New Orleans Voters Go To Court Over Elections Delay, GOP Chair Threatens Recall

NEW ORLEANS)- Today, Judge William A. Morvant, 19th Judicial District Court, set a hearing date of December 23 regarding the delay of the February 4th New Orleans municipal elections. Rob Couhig, attorney representing the petitioning voters, argued that Governor Blanco stepped beyond the limit of Louisiana law when she signed an executive order indefinitely delaying the elections.

Today Couhig also announced that 60 more voters have joined the legal battle to stop the delay of the municipal elections. The amended petition including the names of additional voters was filed today.

The amended petition states: “The voter group is comprised of individuals of diverse races, political philosophies, and backgrounds including musicians, veterans, students, business persons, homemakers, physicians and others both currently residing in New Orleans and displaced to other locations. All are linked by the common thread of wishing to exercise their constitutional right to vote in the February 4, 2006 municipal elections.”

The petition filed by the voters continues: “Elections are a keystone of democracy. They allow for a healthy debate and resolution on the philosophy and leadership that the majority of the voting public wishes to pursue. The people of the City of New Orleans need to be able to elect their leaders on a timely basis.”

Couhig is a New Orleans attorney has argued in dozens of states and the US Supreme Court. He is also known as an innovative entrepreneur and the former owner and founder of the New Orleans Zephyrs.

Roger F. Villere, Jr., Chairman of the Republican Party of Louisiana, today called on Governor Kathleen Blanco to hold elections in Orleans Parish during the next few months or to step aside as Governor and allow someone else to lead Louisiana.

“Governor Blanco’s order to indefinitely suspend elections in Orleans Parish appears to be an abuse of power that makes her unfit to continue to serve as Governor of Louisiana,” Villere said. “The anger in this state is at a boiling point. If the Governor wants to avoid impeachment or recall, she must immediately change her ways and begin performing the most basic functions for which she was elected,” he said.

“Because of the tragedy of Katrina and my hesitancy to distract Governor Blanco from her duties, I was silent for a long time after the hurricane hit the state. But I am putting the Governor on notice that she has now crossed the line. We have tolerated her gross malfeasance in office, but her Executive Order to take away the right to vote from American citizens is another whole matter. On behalf of the citizens whose rights are being violated, I demand that the Governor hold these elections in a timely manner or face the most severe political consequences from the voters of this state and their elected representatives,” Villere said.

“Governor Blanco has been forewarned of the political consequences if she does not change course. I urge her to reconsider her plan to commit what amounts to legalized voter fraud in Orleans Parish. There are some principles that transcend partisan politics. The right to hold free and fair elections is one of them. If we can conduct elections in Afghanistan, Iraq and St. Bernard Parish, surely we can hold elections in Orleans Parish. If Governor Blanco will not allow an election, then she must forfeit her own,” Villere said.

Louisiana Revised Statutes

18§401.1. Election emergency; purpose; elections emergency contingency plan
A. Due to the possibility of an emergency or common disaster occurring before or during a regularly scheduled or special election, and in order to ensure maximum citizen participation in the electoral process and provide a safe and orderly procedure for persons seeking to qualify or exercise their right to vote, to minimize to whatever degree possible a person's exposure to danger during declared states of emergency, and to protect the integrity of the electoral process, it is hereby found and declared to be necessary to designate a procedure for the emergency suspension or delay and rescheduling of qualifying, early voting, and elections.
B. The governor may, upon issuance of an executive order declaring a state of emergency or impending emergency, suspend or delay any qualifying of candidates, early voting, or elections. The governor shall take such action only upon the certification of the secretary of state that a state of emergency exists. A clerk of court, as the chief election officer of the parish, may bring to the attention of the secretary of state any difficulties occurring in his parish due to natural disasters.
C. If any delays or suspensions are authorized by the governor, the delayed qualifying, early voting or election day voting shall resume or be rescheduled as soon thereafter as is practicable. In the event the voting on election day is delayed or suspended and early voting has been completed prior to the issuance of the executive order delaying or suspending election day voting, early voting for the rescheduled election day may be reopened upon authorization of the governor for a reasonable time prior to the new election date. Notice of the delay or suspension and rescheduling of the election day or early voting shall be published at least once in a newspaper of general circulation in the affected area if time permits and, where practicable, broadcast as a public service announcement on radio and television stations, or by any other means of communication available at that time.
D.(1) As soon as possible following an emergency, the clerk of court shall identify the number of polling places that are functional and the number of polling places that have been destroyed. If a polling place is destroyed, inaccessible, or unsafe, efforts should be made to work with federal, state, and local emergency management agencies to permit the orderly establishment of a new polling place. An alternate emergency location shall be designated by the parish clerk of court in conjunction with the local parish governing authority, represented by its presiding officer, and advertised by any means available.
(2) The clerk of court in conjunction with the secretary of state shall coordinate with local police and the National Guard in an effort to provide security for existing polling places, including securing salvageable voting equipment from destroyed or damaged polling places to prevent further damage and looting.
E. If an election is rescheduled involving a multiparish or statewide office, every effort should be made to withhold returns for the affected races until the affected parishes have conducted rescheduled elections and are able to certify returns to the secretary of state.
F. Computation of all time intervals in the electoral process affected by any delay or suspension shall be redesignated by the secretary of state. Notice thereof shall be disseminated to parish boards of election supervisors as expediently as possible by any means available.
G. Nothing in this Section shall be interpreted as extending or as an extension of the time period for an election.

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