We summarize for your use the results of the Louisiana federal and state races and constitutional propositions held November 4, 2008. More than 1.9 million Louisiana voters turned out in record or near record numbers (over 67% statewide) to consider an unusually heavy slate of contests. Besides the national races, which included US Senator and action in five of Louisiana’s seven congressional districts, voters were presented with choices for a successor to a 30-year retiring State Supreme Court justice, three open legislative seats, a public service commissioner post, as well as a bevy of candidate and proposition issues at the local level. The returns, set forth below, are mostly complete, but unofficial.

Ever unpredictable, Louisiana voters went overwhelmingly for the McCain/Palin ticket by 58/38%, but returned two-term Democratic Senator Mary Landrieu to Washington for a third stint. The presidential hopefuls had long ago abandoned Louisiana as any sort of state in play. Neither McCain, the national ticket, nor the endorsement by popular first term Governor “Bobby” Jindal, provided coattails for Sen. Landrieu’s main challenger, Republican State Treasurer John Kennedy, who was defeated by six percentage points. Kennedy’s late charge could not make up enough ground to seriously threaten the broad base of support Landrieu enjoyed as enough Republicans crossed over to hand her the victory.

Congressional incumbents won outright or are expected to win in four of five races held under the state’s first full election cycle since abolishing its unique open primary system for federal elections. Incumbents Charley Melancon (D-Napoleonville) and Rodney Alexander (R-Quitman) previously qualified unopposed and returned to office.

Voters approved only three of seven constitutional propositions, a reversal of outcome since Louisianians typically amend their constitution without compunction. Mirroring national concerns over the credit crunch, plunging stock market and an uneasy view of their future economic well being could have contributed to these failures. A related explanation could be the use “hot button” “code words” in these measures, such as “tax” in one, “stock” in another and “property” in a third - all of which died. As none of these propositions appeared to impact any citizen’s tax liability, voters nonetheless employed a “take no chances” attitude and voted “No” in these down ballot items.

Louisiana’s Nine Electoral Votes For McCain
Senator McCain beat Senator Obama in all but nine of Louisiana’s 64 parishes in all corners to win the race going away. McCain swept traditional Republican strongholds in Jefferson, Lafayette, Ouachita and St. Tammany parishes in formulating a potent urban, metro and rural block. Obama captured traditionally Democratic Orleans Parish and used strong support from Shreveport Mayor Cedric Glover and organizational efforts to win Caddo Parish, narrowly won in East Baton Rouge parish as well as five lesser-populated parishes dominated by Democratic minded voters. Watch for further evidence of Obama/DCCs’ unprecedented organizational machine being brought to bear in the runoff for the 4th congressional seat.

Taxes-NO!
Generally, new tax propositions universally failed statewide even in the face of strong political and business group support. Case in point is the proposed $1 Billion sales/millage tax proposition dedicated to infrastructure improvements and economic incentives for business which narrowly lost in East Baton Rouge Parish. Touted by popular Mayor Kip Holden, the Capital Area Chamber and a host of other endorsers combined with a heavy turnout could not persuade enough voters to their side and the measure went down by 3,500 votes out of more than 188,000 cast.

Congressional Races:
Louisiana’s delegation of seven congressional seats will either remain 4-Republicans/3-Democrats or switch to 5 and 2 and look like this:

First: Steve Scalise (I) (R-Jefferson)
Second: Bill Jefferson (I) (D-New Orleans) Faces token opposition in December runoff.
Third: Charley Melancon (I) (D-Napoleonville)
Fourth: John Fleming (R) meets Paul Carmouche (D) in December runoff.
Fifth: Rodney Alexander (I) (R-Quitman)
Sixth: “Bill” Cassidy (R-Baton Rouge)
Seventh: Charles Boustany (I) (R-Lafayette)

In the three-way, winner-take-all, battle royal for the Sixth District centered in the Greater Baton Rouge area, seven month Democratic incumbent Cong. Don Cazayoux (D-New Roads) was turned out of office by a first term Republican state senator in a race likely determined by the presence of an African American Democratic state representative who had run in the spring democratic primary as a D, but ran again as a No Party Candidate. Senator Bill Cassidy (Baton Rouge) defeated Cong. Cazayoux 48%/40% with State Rep. Michael Jackson trailing. Not even an Obama endorsement and aggressive DCCC and other third party organizational and media support could peel hard core Jackson supporters off their candidate. His 12% of the vote provided the margin of Cong. Cazayoux’s defeat. A third party campaign attacking Cazayoux for his pro check off ballot stance may have helped galvanize his opposition.

