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Appeals court clears way for convicted felon to seek office

Written by Walter Pierce
Friday, February 19, 2010

(Update: After the INDsider broke this story late Friday, Abbeville Councilman Francis Touchet told KATC TV3 that he plans to appeal the Third Circuit's ruling to the state Supreme Court.)

The Third Circuit Court of Appeal has reversed a lower court ruling blocking Ernal Broussard from seeking a seat on the Abbeville City Council. Broussard pleaded guilty to a federal felony gambling charge in 2005 — a charge which incumbent Councilman Francis Touchet argued barred Broussard from seeking to unseat him. District Court Judge Marilyn Castle agreed, ruling that Broussard was ineligible to qualify for the election.

Louisiana law prohibits the seeking of elected office until 15 years after a state felony conviction. However, the appeals panel ruled that Touchet did not prove that Broussard’s plea to a federal charge would have constituted a felony under state law. Broussard is now cleared to qualify for the election and challenge Touchet’s District B seat on the council. Had the Third Circuit upheld Castle’s ruling, Touchet would have been unopposed. According to The Abbeville Meridional, Broussard had been actively campaigning for the seat until Castle’s ruling last week.

To read the full Third Circuit ruling, click here.


Walter Pierce
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Comments (6)add
...
written by DG , February 20, 2010 - 03:04 am
Typical political BS. It is a felony but not a felony felony.
...
written by Umm... , February 20, 2010 - 05:27 pm
Interesting reporting, but the headline is misleading. The Appeals Court clearly ruled that Broussard isn't a felon under Louisiana law.

That's one of the reasons he won the Appeal.
...
written by Umm...wrong , February 20, 2010 - 10:15 pm
The Appeals Court did not clearly rule that Broussard wasn't a felon under Louisiana law. The Appellate decision clearly found that there wasn't sufficient proof that the terms of Broussard's guilty plea constituted a felony under Louisiana law. The opinion was embarassingly hollow.
...
written by Umm...yes. , February 21, 2010 - 05:36 pm
It works out to the same thing. Since there wasn't 'sufficient proof', and since the law carries a presumption in favor of allowing candidacy for office so that the decision is left up to the people (voters), the Court ruled the way it did.

Will be interesting to see what the State Supreme Court does, if anything.
...
written by Public School , February 21, 2010 - 09:11 pm
In LA, a felony is a crime which carries a sentence of death or imprisonment at hard labor.

Mr. Pierce thanks for the yellow journalism.
...
written by NORTHSIDIAN SHOTGUN , February 23, 2010 - 04:24 am
AY, YOU THINK ERNAL BROUSSARD WOULD RUN FOR LCG PARISH PRESIDENT, HE WOULD FIT IN JUST RIGHT AND GIVE JODU'NT A RUN FOR HIS MONEY, WITH HIS CREDENTIALS AND JODU'NT CREDENTIALS, PICTURE THIS A DOUBLE TEAMING OF THE PARISH VOTERS , A LA ERNAL $$$$$$$N JODU'NT. " LOCK YA DOORS, MAMA'S !
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