UPDATE: Elton mayor says judicial system ‘has failed me, the town’
Published 3:38 pm Monday, January 8, 2024
An April 27 recall election against Elton Mayor Kesia Lemoine can go ahead as planned, a judge ruled Monday.
Thirty-first Judicial District Court Judge Steve Gunnell denied attempts by Lemoine to invalidate recall petition signatures and upheld former Gov. John Bel Edwards approval of a recall election
In a written opinion, Gunnel said Edwards had followed the correct and appropriate process for certifying the recall petition and calling for a recall election. He also found that Lemoine failed to introduce evidence that those signing the petition were not qualified voters within Elton.
Gunnell also threw out Lemoine’s request for a temporary restraining order, preliminary injunction and a permanent injunction to halt the election.
Lemoine said she does not agree with the judge’s decision and is extremely disappointed in the ruling.
“Not only do I feel like the judicial system has failed me, but also the town of Elton as well,” Lemoine said. “As a result, the town of Elton will be the one to suffer the most.
“Despite fighting the recall efforts of the community for the last few months, the council and I have worked diligently and consistently and have made great strides towards improvements and growth for the town.”
There are multiple projects pending and other business decisions that will go unattended in her absence, she said..
“A re-election will not only cost the town unnecessary money, but also time with no leader at the reins to conduct business for the town,” Lemoine said.
Petition supporters said they started the recall effort last August because of election irregularities and voter fraud stemming from the November 2022 mayoral election. The group contends that voters used addresses that did not exist, used vacant lots for addresses and claimed homestead exemption in other parishes.
Marilyn Granger, co-chairman of the recall committee, said she was confident that the recall election would receive approval.
“I feel very optimistic that the recall election can now move forward with this decision,” Granger said. “It is now in the hands of the voters on April 27.”
According to state law, voters will be asked to choose between two statements on the ballot – for the recall or against the recall.
If passed, a proclamation would be issued declaring the mayor’s seat vacant in Elton.
The town would then have 10 days to appoint someone other than Lemoine to temporarily fill the vacancy before calling a special election to permanently fill the seat. Lemoine cannot be appointed or be a candidate in the special election to fill the vacancy.
Edwards issued a proclamation late last year calling for the recall election, just days after a recall petition was certified by Jeff Davis Parish Registrar of Voters Joann Blair.
During a court hearing Friday, Blair defended her treatment of the petition, saying she certified signatures according to state law.
Blair said she certified 249 of the petition’s original 252 signatures. At least 245 signatures, or 40 percent of the 612 registered voters in Elton were necessary, she said.
She said no challenges were raised concerning the homestead exemption of those who signed the petition and that she never received new information that led her to believe the signatures or addresses were incorrect before submitting the petition to the state.
Lemoine had a problem with the way the registrar handled the petition saying she failed in her duty to conduct a thorough investigation into the names and addresses on the petition. She argued that some of those who signed the petition lived at a different address than listed on the petition.
Gunnell said Blair performed all of the duties the law requires and followed the election code by matching both the signatures and addresses to records maintained by her office. She also mailed out address confirmation cards to those listed on the petition after learning that some of the addresses may not have been correct.