# Love v. Foster

> Court of Appeals for the Fifth Circuit · November 15, 1996 · 100 F.3d 413

URL: https://www.frixlaw.com/law-library/cases/6943189

## Case

- **Full name:** G. Scott LOVE, Paul S. Bergeron, Kathleen B. Balhoff, and Bennie Baker-Bourgeois v. Michael J. FOSTER, Jr., Governor of State of Louisiana, and Fox McKeithen, Secretary of State of Louisiana
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** November 15, 1996
- **Citations:** 100 F.3d 413; 1996 WL 663225
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Davis, Dennis, Fallon, Politz, Smith
- **Cited by:** 1 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/6943189

## Opinion text

RULING ON PETITION FOR PANEL REHEARING AND PETITION FOR REHEARING EN BANC
Before DAVIS and DENNIS, Circuit Judges, and FALLON 1 District Judge.
PER CURIAM:
Treating the Suggestion for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. Judge Dennis would grant rehearing for reasons stated in his dissent. The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service not having voted in favor, the Petition for Rehearing En Banc is DENIED.
In response to the petition for rehearing, we make it clear that all we hold is that Louisiana’s election plan, to the extent it *414 precludes any legal election for United States Representatives and Senators on Federal Election Day, conflicts with 2 U.S.C. §§ 1 and 7 and is invalid. Also, we do not suggest that Louisiana may not retain its open primary system. One way it can retain this system and avoid any conflict with the federal statute is to hold the open primary on Federal Election Day and provide for a runoff election between November and January when the elected member of Congress takes office. See 2 U.S.C. § 8 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6943189. Public record. Not legal advice.