Lehmann v. Musgrave

REDMANN, Judge.

A registered voter appeals from the dismissal of his action to disqualify a candidate for police juror. Plaintiff relies upon La. R.S. 33-2536 B’s provision that “No member of a [fire and police civil service] board shall be a candidate for nomination or election to any public office . . ..” 1

Plaintiff argues that the effect of that statute is that a board member is disqualified to be a candidate. We hold, as did the trial judge, that the effect is that by becoming a candidate a board member vacates his board membership.2

Unlike La.R.S. 42:39, which expressly declares “null” a…