262 So. 2d 124

Calvin LEE v. Charles D. LANCASTER, Jr.

No. 5307.

Court of Appeal of Louisiana, Fourth Circuit.

May 4, 1972.

Rehearing Denied May 9, 1972.

*125Gerald J. Martinez, Everhardt & Martinez, Metairie, for plaintiff-appellant.

Ben C. Toledano, Porteous, Toledano, Hainkel & Johnson, New Orleans, for defendant-appellee.

Before REGAN, SAMUEL, CHASEZ, REDMANN, LEMMON, GULOTTA, and BOUTALL, JJ.

PER' CURIAM.

Plaintiff, the democratic candidate for Representative of House District 80, appeals a judgment which dismissed, on exception to the court’s jurisdiction, plaintiff’s demand that defendant, the Republican candidate who won the general election, be declared ineligible for failure to meet the residency requirements for legislators stated by Const, art. 3 § 9.1

But Const, art. 3 § 10 provides:

“Each house shall be the judge of the qualifications, election, and returns of its own members, choose its own officers, except the president of the Senate, determine the rules of its procedure, not inconsistent with the' provisions -of this Constitution, and may punish its members for disorderly conduct and contempt, and, with the concurrence of two-thirds of all its members elected, may expel a member.”

Where art. 3 § 10 is applicable, as in the case of a general election contest, the courts have no jurisdiction. State ex rel. O’Donnell v. Houston, 40 La.Ann. 598, 4 So. 482 (1888).

Plaintiff argues eligibility under art. 3 § 9 is not among the “qualifications” of which the House is the judge under art. 3 § 10. To the contrary, we hold that it is precisely those qualifications (including residency) which are stated by art. 3 § 9 of which § 10 makes the House the judge.

The judgment appealed from is affirmed.

Affirmed.

Lee v. Lancaster
262 So. 2d 124

Case Details

Name
Lee v. Lancaster
Decision Date
May 4, 1972
Citations

262 So. 2d 124

Jurisdiction
Louisiana

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