Mareau v. Tonry
339 So.2d 3
339 So.2d 3
(Cite as: 339 So.2d 3)
Page 3
free expression of their will, it will decree the nullity of
the entire election . . .' See Garrison v. Connick, La., 291
So.2d 778 (1974); Dowling v. Orleans Parish Democratic
Committee, 235 La. 62, 102 So.2d 755 (1958); Lewis v.
Democratic Executive Committee, 232 La. 732, 95 So.2d
292 (1957).
I subscribe to the opinion of the Court of Appeal that the
present case falls within the rule. See, La.App., 338 So.2d
791 (1976). As found by the Court of Appeal, the frauds and
irregularities included forgery, multiple voting, voting in the
name of deceased persons, and the voting of persons
without supporting precinct registers.
These frauds and irregularities were both systematic and
flagrant. They infected far more votes than the vote margin
between the two competing candidates. This means that the
voters have been deprived of the free expression of their
will, because the outcome of the election cannot be determined.
As the Court of Appeal aptly stated:
*6 'These fraudulent practices cannot be condoned under
any circumstances and must be ferreted out if we are to
insure that the free and honest expression of the will of
the electorate is reflected in the democratic process.'
For the reasons assigned, I respectfully dissent.
339 So.2d 3
END OF DOCUMENT
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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