A candidate's eligibility to run for public office in Port Allen, Louisiana, has been called into question following a recent court ruling. On August 8, 2024, April King filed a complaint in the Eighteenth Judicial District Court against Shelton Berry, alleging that he did not meet the residency requirements to run for the City Council of Port Allen, District IV.
The case centers around Berry's candidacy filing on July 19, 2024. According to Louisiana Revised Statutes (La. R.S.) 33:384 and 33:385(A), candidates must have been domiciled and actually resided in their respective municipality for at least one year preceding their candidacy filing. King contends that Berry failed to meet this requirement as he had voted in East Baton Rouge Parish elections on October 14 and November 18, 2023—less than a year before his candidacy declaration. King supported her claim with voter lists from the Louisiana Secretary of State.
During the trial on July 30, 2024, Berry testified that while he had a secondary residence in Baton Rouge from 2020 through 2023, his primary domicile was always in Port Allen at his family home on Avenue A. He presented various documents such as his driver's license issued on April 21, 2022, which listed his Port Allen address, and a water bill dated July 1, 2024. Despite this evidence, the district court found that Berry did not satisfy the residency requirement due to his voting record and time spent living in Baton Rouge.
Berry appealed the district court’s judgment but faced an uphill battle given Louisiana’s strict interpretation of election laws designed to ensure candidates genuinely reside within their electoral districts. The court ruled that despite Berry's documentation and testimony about his intent to reside in Port Allen permanently, his actions—specifically voting outside of Port Allen—demonstrated otherwise.
April King's legal team argued successfully that Berry's secondary residence undermined his claim of continuous domicile in Port Allen. The district court emphasized that evidence like utility bills addressed "C/O SHELTON BERRY" did not conclusively prove actual residency over the required period.
Berry raised two assignments of error on appeal: first, disputing the trial court’s interpretation of La. R.S. statutes regarding residency requirements; second, challenging the sufficiency of evidence presented against him concerning his connection to Port Allen. However, appellate courts tend to defer to lower courts' factual findings unless they are manifestly erroneous or clearly wrong—a standard Berry could not overcome given the evidence against him.
The plaintiffs seek affirmation of disqualification from candidacy based on established legal precedents emphasizing genuine residency over nominal claims. They argue this is crucial for maintaining electoral integrity and ensuring representatives truly reflect their constituencies.
The case underscores how election laws are interpreted strictly yet liberally construed to favor candidacy where possible. However, candidates must provide compelling evidence of continuous residency when challenged—a burden Berry ultimately failed to meet according to both lower and appellate courts.
Attorneys involved include Michelle A. Charles representing defendant/appellant Shelton Berry and Douglas S. Smith Jr., representing plaintiff/appellee April King. The presiding judge was Honorable Elizabeth A. Engolio under Case Number 1049360.