TERRI F. LOVE, Judge.
This appeal arises from the disqualification of Jason Hughes from the candidacy for the 100th Representative District for the State of Louisiana. The trial court disqualified Jason Hughes because he certified on his qualifying form that he filed his 2010 Louisiana state income tax return when he had not. Jason Hughes contends that he did not possess the malicious intent to deceive when he signed the qualifying form because he possessed an honest belief that he was not required to file a return in 2010. Following the jurisprudence of the Louisiana Supreme Court, we find that the trial court did not err, as the subjective intent of a candidate is irrelevant when determining whether a candidate should be disqualified for certifying that he filed his tax returns in compliance with the qualifying form, when he had not. Therefore, we affirm.
Jason Hughes completed his Notice of Candidacy Qualifying form to become a candidate for the 100th Representative District for the State of Louisiana on September 8, 2015. After filing his sworn form, Mr. Hughes filed an extension for filing his 2014 Louisiana state income tax return. Mr. Hughes then filed electronic
Mr. Hughes contends that the trial court erred by failing to consider his scienter when he completed the Notice of Candidacy form.
Appellate courts review a trial court's findings of fact utilizing the manifest error or clearly wrong standard of review. Duhon v. Briley, 12-1137, p. 3 (La.App. 4 Cir. 5/23/13), 117 So.3d 253, 257. "Where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong." Id.
"Regarding issues of law, the standard of review of an appellate court is simply whether the court's interpretive decision is legally correct." Id., 12-1137, p. 4, 117 So.3d at 257-58. "Accordingly, if the decision of the trial court is based upon an erroneous application of law rather than on a valid exercise of discretion, the decision is not entitled to deference by the reviewing court." Id., 12-1137, p. 4, 117 So.3d at 258.
Mr. Hughes asserts that he was erroneously disqualified because the trial court failed to consider his subjective intent when he completed his Notice of Candidacy form. Further, Mr. Hughes contends that the Louisiana Supreme Court did not overrule the scienter considerations contained in Russo v. Burns, 14-1008, p. 5 (La.App. 4 Cir. 9/17/14), 150 So.3d 377, 381 ("Burns I") and Louisiana Bd. of Ethics v. Wilson, 14-925, p. 7 (La. App. 3 Cir. 9/9/14), 161 So.3d 785, 788.
In order to qualify as a candidate for the 100th Representative District for the State of Louisiana, Mr. Hughes was required to sign a sworn Notice of Candidacy. He attested that the following was true and correct under section 8 of the form:
"The person objecting to the candidacy of a person bears the burden of proof." Louisiana State Bd. of Ethics v. Garrett, 06-0263, p. 8 (La.App. 4 Cir. 3/21/06), 929 So.2d 176, 180. "However, once the party bearing the burden of proof has established a prima facie case, the burden then shifts to the opposing party." Id.
Ms. Nixon established a prima facie case to disqualify Mr. Hughes because it is undisputed that his 2010 Louisiana state
The Third Circuit examined a trial court's decision not to disqualify a candidate who believed he paid penalties prior to completing the Notice of Candidacy form. Wilson, 14-925, p. 7, 161 So.3d at 788. The Third Circuit stated that "Mr. Wilson's testimony regarding his belief that the penalty issue had been resolved was uncontested by the Board who failed to cross-examine him regarding that belief." Id. The trial court was affirmed based upon the candidate's belief. Id. The Louisiana Supreme Court subsequently denied writs.
This Court then relied upon Wilson and determined that the candidate's subjective intent should factor into the determination of whether the information contained in the Notice of Candidacy form was "true and correct." Russo v. Burns, 14-1008, p. 5, 150 So.3d at 381. We held that "it was not an error of law for the trial court to consider Mr. Burns' state of mind in deciding if he made a false certification." Id. This Court found that "[a] careful review of the record shows that the trial court had a reasonable basis upon which to find that Mr. Burns truthfully believed that he had in fact filed his taxes when he certified that he had done so," and affirmed the trial court's judgment overruling the candidate's disqualification. Id., 14-1008, p. 6, 150 So.3d at 381.
However, unlike in Wilson, the Louisiana Supreme Court granted writs and reversed this Court in Burns I. The Court found that "[w]ithout sending the returns via certified mail or otherwise ensuring their delivery to LDR, Burns could not have known whether or not his tax returns had been
Mr. Hughes avers that the Supreme Court did not overrule Wilson and Burns' examination of the candidate's subjective intent.
For the above-mentioned reasons, we find that the trial court correctly disqualified Mr. Hughes for certifying that he filed
TOBIAS, J., concurs.
BELSOME, J., concurs in the result.
BONIN, J., dissents with reasons.
LOBRANO, J., concurs with reasons.
TOBIAS, J., concurs.
I fully and respectfully concur in the majority's opinion.
