Sign-up Reopened for House Race in Louisiana (Alexander v. Democrats)

Sign-up Reopened for House Race in Louisiana NewsMax.com Wires Monday, Aug. 23, 2004

PLAQUEMINE, La. – A state judge ruled Monday that the sign-up period should be reopened for the Nov. 2 election in Louisiana's 5th Congressional District, where incumbent Rep. Rodney Alexander infuriated Democrats by switching to the Republican Party minutes before the qualifying deadline.

District Judge Allen Edwards did not set a date for the new sign-up period. He said the new dates should be set after appeals, which are likely, have been exhausted.

On Aug. 4, at the start of qualifying for the 5th District race, Alexander registered as a Democrat. The afternoon of Aug. 6, the last day of qualifying, the first-term congressman made his last-minute switch, leaving Democrats no time to enter a strong candidate in the race. They called Alexander a "traitor" and a "coward."

A lawyer for the Louisiana Democratic Party filed the lawsuit aimed at either forcing Alexander to run as a Democrat or getting him kicked off the ballot altogether. The lawsuit cites a Louisiana law stating "no candidate shall change or add his political party designation ... after he has qualified."

Alexander, of Jackson Parish, won the seat formerly held by Republican John Cooksey by less than a thousand votes in 2002, and only after vigorous campaigning by other leading state Democrats.

The only Democrat remaining in the 2004 race is Zelma "Tisa" Blakes, of Monroe, a political newcomer who called herself a "domestic engineer" when she signed up.

Under Louisiana's open primary system, all candidates run on the same ballot regardless of party. If no one gets more than half the vote on Nov. 2, a runoff will be held in December.

Judge says qualifying must re-open in La. congressional race ;
By ADAM NOSSITER
Associated Press Writer
Update: 2:50 p.m.

PLAQUEMINE -- A state judge called Rep. Rodney Alexander's last-minute re-election switch an attempt to subvert the election process and ordered that the ballot be re-opened for new candidates.
Alexander, who first signed up as a Democrat then switched to Republican just minutes before the qualifying deadline, was not present at the Monday hearing before District Judge Allen Edwards.
The ruling did not set a date for the new sign-up period. He said the new dates should be set after appeals have been exhausted, although lawyers for both Democrats and Republicans seemed somewhat pleased with the outcome and neither side called immediately for appeals.
The effect of the ruling would be to give the Democrats time to find a strong candidate to run for the seat. It did not throw Alexander off the ballot, as the Democrats had asked, although it said he must qualify a third time.
Edwards was highly critical of Alexander's last-minute switch. "Mr. Alexander has attempted to subvert the electoral process for his own peronal gain. His action deprived voters of the right to vote for a Democratic candidate," the judge, a Democrat, said.
"We believe that's not fair," Republican lawyer Bobby Burchfield said afterwards. "We're disappointed the judge made those statements." He called them unfortunate and unnecessary.
Chris Whittington, representing the Democratic Party, said, "The decision hit the nail on the absolute head. He did the best thing he though he could do."
Calls to the Louisiana Democratic party, to ask about possible challengers, were not immediately returned.
Former state Rep. Jock Scott, R-Alexandria, entered the race before Alexander made the switch. Scott has said he is in the race to stay. Zelma "Tisa" Blakes, a little-known Democrat from Monroe also is in the race.
The election is Nov. 2. Under the state's unique open primary system, all candidates run on the same ballot, and if no one gets more than half the votes, a run off will be held in December.
Under Edwards' ruling, both Scott and Blakes will remain on the ballot, but Alexander will be required to re-qualify.
The judge's ruling did not address a central argument in the lawsuit in which Democrats said Alexander had effectively taken himself off the ballot. They cited a Louisiana law stating: "no candidate shall change or add his political party designation ... after he has qualified."
In the hearing, Republican lawyers countered that the change in party was not a withdrawal. They said the process of withdrawing is explicit and Alexander did not withdraw.
Edwards heard arguments in the case Monday morning in Plaquemine, in Iberville Parish, the southern tip of Alexander's 5th Congressional District.
In a sign of how important the national Republican Party views the outcome, Alexander's case was handled by Bobby Burchfield, who also represents House Majority Leader Tom Delay in Texas litigation challenging a Republican-tilted redistricting there, and he also helped argue the Republicans' case in the 2000 Florida election dispute that led to the Supreme Court decision halting the recount.
Alexander, of Jackson Parish, won the seat formerly held by Republican John Cooksey by less than a thousand votes in 2002, and only after vigorous campaigning by other leading state Democrats.
Alexander's district is the largest of Louisiana's seven congressional districts. It covers much of the northeastern and north central parts of the state, and runs south to include Iberville Parish.

Judge says qualifying must re-open in La. congressional race
Capitol News Bureau
Update: 11:05 a.m.

PLAQUEMINE -- A judge today ordered state officials to reopen the sign-up period for candidates in the contest 5th District congressional race.
District Court Judge Allan Edwards said incumbent U.S. Rep. Rodney Alexander tried to manipulate the system when he switched from Democrat to Republican shortly before the original sign-up period for the race Aug. 6.
His switch left the race with a field of two Republicans and one low-profile Democrat. Democrats had filed a lawsuit seeking to get Alexander removed from the race because of his switch or to find some other way to get a better-know Democrat in the field.
Judge Edwards ruled this morning that state officials must reopen the period to sign up candidates, probably this week. Alexander can requalify if he wishes, the judge said.
The two other candidates can remain in the race without signing up again; in addition, any other candidates who would qualify for the race can sign up, too.
The election is Nov. 2.

