[StBernard] Lee Zurik Investigation: Losing candidate demands justice

[Westley Annis]

Lee Zurik Investigation: Losing candidate demands justice
Reported by: Lee Zurik, Anchor/Chief Investigative Reporter Email:
lzurik at fox8tv.net
			
Print Story Published: 11/29 9:24 pm Share Updated: 11/29 11:01 pm 
A candidate in St. Bernard Parish has filed suit, asking a judge for a new
election.

Peter Rupp lost to Ray Lauga in the Council District A race by just 16
votes. His suit says illegal voters could have cost him the election.

Last month, we uncovered hundreds of former St. Bernard residents who still
voted in the parish.

On Thursday, St. Bernard Parish judge Manny Fernandez will decide if the
District A council candidates should have a new election, based on dozens of
potential illegal voters who cast a ballot in the election.

"Those votes alone could have turned the election," said Kurt Garcia, an
attorney for Rupp.

Rupp's legal team says they've identified 40 District A voters who don't
live in St. Bernard. Our research showed as many as 50, and we weren't close
to combing through all of the voters.

"I want the individual that we have identified, that should not have voted,
taken off the voter list so that only those who have a stake in St. Bernard
Parish can vote," Garcia told us.

The key part of their lawsuit is that their claim that the number of
unqualified voters who were allowed to vote was sufficient to change the
result of the election. 

Court records show Rupp is suing Secretary of State Tom Schedler, St.
Bernard Registrar of Voters Velma Bourg and council candidate Ray Lauga. But
most of the blame by the attorney goes to the registrar of voters.

"Ms. Velma Bourg has a great deal of fault because, had she done her duty, I
believe many of these voters would have been taken out," Garcia said.

A suit like this appears difficult to win. We asked Rupp's attorney, "Are
there any cases where you've seen someone win this type of suit?"

"I've been researching and I haven't found a case yet," Garcia replied.
"It's hard for an attorney and his client to pull the case together."

But Garcia calls his suit different. 

The cases can be difficult because of a short turnaround. Rupp's attorneys
filed the suit Monday, and the trial is scheduled for three days later. Most
attorneys have little time to do research, but Rupp has been busy gathering
evidence which could help them in court.

Equally as difficult could be issues they face in St. Bernard. We've already
identified how Clerk of Court Lena Torres had possible illegal voters
registered at her house, and it's the clerk of court who assigns cases to a
judge. Still, Garcia says he expects a fair trial in St. Bernard.

"Of course those types of issues are going to concern me," Garcia said. "But
as an attorney I have to have hope and belief in the justice system. I have
to have hope that ultimately truth will win.