PORT ALLEN – A Port Allen voter filed a lawsuit on Friday, July 26th, against Lance C. Joseph, a mayoral candidate. The lawsuit alleges that Joseph does not reside in Port Allen, which violates Louisiana law, and that he provided false information on his registration forms.
UWK found he 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. The lawsuit aims to remove Joseph from the ballot on behalf of a voter.
“…Petitioner objects to the candidacy of Lance Joseph as he has not been domiciled and actually resided for at least the immediately preceding year in the municipality as required by La. R.S. 33:384,” Douglas S. Smith, attorney at law firm Olinde & Mercer, LLC, wrote.
RELATED: A candidate for Port Allen mayor may live in Plaquemine – against Louisiana law
‘Falsely sworn’ information
Smith wrote that Joseph violated candidacy conditions by putting “falsely certified” information on his form. The lawsuit alleged this includes Joseph’s claim that he lived in Port Allen and he votes where he benefits from a homestead exemption.
“Lance Joseph presented certified documents which were falsely sworn, and therefore, is prohibited by law from becoming a candidate for the Office Mayor of Port Allen,” Smith wrote.
A portion of the lawsuit is above. Port Allen mayoral candidate Lance Joseph is accused of not living in Port Allen and is thus ineligible to run for mayor.
Joseph wrote in a text that he is looking forward to litigating this issue.
“I am looking forward to my day in court and after the evidence and the law is considered not only will I be determined to meet the qualifications for the Office of Mayor for the City of Port Allen but, based on my Bachelor of Science degree in Accounting as well as my experience as former City Attorney and current Chief Administrative Officer and nearly 22 years of law practice in tax litigation, insurance regulatory matters, criminal defense and civil litigation on top of my family’s long distinguished history in the City of Port Allen and West Baton Rouge Parish, that I am the best candidate for the Office of Mayor of the City of Port Allen,” Joseph wrote.
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.
Louisianans can claim a homestead tax exemption. The Louisiana Tax Commission states that the tax break can only be applied 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.”
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 said in a phone call last week that despite records showing he lives in Plaquemine with his wife, he primarily resides with his father in Port Allen.
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.
Voter registration records reviewed by UWK showed Joseph is registered to vote in Port Allen.
A judge is required to hold a hearing on the matter within four days, according to a state statute.
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.
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