‘Jungle’ Primary bill subject of lawsuit from Baton Rouge attorney, previous political candidate

BATON ROUGE, La. (WAFB) - A Baton Rouge-based attorney is asking a judge to side with him on claims that Governor Jeff Landry and state lawmakers skirted due process laws to push through a bill targeting Louisiana’s “jungle” primary voting system.

Attorney Jeffry Sanford is scheduled for a hearing on January 24 before District Judge Don Johnson.

Sanford’s lawsuit names Landry and House Speaker Phillip Devillier as defendants. The filing states that Landry declared a state of emergency on January 14, and it was later announced that state offices would be closed on January 16.

Sanford writes that the legislative Governmental Affairs Committee of the state’s House of Representatives heard public testimony on House Bill 17 on January 16. Sanford describes that meeting as “fraudulently concealed,” and argues that members of the public would not have thought to attend the hearing because of the announcement about the closure of the state offices.

The bill in question - House Bill 17 - was approved by lawmakers and now awaits Landry’s signature. House Bill 17 ditches Louisiana’s “jungle” primary system in which all candidates compete in the same election regardless of party affiliation.

Under the “jungle” primary system, the candidate with more than 50% of votes wins outright. In a situation where there is no outright winner, the top two vote-getters advance to a general runoff.

House Bill 17 would do away with that system in favor of party-based primary elections. Registered Republicans and registered Democrats would vote in separate, partisan primaries to narrow their field of candidates. The top vote-getter from each party would then advance to the general election.

Lawmakers only allowed the bill to apply to congressional elections, positions on the state’s Board of Elementary Education and Secondary Education (BESE), the Louisiana Public Service Commission, and the Louisiana Supreme Court.

Lawmakers wrote the bill so that the new system would begin in 2026.

Sanford’s lawsuit makes clear that he is in support of Louisiana continuing to use the Jungle Primary system. He argues that ending that system “deprives” independent voters and unaffiliated political candidates of opportunities to equally participate in elections.

Sanford identified himself in the filing as a “three time previous candidate for elective office unaffiliated to either the Democrat or Republican Party and as an announced independent candidate in the race for Mayor-President of East Baton Rouge Parish.”

Parts of the lawsuit sought to stop further public hearings on the bill until the judge considered issuing a temporary restraining order. Those arguments appear to be moot now that the bill has been fast-tracked to Landry’s desk.

Attorney General Liz Murrill issued a memo Monday, January 22, stating that her office does not represent any party in the case, but found several “deficiencies.”

Murrill’s memo states that “going forward with the hearing in its present posture would be a vain and useless exercise that cannot result in an effective judgment.”

Murrill notes that Sanford can amend his current lawsuit to address those moot claims or file a completely new lawsuit.

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