One of the candidates running for Baton Rouge City Constable says she resides in a Baton Rouge apartment but uses the homestead property tax exemption on a home in Baker. Is that a problem?
Terrica Williams, the Democrat in the Dec. 8 runoff against Republican Trey Bargas, is listed on the East Baton Rouge Parish Assessor’s website as the owner of a residence at 5503 West Tigre Chene Court in Baker. Though Williams is claiming the homestead exemption on the property, saving $816.55 in potential property taxes last year.
When filing to enter the city constable’s race, Williams, on forms at the East Baton Rouge Clerk of Court’s office, listed her domicile as 4150 72nd Ave., Apt. 123, in the Howell Place apartments, which are located within city limits. In a conversation last week, Williams said she has since moved to 8165 Plank Road—the Pirates Bend apartments, also located within city limits.
Which raises the question: Does a candidate meet the residency requirement if she rents within the district while maintaining a primary residence outside of the legal boundaries? And does it matter when she moved into the city of Baton Rouge?
According to Louisiana Revised Statute 13:1880, the City Constable—referred to in the text as a city court marshal—must be a resident elector of the territorial jurisdiction of the court, meaning, for the Baton Rouge race, the candidate must reside in Baton Rouge. Otherwise, the residency requirements for a city constable candidate are pretty open-ended, says Ashley Beck, Metro Council administrator. There isn’t a certain time period over which residency has to be established, and a Baton Rouge address doesn’t have to be the constable’s primary residence.
This isn’t the first time concerns have arisen over a Baton Rouge City Constable candidate’s adherence to LSA-R.S. 18:101(B), which requires a person who has more than one residence, to register to vote in the place where the exemption is claimed. In 2000, Wayne Rogillio ran for the office despite claiming a homestead exemption on a property in Denham Springs. When challenged, Louisiana’s First Circuit Court of Appeal ruled in Walsh v. Rogillio (2000) that he was a qualified candidate because he was not required to register to vote in that parish after establishing a permanent residency in Baton Rouge, reversing a lower court decision.
Similarly, Williams isn’t registered to vote where her homestead exemption is declared. In fact, it does not appear she’s ever been registered to vote through her Baker address. Since 1992 she was registered to vote in the 70812 zip code, before changing to her Pirates Bend address on Aug. 9., according to the East Baton Rouge Parish Registrar of Voters.
Should a candidate’s place of residence be questioned after qualifying, Beck says another qualified challenger could file suit in district court, as in Walsh v. Rogillio. The court would then examine different factors to determine the validity of the candidate’s local residency on a case-by-case basis, Beck says.
Williams declined to comment further on her living arrangements, deferring to her attorney, who could not be reached for comment prior to publication.
The City Constable executes city court orders, such as civil and criminal subpoenas, civil mandates, evictions, judgments and seizures, and also operates the city jail.
