1999-C-3605 DAVID G. ADKINS v. LESTER SHIELDS "BUDDY" HUCKABAY, III,SHERIFF; W. FOX MCKEITHEN, HONORABLE SECRETARY OF STATE; THE HONORABLE JERRY FOWLER, COMMISSION OF ELECTIONS
State: Louisiana
Docket No: 1999-C-3605
Case Date: 01/01/2000
Preview: Revised copy 3/24/00 - Original Opinion Rendered 2/25/00
SUPREME COURT OF LOUISIANA No. 99-C-3605 DAVID G. ADKINS versus LESTER SHIELDS "BUDDY" HUCKABAY, III, SHERIFF; W. FOX McKEITHEN, HONORABLE SECRETARY OF STATE; THE HONORABLE JERRY FOWLER, COMMISSIONER OF ELECTIONS ******************** ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF RED RIVER ******************** KNOLL, JUSTICE* This is an election contest arising from the runoff election for sheriff of Red River Parish. The sole issue presented for our determination is whether the absentee voting irregularities complained of render it impossible to determine the outcome of the election. In deciding this issue, we are called upon to determine whether we will apply strict compliance or substantial compliance to the absentee voting law. After a careful and thorough review of the record and study of the law, we conclude for reasons expressed below that we will apply the standard of substantial compliance to the absentee voting law, and that under this standard, one mail-in ballot and four personally hand-delivered ballots fail to substantially comply with the essential requirements of the absentee voting law and that those irregularities adversely affected the sanctity of the ballot and the integrity of the election making it impossible to determine the winner.1 Accordingly, we reverse and set aside the judgment of the
*
Traylor, J., not on panel. See La. S. Ct. Rule IV, Part II,
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