Judge says qualifying must re-open in La. congressional race
By The Associated Press
10:50 a.m.

PLAQUEMINE -- A state judge has ordered that the sign-up period be re-opened for the Nov. 2 election in Louisiana's 5th Congressional District, where incumbent Rep. Rodney Alexander first signed up as a Democrat, then switched to the Republican party just before the qualifying deadline.
Judge Allen Edwards did not set a date for the new sign-up period, saying it will happen only after appeals _ which are likely _ have been exhausted.
A lawyer for the Louisiana Democratic Party filed the lawsuit aimed at either forcing Alexander to run as a Democrat or getting him kicked off the ballot altogether. The lawsuit cites a Louisiana law stating: "no candidate shall change or add his political party designation ... after he has qualified."

Well, now I see that Jim Brown of PoliticsLA.com is predicting that neither side will appeal that ridiculous ruling, and that several candidates may jump in. This is absurd, especially since Alexander could have just kept his mouth shut and then announced he was switching to the GOP after the filing deadline lapsed, and nobody could have done anything about it. Ayhow, here's the column:

Judge: Re-open Qualifying in the 5th Congressional District

by Jim Brown
PoliticsLA.com columnist
posted August 23, 2004

No last minute switching of political parties. That was the message handed down in scathing language by State District Judge Allen Edwards earlier today, as he ordered that the qualification period be re-opened for 5th congressional district congressional candidates.

Judge Edwards’ ruling used harsh language in concluding that incumbent Cong. Rodney Alexander’s last minute switch from Democrat to Republican was illegal. “Mr. Alexander has attempted to subvert the electoral process for his own personal gain. His action deprived voters of the right to vote for a Democratic candidate,” the judge said.

No date was set by the judge for requalification. Judge Edwards said the new dates should not be set until all appeals are concluded. However sources in both Democratic and Republican camps are saying no appeal could well take place.

“We got about all we could reasonably ask for,” said one key democrat on the inside of party discussions. It’s probably unrealistic to think the Supreme Court would uphold a ruling kicking out Alexander all together. So we look on this as a huge victory for us. Now it’s time to find a really good democratic candidate.”

Don’t look for Cong. Alexander to appeal either. He still feels he can win a solid re-election, and who knows what a Democratic majority on the state Supreme Court may do. And he probably has lost one vote on the high court. Alexander has repeatedly stated that Justice Chet Traylor, who is elected from the same 5th District, urged the Congressman to switch parties and run as a Republican. The Democrats, with good reason, would ask Traylor to recuse himself from any ruling on the issue costing Alexander what might be a much needed vote in his behalf.

So look for qualifications to re-open within the next 10 days. And the Democrats are on the phone as we speak looking for a strong candidate. A number are weighing the race. Sen. Robb Marionneaux lives in the southern part of the district outside of Baton Rouge and was one of the attorneys pressing the case against Alexander. He’s interested. So is Sen. Noble Ellington form Winnfield (my old senatorial district) and Rep. Bryant Hammett from Ferriday (my old hometown). There is also serious talk to recruit a business man or woman; a fresh face with few political ties and some of their own money to spend.

The state Democratic party also feels there is a great opportunity to raise a lot of money out-of-state from Democratic groups who were disturbed about Alexander’s last minute switch. “A number of folks and groups around the country should be willing to ‘send a message’ that democrats won’t roll over and play dead when this kind of disloyalty takes place,” a local party official said.

And Alexander may have trouble in his own party. Jock Scott says he is in the race to stay, and is surprised at the calls from Republicans he has been receiving. Lee Fletcher, who lost to Alexander two years ago in a close race, is also receiving a number of calls to consider a re-run. Fletcher is saying nothing official, but folks close to him feel Alexander is in a real dogfight. “Lee almost won last time. Lee has stayed in touch with his organization and knows the district well. I can tell you he is giving it a close look.”

A lot will happen in the next three days. Look for the battle lines to be drawn and the horses that will run to be decided and public by the first of next week. It would be an understatement to say:” Stay tuned. Much more to come.”

PS: Visit Jim Brown’s web-site at www.jimbrownla.com.

http://www.politicsla.com/columns/Brown/2004/August/082304_reopen.htm

Off topic but a little info on the Senate Race......

John rakes in money from PACs, analysis shows

By The Associated Press
Rep. Chris John, a Democratic candidate for the U.S. Senate from Louisiana, is the third-leading House recipient of financial contributions from political action committees, according to a nonpartisan watchdog group.

Advocate staff photo by Patrick Dennis

U.S. Congressman Chris John (D-La), Crowley, accompanied by his wife Payton, answers media questions during a February press conference in which he announced his candidacy for the U.S. Senate, to replace retiring U.S. Sen. John Breaux (D-La).

The Center for Responsive Politics found that through June 30, the Crowley Democrat had collected nearly $1.2 million in PAC money that came from a range of businesses and labor unions.
John's rivals in the Louisiana Senate race -- U.S. Rep. David Vitter, R-Metairie; Democratic state Treasurer John Kennedy; and state Rep. Arthur Morrell, D-New Orleans -- received much smaller PAC contributions.
Vitter, the only major Republican in the race, collected $616,953 in PAC money through the first half of the year -- 16 percent of his overall contributions.
[end snip]

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