Opinion
2024 CW 1005
12-23-2024
PHILIP A. CALLAIS v. NANCY LANDRY, IN HER OFFICIAL CAPACITY AS LOUISIANA SECRETARY OF STATE, SHERRI WHARTON HADSKEY, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF ELECTIONS
In Re: Nancy Landry, in her official capacity as Louisiana Secretary of State, and Sherri Wharton Hadskey, in her official capacity as Commissioner of Elections, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 753349.
BEFORE: McCLENDON, WELCH, AND LANIER, JJ.
WRIT GRANTED WITH ORDER. The district court's October 15, 2024 judgment which denied the exception of insufficiency of service of process filed by defendants is reversed. While not using the word "unconstitutional", the petition did allege that the Election Code does not provide for certain matters which are mandated by Article XI, Section 2 of the Louisiana Constitution, and at the hearing on this exception, counsel for plaintiff acknowledged he would be alleging unconstitutionality of some statutory provisions. The writ is granted for the limited purpose of remanding this matter to the district court with instructions to order plaintiff to serve the petition upon the attorney general of the state in accordance with Article 1314. See La. Code Civ. P. art. 855.1.
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