A new lawsuit threatens to expose the identifies of everyone who signed the recall petition against Mayor LaToya Cantrell.
The NoLaToya Campaign says it will fight the Times-Picayune/New Orleans Advocate's suit in court. The newspaper is relying on a state law that says a recall petition becomes public record after one person signs it. That law will now be tested as recall leaders say they'll fight to protect the identities of the people who signed.
"You have a very interesting conflict between two issues," legal analyst and "All Things Legal" host Doug Sunseri said. "One: the recall is a public recall that was advertised in public, that was signed in public, and is a public endeavor versus the right of privacy and the right to have a vote cast without possible retaliation and without answer to someone else."
According to Louisiana Revised Statute 18:1300.5, "upon the signature of the first elector, the recall petition, including the name, address, and signature of each elector who has signed thereon, shall be a public record." However, Sunseri says the case may not be that clear cut.
"I think the judge has to weigh the policies on both ends," Sunseri said. "It's much like a vote. You got into a voting booth and it's a private transaction just involving you and the voting machine. What the NoLaToya campaign is stating is that it's the same deal, whereas the Times-Picayune and the Morning Advocate is stating that: no, this is a public recall petition that these signatures are signed in public--a lot of them at public events--so they're discoverable."
Sunseri says allegations of retaliation by Mayor LaToya Cantrell could factor into the judge's decision.
"(Campaign chair Eileen Carter is) saying that in order, as a public policy, to avoid from being retaliated against for exercising a right to sign a recall petition that it should remain private."
A hearing in the matter is scheduled for Wednesday.
