Secretary of state says he can’t overturn the charter election, and the scramble continues 

Photo by Travis Gauthier
Councilman William Theriot stands in front of parish and city voting maps at a town hall on the council split last year.

The gist: The secretary of state tossed fixing the charter amendment errors back to Lafayette officials, acknowledging he doesn’t have the authority to disqualify the election that created separate city and parish councils. But he predicted a suit would come if new elections aren’t held to address the mapping mistakes.

Get up to speed, quickly: Mayor-President Joel Robideaux and Secretary of State Kyle Ardoin kicked over an ant pile Thursday, saying last year’s vote to split the City-Parish Council should be overturned. Discrepancies were found between the new city council district map and the accompanying legalese that describes it, leading some to call for a new election. The parish council maps are fine. Anxieties on the issue were stoked by public appearances by Ardoin and Robideaux on Thursday. Now, you’re caught up. (Sort of.)

Ardoin walked backed his bombshell Friday, telling The Advocate he did not have the authority to throw out the election. He said the matter should be settled by Lafayette officials and quickly. Without supplying any legal basis, Ardoin warned someone would almost certainly sue if a new election wasn’t called, although it’s unclear whether one is even possible. Ardoin says he can’t call for the re-vote. And it doesn’t appear that the council can call for one either.

That leaves an ordinance as the most likely remedy. City-parish attorneys are reportedly digging through legal precedents for a way out of the chaos. Historically, boundary changes due to annexations, census changes and population shifts have been handled by ordinance. So far, there’s been no record of a formal challenge levied against the Dec. 8 election, which was canvassed — certified, in other words — on Dec. 18. State law provides a 30-day window to challenge an election after canvassing. After that window closes, the results are the law of the land. A legal challenge to consolidation itself was thrown out on those grounds back in 1996.

30 days before qualifying is the hard deadline to get a fix in place, according to Lafayette Parish Registrar of Voters Charlene Meaux-Menard. Qualifying for the Oct. 12 election begins Aug. 6. That leaves a lot of time to get an ordinance through to fix the errors.

Let me introduce you to precinct 74, the biggest little problem on the map. It’s a large precinct near Downtown, more or less comprised of the Elmhurst neighborhood, and is split between districts 2 and 3 of the new city council voting map. Demographer Mike Hefner’s legal description — the legalese translation of the map — inadvertently omitted several blocks of the precinct in District 2, leaving 329 voters potentially without representation. Because of its size, the precinct remains a sticking point, according to Meaux-Menard. Precinct 74, like the majority of the city, voted in favor of the charter amendments. The proposition took 76 percent of the vote in the neighborhood.

A portion of Precinct 74 was omitted from the legal description of the city council district map. Map courtesy Lafayette Parish Registrar of Voters

Everywhere you look, a lawsuit. Opponents and proponents of the charter amendments have both hinted at legal action if things don’t go their way. Fix the Charter PAC President Carlee Alm-LaBar (full disclosure: an early financial supporter of The Current) tells me all options are on the table should the election results be overturned. Meanwhile, as noted, Ardoin has suggested that a lawsuit is sure to follow if the election results aren’t overturned.

What to watch for: What comes out of a Monday meeting called by Ardoin. He’s gathering local election officials, lawyers, the mayor-president and Council Chairman Jared Bellard to suss out next steps and present his staff’s findings. Bellard and other council members I’ve spoken with say they’ll take their cues from city-parish attorneys on what to do next.

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