R.S. 18:1406

Petition; answer; notification ACTIVE

A. An action objecting to the calling of a special election, objecting to candidacy, contesting the certification of a recall petition, or contesting an election shall be instituted by filing a petition in a court of competent jurisdiction and venue and posting a copy of the petition in a conspicuous place at the entrance of the office of the clerk of court where the petition is filed.

B. The petition shall set forth in specific detail the facts upon which the objection or contest is based. If the action contests an election involving election to office, the petition shall allege that except for substantial irregularities or error, fraud, or other unlawful activities in the conduct of the election, the petitioner would have qualified for a second party primary or general election or would have been elected. If the action contests an election involving the recall of a public officer, the petition shall allege that except for substantial irregularities or error, fraud, or other unlawful activities in the conduct of the election, the petitioner would not have been recalled. The trial judge may allow the filing of amended pleadings for good cause shown and in the interest of justice.

C. The defendant shall be served with citation directing him to appear in court no later than 10:00 a.m. on the fourth day after suit was filed, subject, however, to the provisions of R.S. 18:1408. The defendant is not required to answer the petition, but if the defendant answers, the defendant shall do so prior to trial.

D. The clerk of court shall immediately notify the secretary of state by telephone and by written notice sent by electronic mail or facsimile when an action objecting to the calling of a special election, objecting to candidacy, contesting the certification of a recall petition, or contesting an election has been filed.

Actions

References

Cited by

History

  • enactment Acts 1976, No. 697, §1, eff. Jan. 1, 1978
  • amendment Acts 1980, No. 506, §1, eff. Jan. 1, 1981
  • amendment Acts 1985, No. 754, §1
  • amendment Acts 1999, No. 254, §1, eff. Jan. 1, 2000
  • amendment Acts 2001, No. 451, §6, eff. Jan. 12, 2004
  • amendment Acts 2006, No. 560, §1, eff. Jan. 1, 2007
  • amendment Acts 2010, No. 570, §1, eff. Jan. 1, 2011
  • amendment Acts 2010, No. 621, §1
  • amendment Acts 2012, No. 138, §1, eff. May 14, 2012
  • amendment Acts 2020, No. 28, §1, eff. June 4, 2020
  • amendment Acts 2024, No. 390, §1
  • amendment Acts 2025, No. 386, §4, eff. June 20, 2025

Section navigation

Cite R.S. 18:1406

Bluebook
La. Rev. Stat. Ann. § 18:1406 (2026).
Permalink
https://theusufruct.com/rs/title-18/section-1406
BibTeX
@misc{larevstat-18-1406,
  title        = {La. Rev. Stat. Ann. § 18:1406},
  howpublished = {Louisiana Revised Statutes},
  year         = {2026},
  url          = {https://theusufruct.com/rs/title-18/section-1406},
  note         = {Snapshot 2026-05-22}
}