republican and Democrat

How later courts described this case

  • finding because there is no clear and specific right to register to vote under two different parties, the district court did not err in declining to issue a writ of mandamus to order the Registrar to comply with Plaintiff's wishes to register as both Republican and Democrat

Written by the judges who cited it.

The opinion

GUIDRY, J.,

concurs.

|¶1 agree with the majority’s conclusion that the district court did not err in denying Mr. Baldone’s petition for writ of mandamus. It appears that a challenge to the processes by which La. R.S. 18:107(B) is implemented would be more properly sought by means of a declaratory judgment action or other ordinary proceeding.

Additionally, I write separately to express my concern that the law does 'not appear to provide guidance to a registrar when a voter’s choice does not fall within the options provided. Here, Mr. Baldone sought to change his registration from one recognized party to two recognized parties; he did not choose “other” — the option’generally provided when a voter wishes to register with a party that has not’ been recognized under La. R.S. 18:441. I question whether or not the registrar had the authority to choose a party designation for him, rather than simply declining to change his registration status.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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