§ La. R.S. 18:44(untitled)

Contesting election; referral for prosecution
A. Whenever the board determines as a result of an investigation that violations of law, irregularities,
error, or fraud have occurred in the conduct of an election which, in the judgment of the board, has resulted
in the apparent qualification for the second party primary or the general election or the apparent election of
a candidate not entitled to be so qualified or elected, the board, upon the favorable vote of three members,
may institute suit to contest the election in order to protect the interest and rights of the state in fair and
honest elections. In addition, for the same cause and upon the same vote, the board may intervene in any suit
instituted by any other party to contest an election.
B. In any suit instituted by the board to contest an election, the provisions of Chapter 9 of this Title shall
apply, except that:
(1) An action instituted by the board to contest an election shall be brought in the district court for the
parish where the state capitol is situated.
(2) In any such suit, each candidate for said office and the secretary of state shall be impleaded and shall
be a party to the suit. The board shall be a party to the suit, and the board may implead as parties other
persons whose interest in the subject matter, by reason of their ministerial duties or otherwise, would be
directly or indirectly affected to the extent that their joinder would be necessary for a complete adjudication
of the controversy.
(3) In any such suit, the petition shall be styled:
"In re the Election for (office)"
(4) The petition shall cite:
(a) Each candidate for said office; and
(b) The secretary of state in his official capacity as the chief election officer of the state.
(5) The petition shall contain, but shall not be limited to, the following:
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R.S. 18:45
(a) The grounds on which the election is contested;
(b) The allegation that except for substantial irregularities or error, fraud, or other unlawful activities
in the conduct of the election, a different candidate would have qualified for the second party primary or a
general election or would have been elected.
(6) The petition shall comply with Article 891 of the Louisiana Code of Civil Procedure, except to the
extent that the provisions of that Article or the Articles cited therein conflict with the provisions of this
Section.
(7) Service of process shall be on the secretary of state, or the commissioner of elections as provided
herein, and shall otherwise comply substantially with the provisions of R.S. 18:1408. By filing notice of
candidacy a state candidate appoints the secretary of state, or the commissioner of elections as provided
herein, as his agent for service of process in any action instituted by the board under provisions of this
Section. If the secretary of state is a named candidate in the petition, then the commissioner of elections shall
be the agent for service of process for all candidates, and in such case, additionally, a copy of the citation
and petition shall be served on the secretary of state in his official capacity as chief election officer of the
state.
(8) There shall be no named party defendant; provided however, that for purposes of the provisions of
Chapter 9 of Title 18 which are applicable to suits instituted under this Section, the word "party" in this
Section shall mean "defendant" in the provisions of said Chapter 9.
(9) Each party in a suit instituted under this Section is considered as being both a plaintiff and a
defendant with respect to all other parties. A party is not required to answer the petition, but if he answers,
he shall do so prior to trial. No exceptions or responsive pleadings may be filed to the answer of a party, and
every fact alleged therein is considered as denied or avoided by effect of law as to all other parties. If a party
does not appear on the date set for the trial, either in person or through counsel, such failure to appear
precludes him from thereafter filing an answer, and from asserting his claims or defenses in the suit and the
court shall not appoint an attorney to represent him pursuant to R.S. 18:1409(A).
(10) Each party may appear and assert his claim or defense as he sees fit.
(11) The court may grant the board injunctive relief prohibiting the parties from instituting or
prosecuting in any court of this state or of the United States any other action or proceeding on the matters
involved in the suit.
(12) The court may render judgment for costs, or any part thereof, against any party, as it may consider
equitable.
C. Whenever the board determines as a result of an investigation or otherwise that a violation of the
Election Code has occurred which is subject to criminal penalties, the board shall present all information
concerning such alleged violation to the district attorney for the judicial district in which the alleged violation
occurred. The district attorney may immediately proceed with such criminal actions or investigations as are
justified by the facts presented or available to him. The information presented by the board to the district
attorney shall be presented to the attorney general and the governor who shall keep such information strictly
confidential, except that the attorney general may proceed with any action permissible within the provisions
of Article IV, Section 8 of the Louisiana Constitution of 1974.