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La. Rev. Stat. § 18:1432 (2026)

Remedies

✓ current as of May 2026
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§1432. Remedies

            A.(1) If the trial judge in an action contesting an election determines that it is impossible to determine the result of election, or the number of qualified voters who were denied the right to vote by the election officials was sufficient to change the result in the election if they had been allowed to vote, or the number of unqualified voters who were allowed to vote by the election officials was sufficient to change the result of the election if they had not been allowed to vote, or a combination of these factors would have been sufficient to change the result had they not occurred, the judge may render a final judgment declaring the election void and ordering a new party primary, primary, or general election for all of the candidates, or, if the judge determines that the appropriate remedy is the calling of a restricted election, the judge may render a final judgment ordering a restricted election, specifying the date of the election, the appropriate candidates for the election, the office or other position for which the election shall be held, and indicating which voters will be eligible to vote.

            (2) If the trial judge in an action contesting an election for the recall of a public officer determines that: it is impossible to determine the result of election, or the number of qualified voters who were denied the right to vote by the election officials was sufficient to change the result in the election, if they had been allowed to vote, or the number of unqualified voters who were allowed to vote by the election officials was sufficient to change the result of the election if they had not been allowed to vote, or a combination of these factors would have been sufficient to change the result had they not occurred, the judge may render a final judgment declaring the election void and ordering a new recall election, or, if the judge determines that the appropriate remedy is the calling of a restricted election, the judge may render a final judgment ordering a restricted election, specifying the date of the election, and indicating which voters will be eligible to vote.

            (3) If the trial judge in an action contesting an election on a proposition determines that it is impossible to determine the result of an election, or the number of qualified voters who were denied the right to vote by the election officials was sufficient to change the result in the election if they had been allowed to vote, or the number of unqualified voters who were allowed to vote by the election officials was sufficient to change the result of the election if they had not been allowed to vote, or a combination of these factors would have been sufficient to change the result had they not occurred, the judge may render a final judgment declaring the election void and ordering a new proposition election, or if the judge determines that the appropriate remedy is the calling of a restricted election, the judge may render a final judgment ordering a restricted election, specifying the date of the election, and indicating which voters will be eligible to vote.

            B. If the trial judge determines that an action contesting an election or objecting to candidacy was filed frivolously, he may award all costs of court, plus a reasonable attorney fee, plus damages, to the defendant.

            Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2010, No. 570, §1, eff. Jan. 1, 2011; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2019, No. 374, §1, eff. June 19, 2019; Acts 2024, No. 640, §1, eff. See Act; Acts 2025, No. 386, §4, eff. June 20, 2025.

