REGIRA v. FALSETTA

Granted in part and denied in part. The holding (in the concurring opinion) that R.S. 18:1409(H) is unconstitutional is reversed. See Carrere v. Castano and Lombard, 397 So.2d 798 (La. 1981). Otherwise, the writ is denied.

LEMMON, J., concurs in the denial of this application.

[3] BLANCHE, J., would grant as to the election contest.

The remaining candidate will be elected by less than 1/3 of the voters. No compelling state interest is shown so as to require such a result. Cancelling the election and certifying one who did not receive a majority vote violates the constitutional right to vote and thwarts the electoral process by making election dependent on the death of one's opponent rather than on receiving a majority vote.

DENNIS, J., would grant fully.