Shreveport mayor reinstated into 2022 elections, court says candidates can falsify some info
In a 4-3 vote, the Louisiana Supreme Court reinstated Shreveport Mayor Adrian Perkins into the 2022 elections for an incumbent run Friday morning.
In the court’s ruling, Cheif Justice John L. Weimer acknowledged a number of rulings from lower courts that have created confusion around whether false statements on a notice of candidacy alone are grounds for disqualification. Weimer pointed to the First, Second and Fifth Circuits Court of Appeal for their rulings “that any false or erroneous certification is a ground for disqualification.”
Conversely, Weimer highlighted a Fourth Circuit Court of Appeal decision which said a false statement should not disqualify a candidate unless the legislation said answering that question falsely can be punished with disqualification.
“Considering these differing opinions from Louisiana’s courts of appeal, this court is tasked with determining the correct interpretation of the relevant statutory provisions,” Weimer wrote.
More: Shreveport mayor’s attorney to judges: state legislature says candidates can falsify some info
Weimer also pointed to a decision from a Louisiana district court that said false statements about homestead exemptions should not disqualify from candidacy. The Fifth Circuit overturned that decision.
Only three of the 14 certifications candidates have to answer require accuracy, wrote Weimer.
Weimer wrote that the First, Second and Fifth Circuit disqualified their respective candidates by “broadly” applying the rule that candidates “qualify for the primary election in the manner prescribed by law.”
The Second Circuit said Perkins’ failure to list the proper address was a violation of that rule.
But Weimer wrote that candidates simply qualify for election by filling out the notice of candidacy on time and paying a fee, which Perkins did.
“An action objecting to candidacy shall be based on one or more of seven enumerated grounds,” Weimer wrote. “Only three of these grounds pertains to false certifications on the notice of candidacy form, none of which pertain to a candidate’s certification that he is registered to vote in the precinct where he claims a homestead exemption.”
More: Attorneys for Shreveport Mayor to appeals judges: your opinion was wrong on precedence
Perkins was originally disqualified from the 2022 elections by Judge Brady O’Callaghan of the First District Court of Louisiana for inaccurately listing his address, violating the law requiring candidates register using their homestead exemption address.
Weimer wrote the rules saying a candidate should be disqualified if they falsely certify they do not owe any outstanding fines, fees, or penalties pursuant to the Campaign Finance Disclosure Act or the Code of Governmental Ethics or the defendant falsely certified on his notice of candidacy that for each of the previous five tax years he has filed his federal and state income tax returns, has filed for an extension of time for filing either his federal or state income tax return or both.
Perkins' attorney Scott Bickford argued before the court's judges Tuesday that the Louisiana legislature left room in their rules for candidates to falsify some information on qualifying forms.
More: How the case of a West Monroe candidate led to the Shreveport mayor being disqualified
“It’s not a system that takes innocent and honest mistakes and throws people out of the system,” said Bickford. “The legislature says there are some things the candidate can falsify.”
“It’s easy to write into the law any error whatsoever leads to disqualification - they didn’t," Bickford added.
22-1212.C.OPN by USA TODAY Network on Scribd
This is a developing story. Check back soon for more details from the court’s ruling.
Kendrick Dante writes for the USA Today Network and is a government watchdog reporter in Shreveport, Louisiana. He enjoys cooking, concerts, and content. Email him at kdbrown1@gannett.com or connect on Twitter @kendrickdante.
This article originally appeared on Shreveport Times: Shreveport mayor reinstated into 2022 elections by Louisiana Supreme Court
