Heaslip v. Treen

I concur. I agree that the present suit must have been brought within 5 days to be sustained, time being of the essence to ensure orderly election. However I believe that this is a matter of prescription and not peremption. If this is peremption, an unqualified candidate is forever safe from attack. In such event, the rationale of the case of O’Keefe v. Burke, 226 La. 1026, 78 So.2d 161 would be applicable, bearing in mind the change in the laws and constitution since then.

The present statute, Act 1 of 1975, provides both for objections to candidacy (RS 18:396) and election contests (RS…