La. High Court rejects challenge in Eunice election

The Louisiana Supreme Court announced Friday its denial of an appeal from the state Board of Ethics that challenged Scott Fontenot’s candidacy for mayor.
“I’m relieved,” Fontenot said upon hearing about the court’s decision. “I knew we didn’t do nothing wrong.”
Fontenot said the legal battle has put him a month behind in campaigning.
“I’m relieved and now I can let all my people know it is time to step on the gas and not let up.”
The Supreme Court was the last stop for the ethics board’s challenge.
The 3rd Circuit Court of Appeal upheld a district court ruling that it is legal for Fontenot to run for mayor.
The ethics board contended that because Fontenot was appointed by the Board of Aldermen to serve as mayor until an election is held, he cannot run for the office, said Kathleen Allen, ethics administrator.
Allen said the ethics board submitted its documents on Dec. 23.
Jacques Pucheu, of the Eunice law firm of Pucheu, Pucheu and Robinson, represented Fontenot in the case.
Pucheu said court had three options. The judges could refuse the board of ethics appeal, requests each side to present is arguments to the court or make a decision.
Roland Miller, also a candidate for mayor, contacted the Board of Ethics about Fontenot’s qualification to run for mayor, according to testimony in the 27th Judicial Court District on Dec. 14.
District Judge Alonzo Harris dismissed the challenge.
Harris stated, in his ruling, “The intent to follow the law was in good faith by Mr. Fontenot and the Board of Aldermen.”
The ethics board appealed the case the next day to the 3rd Circuit Court of Appeal.
The Court of Appeal issued its ruling on Dec. 21 in the case that stems from Fontenot’s appointment as mayor following the resignation of former mayor Claud “Rusty” Moody on Oct. 7.
Fontenot was selected by the Eunice Board of Aldermen on Oct. 13 as interim mayor.
On Oct. 13, Fontenot resigned his seat as Ward 4 alderman. The resignation was received by the secretary of state on Oct. 21. Fontenot took his oath of office as mayor on Nov. 10.
The appellate decision includes a reference to a case where the court stated “... election laws must be interpreted to give the electorate the wildest possible choice of candidates, a person objecting to the candidacy bears the burden of proving that the candidate is disqualified.”
It was also noted the laws should be read to promote rather than defeat candidacy.
The judges found the time period from the termination of the member’s service until the time that he or she is appointed to fill the vacancy in the office of mayor is irrelevant.
The appellate court was made up of Judges Syliva Coos, Phyllis Keaty and John Conery.