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Terms Used In Louisiana Revised Statutes 18:492

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

A.  An action objecting to the candidacy of a person who qualified as a candidate in a primary election shall be based on one or more of the following grounds:

(1)  The defendant failed to qualify for the primary election in the manner prescribed by law.

(2)  The defendant failed to qualify for the primary election within the time prescribed by law.

(3)  The defendant does not meet the qualifications for the office he seeks in the primary election.

(4)  The defendant is prohibited by law from becoming a candidate for one or more of the offices for which he qualified.

(5)  The defendant falsely certified on his notice of candidacy that he does not  owe any outstanding fines, fees, or penalties pursuant to the Campaign Finance Disclosure Act as provided in La. Rev. Stat. 18:463(A)(2).

(6)  The defendant falsely certified on his notice of candidacy that he does not  owe any outstanding fines, fees, or penalties pursuant to the Code of Governmental Ethics as provided in La. Rev. Stat. 18:463(A)(2).

(7)  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 as provided in La. Rev. Stat. 18:463(A)(2), or was not required to file either a federal or state income tax return or both.

B.  A violation of La. Rev. Stat. 18:463(A)(1)(c) by an agent shall not constitute ground for objecting to a candidacy pursuant to Paragraph (A)(1) of this Section.

Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2001, No. 47, §1; Acts 2004, No. 896, §1, eff. Jan. 1, 2005; Acts 2008, 1st Ex. Sess., No. 16, §1, eff. Jan. 1, 2009; Acts 2010, No. 827, §1.