WASHINGTON, D.C. — Elias Law Group today filed an emergency petition in Louisiana state court to block Governor Jeff Landry’s unprecedented attempt to unilaterally cancel an ongoing congressional primary election and invalidate ballots already returned by Louisiana voters. Yesterday, Governor Landry declared a State of Emergency and called for the suspension of the ongoing congressional primary election following the Supreme Court’s decision in the Callais case.
The petition, filed in the 19th Judicial District Court for the Parish of East Baton Rouge on behalf of the National Council of Jewish Women – Greater New Orleans Section and three Louisiana voters who have already cast mail ballots, asks the court to issue a temporary restraining order against Executive Order JML 26-038 and allow the May 16 congressional primary to move forward on the schedule set by the Louisiana Legislature.
Louisiana sent ballots to military and overseas voters a month ago, began mailing ballots to other eligible voters on April 26, and was scheduled to start in-person early voting on Saturday, May 2. Petitioners Mary Ann Ostroske, Gene Gary Ostroske, and Sarah Carter have already voted their mail ballots in the primary for Louisiana’s 2nd Congressional District. Under the governor’s order, those lawful ballots will be discarded.
The complaint highlights the dangerous precedent Governor Landry is trying to set.
“The governor’s unilateral and unprecedented action threatens not only Petitioners’ voting rights, but the very democratic order,” the lawsuit reads. “If the governor is permitted to declare any ‘emergency’ he wishes to justify canceling an election that is already underway, it would set a precedent that would fundamentally and forever subvert the people’s ability to trust and rely on an orderly democratic system.”
“Governors do not get to cancel elections by executive fiat, least of all elections that are already underway, with ballots in voters’ hands and votes already cast,” said Lali Madduri, partner at Elias Law Group. “Under Louisiana law, the Legislature sets the state’s election calendar, and the governor’s emergency authority is reserved for genuine emergencies that threaten public safety. The Callais decision did not order this election to be canceled, nor did it authorize the Governor to do so. What Governor Landry is attempting is unlawful and a direct assault on the right to vote. We are asking the court to step in immediately and ensure that every Louisianan’s vote will be counted on May 16.”
The full lawsuit is available here. This lawsuit was filed with support from the National Redistricting Foundation.
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