Todd Varnado (l) shaking hands with his attorney, Matthew Percy as co-counsel, Jamie Schutte looks on.
Todd Varnado is still qualified to run for the Ascension Parish Council District 5 seat after Judge Steven Tureau dismissed the incumbent’s Petition in Objection to (Varnado’s) Candidacy. Dempsey Lambert’s suit alleged that Varnado’s “domicile…is not located in Council District 5…(and Varnado)…is not qualified to be a candidate in the primary election” scheduled for October 14. Poorly pleaded, Lambert’s counsel veered away from the fatally flawed argument, instead arguing that Varndado used an address where he does not actually reside when filing his Notice of Candidacy.
That was a losing argument, too.
While he did not have to in order to seek the District 5 seat, Varnado testified that he moved to Marty Low Road after Dempsey Lambert attempted to “draw me out of the district.” Lambert directed his council colleagues to eliminate Varnado’s property on Danny Road from the District 5 map during the redistricting process, “so I moved to Marty Low Road.”
Danny Road lies in Precinct 12, which was shifted to District 11 by ordinance adopted on December 29, 2022. Marty Low Road is situated in Precinct 5, and will remain in the district when the new Council District Map takes effect in January. Varnado obtained a new driver’s license with the Marty Low address, and moved a double-wide mobile home onto property owned by his brother, where he takes care of his grandmother.
https://pelicanpostonline.com/running-scared-dempsey-lambert-sues-to-disqualify-todd-varnados-candidacy/
Varnado testified that he is in the process of moving his possessions from a former address on Danny Road, along with his family that splits time between the addresses which are in very close proximity. He also intends to move two corporate addresses to Marty Low Road.
“As the Court recognized, Mr. Varnado is eligible to run for the District 5 seat whether he resides at the Marty Low address, or Danny Road. We were confident in the result and my client has been open and honest about his intentions every step of the way,” summed up Matthew Percy, representing Varnado along with Jamie Schutte.
Lambert’s counsel advised the court that he would be seeking supervisory writs, an appeal of Tureau’s ruling from the bench. Judge Tureau explained that all jurisprudence calls for the election law “to be liberally construed to promote, rather than defeat, candidacy,” noting that residency at either address (Danny and Marty Low roads) would make Todd Varnado eligible to seek the District 5 seat. Had he remained on Danny Road, the challenger (assuming he wins) would have to move into District 5 when reapportionment goes into effect in January; citing Louisiana’s Constitution: Article 3, Section 4:
The seat of any member who changes his domicile from the district he represents or, if elected after reapportionment, whose domicile is not within the district he represents at the time he is sworn into office, shall be vacated thereby, any declaration of retention of domicile to the contrary notwithstanding.
Taking the stand in Lambert’s case was Murphy Painter, who performed some investigatory work. Painter staked out the residences a few times, and offered disjointed testimony in the vain attempt to cover for Lambert’s lawyer (and his in other litigation).
“Shoeless” (rhymes with “clueless”) Kim Landry failed to prepare a coherent case, hanging her private investigator out as more time was spent arguing over exhibit admissibility than actual testimony. Judge Tureau admonished Painter several times, finally threatening a contempt citation should Painter continue rambling on without responding to an actual question.
Barely into the plaintiff’s case, and it was becoming obvious that Judge Tureau was unimpressed, Kim Landry’s frustration was ever more palpable. Things never improved for the plaintiff’s side, and the prospect of a successful appeal offers more of the same.
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