BATON ROUGE — Lance C. Joseph appealed after he was disqualified from the Port Allen mayoral race Tuesday before the First Circuit Court of Appeal. On Wednesday, the First Circuit upheld the district judge’s ruling meaning Lance Joseph remains disqualified to run for Port Allen mayor.
Joseph’s attorney, Hope Harper, argued that Joseph actually lives in Port Allen and pointed to official documents with a Port Allen address. This includes a driver’s license, voting record and bar registration.
Candidates are required to live in the municipality they seek to represent for at least a year before entering the race in order to run for mayor in Louisiana, per state statute.
Joseph indicated he has “0%” of primary ownership in Port Allen, according to West Baton Rouge Parish tax documents. Instead, Joseph indicated on Iberville Parish Assessor records that his home on Island Drive is “100%” his primary residence.
But – Harper said in the hearing Tuesday that Joseph spends ample time at his Port Allen home. He spends the night at both places, keeps clothes there and eats meals there. In their appeal, the team argued that the district court erred on six specific items. The Appeal Court did not find the district court erred and doubled-down saying Joseph does not reside in Port Allen.
Harper and Joseph did not immediately return a request for comment.
Disqualified in a previous ruling
Judge Tonya Lurry of the 18th Judicial District Court in West Baton Rouge Parish determined Joseph should be removed from the ballot last week for accepting tax breaks designated for someone’s primary residence.
“My decision was based on the language in the notice of candidacy qualifying form, which is why I put emphasis on the homestead exemption in my decision,” said Judge Lurry during the hearing. “A person receives significant financial benefits through the homestead exemption. He has been receiving these benefits for 12 years, more than a decade. That was an overwhelming factor for me to consider.”
Lurry emphasized that election laws are designed to ensure a broad selection of qualified candidates. While the defense provided evidence proving “domicile,” the focus was on the homestead exemption. Whether Joseph intentionally applied for it or not, Lurry noted that he had benefited from it for 12 years and should have known better.
“As an attorney licensed to practice law in this state, this court must believe that he would be aware of not only the avenue to correct this error but also the possible criminal implications that could result from a person receiving such benefit if they were not truly entitled to it,” Lurry wrote in her ruling.
Joseph is an attorney licensed to practice law in Louisiana and a “member in good standing” of the Louisiana State Bar Association. The bar admitted him in 2002. The City of Port Allen hired him to be chief administrative officer in May 2020 and is currently in that role, according to Port Allen’s website and Joseph’s LinkedIn profile.
Read Judge Tonya Lurry’s ruling on Lance Joseph’s eligibility to run for Port Allen mayor. Lurry disqualified Joseph for not actually living in the city he sought to represent.
‘Elected officials should be held to the law as everybody else is’
Doug Smith, an attorney that brought the lawsuit on behalf of a Port Allen voter, said he was pleased with the initial decision to disqualify Joseph.
“You know Port Allen is a small town, like any other small town, we know everything about everybody and Ms. Rizzutto and several other concerned citizens knew that Mr. Joseph didn’t live here and that in the rule of law, our elected officials and those who strive to be elected officials should be held to the law as everybody else is,” said Smith, attorney for Regina Rizzutto.
UWK reported that Joseph may actually live near a golf course in Plaquemine, about 14 miles away from Port Allen. Louisiana law mandates mayoral candidates must live in the area they wish to represent for at least a year before the election.
A Port Allen voter filed a lawsuit on Friday, July 26, to remove Joseph from the ballot after UWK’s report. This led to the July 31, 2024 hearing, resulting in Joseph’s disqualification. Smith said it was apparent that Joseph did not actually live in Port Allen and why they sued to get Joseph removed.
“I think the evidence clearly shows it’s his childhood home,” Smith said. “It’s where his dad lives. We all know at the end of the day you live with your wife and kids. You don’t live with your dad, especially as an adult.”
Joseph said in a phone call in July that despite records showing he lives in Plaquemine with his wife, he primarily resides with his father in Port Allen.
Registered voters have a narrow window to try to remove candidates who may have “illegally qualified” under Louisiana law. They can sue for up to seven days after candidates are accepted to be registered in a primary election, per the Secretary of State.
RELATED: Lawsuit filed over mayoral candidate
RELATED: A candidate for Port Allen mayor may live in Plaquemine – against Louisiana law
RELATED: Judge disqualifies Port Allen mayoral candidate Lance Joseph over homestead exemption
A Port Allen mayoral candidate that primarily lives in Plaquemine
Smith asserted in the lawsuit that Joseph should be disqualified for “falsely certifying” information on his candidate form.
UWK found that Joseph has “100%” primary ownership of a home in Plaquemine, purchased in 2006, according to Iberville Parish property records. He also received a homestead exemption for that property.
The Louisiana Tax Commission stated that the homestead tax break can only apply to one property per person, which must be their primary residence.
“In order to qualify for homestead exemption, one must own and occupy the house as his/her primary residence,” the LTC wrote. “Regardless of how many houses are owned, no one is entitled to more than one homestead exemption, which is a maximum of $7,500 of assessed value.”
Read the property records in question above. Lance C. Joseph is accused of living in Plaquemine and running to be mayor of the City of Port Allen, which may violate Louisiana law.
An Iberville homestead exemption since 2012
Joseph has claimed a homestead exemption on his Plaqueville home for years, according to Iberville Parish Assessor records obtained by UWK.
Randy Sexton, the Iberville Parish assessor, wrote in a letter included in the lawsuit that his office has applied a homestead exemption on Joseph’s home since January 2012 and that “yearly” notices were mailed showing a “homestead was applied.”
Joseph received up to $90,000 in tax breaks from 12 years of the Iberville homestead tax exemption.
West Baton Rouge Parish assessor records show Joseph is listed as an owner for a home in Port Allen, but:
- Has “0%” of ownership.
- Wrote “no” as to whether it is his primary residence.
- Selected “no” when asked if it is his homestead property.
Joseph is registered to vote in Port Allen, according to voter registration records reviewed by UWK.
Smith said he understood that Joseph has definite roots in Port Allen and spends considerable time there, but the law is clear about when you can run for office.
“You can’t run for the mayor of Port Alan when you live in Plaquemine,” Smith said.
A judge is required to hold a hearing on the matter within four days, according to a state statute.
Shannon Thornton contributed to this report.
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