# Myers v. McKeithen

> Louisiana Court of Appeal · September 18, 1998 · 98 La.App. 1 Cir. 2094

URL: https://www.frixlaw.com/law-library/cases/7730329

## Case

- **Full name:** Stephen C. MYERS v. Fox McKEITHEN, as Secretary of State
- **Court:** Louisiana Court of Appeal
- **Decided:** September 18, 1998
- **Citations:** 98 La.App. 1 Cir. 2094; 753 So. 2d 252; 1998 La. App. LEXIS 2660; 1998 WL 665558
- **Precedential status:** Published
- **Opinion:** Concurrence by Weimer
- **Judges:** Chiasson, Kuhn, Leblanc, Parro, Weimer
- **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/7730329

## Opinion text

WEIMER, J.,
concurring.
It has been said that one may have a right to do something — but is it the right thing to do? I cannot, in the context of this appeal, determine what motivated Mr. Myers to qualify for two offices. Obviously, he cannot serve in both positions. The trial court said:
Mr. Myers said a candidate should not be penalized for taking an opportunity to exploit a loophole. Were it in my power to penalize him for doing so, I would. I find this is an abuse and embarrassment of the judicial process and an abuse and an affront to the election process, but I have no discretion other than to grant the injunction which he seeks.
This court must apply the law as written. The laws governing the conduct of elections must be construed so as to promote rather than defeat candidacy and in favor of permitting the candidate to seek public office. This is proper in our democratic system of government. Ultimately, the voters should pass judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7730329. Public record. Not legal advice.