I feel compelled to comment about my colleague's dissent in which he asserts that the district court lacks subject matter jurisdiction to entertain a suit challenging a candidate for a seat in the Louisiana Legislature. La. Const. Art. III, § 4 sets forth the qualifications for a member of the legislature: (a) an elector; (b) at least 18 years of age on the date he qualifies for election; (c) residing in Louisiana for two years preceding his qualifying; and (4) actually being domiciled for one year in the legislative district from which he seeks election. La. Const. art. III, § 7 says that each house of the legislature is the judge of the qualifications and elections of its members. But La. Const. art. XI, § 1 requires the legislature to adopt an election code that provides "for the conduct of all elections."
Pursuant to the Article XI mandate, the legislature adopted the Louisiana Election Code, La. R.S. 18:1, et seq. Without going into a detailed analysis of the Code, suffice it to say that the legislature has set up a framework for qualifying for and conducting all elections, including members of the legislature. Thus, the legislature provided a means for a citizen to question whether an individual possessed the qualifications to run for the office of a member of the legislature. Without that statutory authority, in theory, and by way of example, a 10-year-old, a non-elector, a non-citizen, or a Louisiana nonresident could qualify and run for the office of a Louisiana legislature member and only after such individual's election could it be questioned by a house of the legislature. Such is clearly not the intent.
The La. Const. art. III, § 7 provision (judging of the qualifications and elections) is intended to allow a house of the legislature to eject a member for cause, such as a serious crime. To embrace otherwise would allow a house of the legislature to eject a member because of his religion or his articulation or support of unpopular causes — in other words a supposed "non-conformist." To think that the third branch of government, the judiciary, cannot provide a check upon the legislature in that regard would be pure bunkum.
BONIN, J., dissents with reasons.
I respectfully dissent. I would vacate the judgment of the district court because the district court does not have subject matter jurisdiction
Most importantly for our purposes is the provision of Article 3, § 7(A) of the Louisiana Constitution of 1974 which provides that "[e]ach house shall be the judge of the qualifications and elections of its members..." (emphasis added). This provision, in my view, preempts the general jurisdictional provision for district courts at Article 5, § 16(A) of the Louisiana Constitution of 1974,
La. Const. art. 3, § 7(A) is remarkably similar to the Elections Clause of the United States Constitution, Article I, section 5, clause 1, which provides that "[e]ach House shall be the Judge of the Elections, Returns and Qualifications of its own members." (emphasis added). This text demonstrates a clear "`constitutional commitment' of an issue to another branch of government to the exclusion of the courts..." Morgan v. U.S., 801 F.2d 445, 447 (D.C.Cir.1986) (ellipsis indicates citation omitted).
Louisiana, too, has three separate branches of government. See La. Const. art. 2, § 1 ("The powers of government of the state are divided into three separate branches: legislative, executive, and judicial."). And, very importantly for our purposes, Article 2, § 1 of the Louisiana Constitution of 1974 states that "Except as otherwise provided by this constitution, no one of these branches, nor any person holding office in one of them, shall exercise power belonging to either of the others." (emphasis added). Its application here is that we judges have no business "judging" the qualifications of a candidate for the House of Representatives as that has been committed by our constitution to the persons holding office in the legislative, and not judicial, branch of government.
The legislative branch is the most representative branch of government. The propriety of each house being the judge of the qualification of its members, without interference or intrusion from another branch, ought to be obvious. See John Randolph Tucker and Henry St. George Tucker, The Constitution Of The United States. A Critical Discussion of Its Genesis, Development, and Interpretation, Volume I, pp. 426-427 (1899). This is so whether it is the federal legislature or the state legislature and whether the intrusion is at the beginning or the end of the election.
"Jurisdiction is the legal power and authority of a court to hear and determine an action or proceeding involving the legal relations of the parties, and to grant the relief to which they are entitled." La. C.C.P. art. 1. And "[j]urisdiction over the
LOBRANO, J., concurs with reasons.
I respectfully concur. I agree with the majority opinion that the district court's judgment, disqualifying Jason Hughes from candidacy for the 100th Representative District for the State of Louisiana, should be affirmed. I write separately to note that, at the time Hughes signed his Notice of Candidacy, Hughes lacked sufficient knowledge of the law governing whether he was required to file tax returns for the year 2010. As Hughes did not know whether tax returns were required, I find that Hughes falsely certified that he was not required to file tax returns for the year 2010.
In Russo v. Burns, 14-1963 (La. 9/24/14), 147 So.3d 1111 ("Burns II"), the Louisiana Supreme Court held that, without sending tax returns via certified mail or otherwise ensuring their delivery to the Louisiana Department of Revenue, the candidate, Burns, could not have known whether his tax returns were filed in compliance with Louisiana law when he signed his Notice of Candidacy. I do not interpret Burns II to reach the question as to whether a court is permitted to consider a candidate's subjective intent or good faith beliefs in determining if a candidate should be disqualified for making an allegedly false certification. Instead, I read Burns II to hold that it is false certification for a candidate to certify to facts of which the candidate does not have sufficient knowledge. For these reasons, I would affirm the judgment of the lower court disqualifying Hughes from candidacy for falsely certifying that he was not required to file tax returns for the year 2010.