A district judge won't stand in the way of votes being counted in a legal challenge to two of four amendments to Louisiana's Constitution that appear on Saturday's ballot, but said the case can otherwise move forward.
The case, brought this month by several voter plaintiffs and the group Voice of the Experienced — which is led by formerly incarcerated people — largely objects to processes by which Amendments 1 and 3 made it to voters. It alleges lawmakers violated procedures laid out by the state constitution.
The lawsuit names Louisiana Secretary of State Nancy Landry as a defendant. The Louisiana attorney general's office has filed to intervene in the case.
As part of the suit, the plaintiffs asked Judge William Jorden to temporarily block votes from being counted or the amendments from taking effect. Jorden denied that request at a hearing in Baton Rouge Tuesday, saying he was not inclined to order such a block "at this 11th hour."
But "I do believe that the constitutionality needs to be addressed, absolutely, 100%," the judge added. Jorden did not take a position on the merits of the case, but left it open to continue for further review.
Amendment 1 concerns specialty courts and discipline for out-of-state attorneys. Amendment 3 deals with the process by which teenagers ages 14-16 can be criminally charged as adults. More on the amendments can be read here.
Tuesday's hearing primarily dealt with arguments around the request to temporarily block votes, with an attorney for the secretary of state's office arguing that stopping the count at this point would only cause confusion and turmoil.
"You've messed up the administrators of the election, you've messed up voters, you've messed up everybody," the attorney, Celia Cangelosi, said.
Going forward, some discussions of affidavits already entered into the case and other filings suggest it will wade into discussions of arcane legislative protocol. Those include the allegations around the constitutionality of the amendments.
In addition to procedural concerns, the suit contends, in part, that Amendment 1 violates a principle called the "single object" rule — essentially, that it is trying to do more than is permitted without being a revision of a full constitutional article.
This is the second lawsuit brought against the amendments up for a vote this month. Last week, Louisiana's Supreme Court tossed a lawsuit that took aim at Amendment 2, a change concerning the tax code and teacher pay that has generated public interest.
The case against Amendments 1 and 3 now continues in the same courtroom, with the goal of invalidating them. If voters don't sign off on the amendments, however, it would likely be moot.
This story was produced by the Gulf States Newsroom, a collaboration between Mississippi Public Broadcasting, WBHM in Alabama, WWNO and WRKF in Louisiana and NPR.
