(The Center Square) – Louisiana Attorney General Liz Murrill is seeking to dismiss a lawsuit that aims to block a proposed constitutional amendment on the March 29 ballot, arguing that the challenge is procedurally improper.
The lawsuit takes issue with the wording of Amendment 2, a measure stemming from Gov. Jeff Landry’s special legislative session aimed at overhauling the state’s tax system.
The amendment proposes a series of fiscal reforms, including lowering the maximum income tax rate, increasing deductions for seniors, revising constitutional funds, and making teacher pay increases permanent.
In a court filing, Murrill contends that the plaintiffs’ request for an injunction against the amendment’s placement on the ballot is moot, as absentee ballots containing the amendment were already mailed to voters on February 20.
The Attorney General’s filing cites case law supporting the argument that an injunction cannot be granted when the act in question has already been completed.
“Where the purpose of the injunctive relief sought is to prevent specifically threatened future conduct, but the act sought to be enjoined has already been committed or accomplished, there can be no ground for an injunction,” the filing states.
Murrill further noted that halting the election process at this stage would create “chaos” and disruption, as early voting is set to begin on March 15.
Additionally, the attorney general argues that the alternative request — an injunction preventing the amendment from taking effect if passed — is legally baseless, as the Secretary of State does not have the authority to enforce constitutional amendments.
With early voting set to begin on March 15, the case raises significant legal and logistical questions about the feasibility of altering the ballot process so close to Election Day. Louisiana courts have traditionally been reluctant to intervene in election matters after voting procedures are underway, citing concerns about potential chaos and voter confusion.
A hearing on the motion for a preliminary injunction is scheduled for Wednesday. However, the attorney general has filed exceptions challenging the plaintiffs’ use of a summary proceeding, arguing that the matter should be handled under ordinary court procedures rather than an expedited process.
The lawsuit was filed on March 3rd as an eleventh-hour challenge to Amendment 2, which the Legislature overwhelmingly approved during the third extraordinary session of 2024.
As of yesterday, the state had not yet filed an opposition briefing, according to William Most, who brought the lawsuit.
“The suit is far more bark than bite,” the attorney general’s office wrote.