Notes of Decisions
Cited in 47 cases (1 in the last 5 years), 1978–2023 · leading case: Kelly v. Vill. of Greenwood, 363 So. 2d 887 (La. 1978).
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Kelly v. Vill. of Greenwood, 363 So. 2d 887 (La. 1978). · cites it 4× “R.S. 18:1432, which provides: The final judgment in an election contest shall declare the election void if: (1) it is impossible to determine the result of election, or (2) the number of qualified voters who were denied the right to vote by the election officials was sufficient…”
Adkins v. Huckabay, 755 So. 2d 206 (La. 2000). · cites it 2× “R.S. 18:1432. Absentee voting should be done in conformity with the Election Code as such statutes are not designed to ensure a vote but rather to permit a vote by a statutorily limited and prescribed method.”
Dumas v. Jetson, 462 So. 2d 266 (La. Ct. App. 1984). · cites it 4× “R.S. 18:1432(B), the district court awarded damages of $500 and an attorney fee of $3,500 to the Clerk of Court and damages of $1,225 and an attorney fee of $7,500 to Jetson.”
Jenkins v. Williamson-Butler, 883 So. 2d 537 (La. Ct. App. 2004). · cites it 6× “R.S. 18:1432 in nullifying the election and ordering a restricted election.”
Savage v. Edwards, 722 So. 2d 1004 (La. 1998). · cites it 5× “R.S. 18:1432 that provides: "If the trial judge in an action contesting an election determines that: (1) it is impossible to determine the result of election,.”
Savage v. Edwards, 728 So. 2d 428 (La. Ct. App. 1998). · cites it 5× “R.S. 18:1432. These revised statutes state as follows: 1431.”
Haynes v. Williams, 446 So. 2d 750 (La. Ct. App. 1983). · cites it 6× “18:1433 provides as follows: "Notwithstanding the provisions of R.S. 18:1432, if a discrepancy sufficient to change the result of the election between the total votes cast at an election and the votes counted for the candidates in the election occurs as a result of a voting…”
Davis v. Malveaux, 945 So. 2d 70 (La. Ct. App. 2006). · cites it 3× “R.S. 18:1432). [13] However, an objection to the qualifications of a voter or to an irregularity in the conduct of an election which, with the exercise of due diligence, could have been raised by objections at the polls is deemed waived.”
Walker v. Rinicker, 681 So. 2d 1 (La. Ct. App. 1996). · cites it 3× “R.S. 18:1432 provides that, if a trial judge in an election contest determines that, first, it is impossible to determine the result of the election, second, the number of qualified voters denied the right to vote was sufficient to change the result, third, the number of…”
Staton v. Hutchinson, 370 So. 2d 106 (La. Ct. App. 1978). · cites it 2× “LSA-R.S. 18:1432. The trial judge voided the result of the primary election and declared a general election between Staton and Hutchinson.”
Trosclair v. Becnel, 150 So. 3d 324 (La. Ct. App. 2014). “R.S. 18:1432(B). Appellee’s failure to raise this issue by appeal or in an answer to the appeal precludes our consideration thereof.”
Fitzmorris v. Lambert, 382 So. 2d 169 (La. Ct. App. 1979). “However, he argues that he has proved a case under R.S. 18:1432, because of illegal votes which were counted, qualified voters who were prevented from voting, and that the votes cast on many machines should not be counted because of irregularities in the election process.”
Show all 47 citing cases →
La. Rev. Stat. § 18:1432(2): 1 case
Haynes v. Williams, 446 So. 2d 750 (La. Ct. App. 1983). “18:1433 provides as follows: "Notwithstanding the provisions of R.S. 18:1432, if a discrepancy sufficient to change the result of the election between the total votes cast at an election and the votes counted for the candidates in the election occurs as a result of a voting…”
La. Rev. Stat. § 18:1432(A): 11 cases
Jenkins v. Williamson-Butler, 883 So. 2d 537 (La. Ct. App. 2004). “R.S. 18:1432 in nullifying the election and ordering a restricted election.”
Savage v. Edwards, 722 So. 2d 1004 (La. 1998). “R.S. 18:1432 that provides: "If the trial judge in an action contesting an election determines that: (1) it is impossible to determine the result of election,.”
Lipsey v. Dardenne, 970 So. 2d 1237 (La. Ct. App. 2007).
Savage v. Edwards, 728 So. 2d 428 (La. Ct. App. 1998). “R.S. 18:1432. These revised statutes state as follows: 1431.”
Wheeler v. Kelley, 663 So. 2d 559 (La. Ct. App. 1995).
La. Rev. Stat. § 18:1432(A)(1): 1 case
John Nickelson v. Henry Whitehorn & Kyle R. Ardoin, in his Off. capacity as Louisiana Sec'y of State (La. Ct. App. 2023).
La. Rev. Stat. § 18:1432(A)(2): 1 case
Ingram v. Seal, 445 So. 2d 3 (La. Ct. App. 1983).
La. Rev. Stat. § 18:1432(A)(3): 1 case
Newchurch v. James, 666 So. 2d 350 (La. Ct. App. 1995).
La. Rev. Stat. § 18:1432(B): 8 cases
Dumas v. Jetson, 462 So. 2d 266 (La. Ct. App. 1984). “R.S. 18:1432(B), the district court awarded damages of $500 and an attorney fee of $3,500 to the Clerk of Court and damages of $1,225 and an attorney fee of $7,500 to Jetson.”
Trosclair v. Becnel, 150 So. 3d 324 (La. Ct. App. 2014). “R.S. 18:1432(B). Appellee’s failure to raise this issue by appeal or in an answer to the appeal precludes our consideration thereof.”
Dumas v. Jetson, 445 So. 2d 424 (La. 1984).
Strong v. Breaux, 612 So. 2d 111 (La. Ct. App. 1992).
Snyder v. Perilloux, 198 So. 3d 237 (2016).
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