Cassidy’s win opens a Baton Rouge based state Senate seat likely to be filled by a Republican in a Spring special election as yet to be set.

Republican Steve Scalise won his first full term to the First District seat, turning back an aggressive and largely self-funded challenge by Democrat business owner, Jim Harlan by a large margin. Scalise had been elected to this post when former Cong. Bobby Jindal was elected governor last year.

First term Republican incumbent and retired physician Charles Boustany beat back a strong and well-funded challenge from Democratic State Senator “Don” Cravins (Opelousas) in the Acadiana based Seventh District winning 62/38%.

Indicted Incumbent Cong. William “Bill” Jefferson defeated political newcomer Helena Moreno in the Democratic runoff election by 10% points. This outcome in the heavily Democratic Second District virtually guarantees his return to office over minor Republican and other party opposition in the December runoff.

The only open seat contested, that to replace retired multi-term Republican “Jim” McCrery in the Northwest Louisiana based Fourth District, will pit retired Caddo parish DA Paul Carmouche, a Democrat, against Republican first timer Dr. John Fleming, a Minden doctor, in the December runoff. Carmouche comfortably defeated retired Col. “Willie” Banks in the Democratic runoff while Fleming bested businessman Chris Gorman in a hard fought campaign. Look for this race to attract national attention as one of the few remaining congressional battles where the R’s have a shot to stop the loss of previously safe seats and avoid increasing their vote deficit to the D’s in the Congress .

Of passing interest is the fact that two medical doctors have been elected to Congress from the Pelican State. Should Dr. Fleming prevail, the delegation will have three, Republicans-all. This appears to be a first for the state.

Appel Elected Senator in District; Thibaut/Landy win Seats in House 18 and 31
Three seats for unexpired terms in the Louisiana Legislature were open for election yesterday. Businessman Conrad Appel (R-Metairie) overtook the primary lead of three time candidate Polly Thomas (R-Kenner) to capture the Jefferson Parish based Senate seat for the unexpired term created when Steve Scalise was elevated to the Congress. Appel, with strong backing from business groups, won by 5% points.

In a fray between Democrats who are both Insurance agents/financial planners, Major Thibaut (Oscar) nosed out rival Troy Grezaffi (Livonia) by 52/48% to replace Don Cazayoux. Thibaut benefited from the support of business groups in this district based across the Mississippi River from Baton Rouge.

Finally, attorney Nancy Landry (Lafayette), running now as a Republican, defeated Maurice businessman Troy Theriot (R) with 61% of the vote. Landry succeeds to the unexpired term of Don Trahan, who beat her by less than 100 votes in 2007. Trahan, former chair of the House Education Committee, took a position with State Superintendent of Education Paul Pastorek.

Short Term Full House?
With these vacancies being filled, the House is at its full compliment of 105 members. However, that may be short lived as Rep. JP Morrell (D-New Orleans) looks to be the frontrunner to fill the unexpired term of former senator Derrick Shepherd, who resigned from office as a part of a plea agreement with federal prosecutors. This district spans both Orleans and Jefferson parishes and is minority/majority. The election will be held as part of the December 6 runoffs.

Guidry Elected to Louisiana Supreme Court/ Kimball To be Chief Justice
In a battle between southshore/northshore Republican court of appeal judges for a rare open seat on the state’s highest court, 5th Circuit Judge Greg Guidry (R-Nine Mile Point) defeated 1st Circuit Judge “Jimmy” Kuhn (Ponchatoula) by 20%, a margin wider than expected in this hotly contested race. Both business and trial bar interests committed substantial resources and effort for the chance at a 10 year term on the seven member tribunal to replace retiring Chief Justice Pascal Calogero, the last holdover from the court’s old liberal wing. With both jurists viewed as generally conservative in their positions, observers believe the Court’s balance was headed to the right regardless of the result.

Associate Justice “Kitty” Kimball (D-New Roads), as the justice with the longest tenure, will automatically succeed to the “first among equals” role and the distinction of being Louisiana’s first female Chief Justice.

Public Service Commission Seat To Skrmetta
Businessman/attorney Eric Skrmetta (Metairie) upset the comeback bid of former commissioner John Schwegmann (No Party-Metairie) winning with 60% of the vote. Skrmetta prevailed after running uphill following finishing second against Schwegmann in the primary. Skrmetta battled back in the face of the New Orleans Times Picayune endorsement for Schwegmann, name recognition from Schwegmann’s prior tenure on the PSC from 1980-1996 and his wife Melinda, being the first woman Lieutenant Governor of Louisiana from1992-1996, commotion surrounding a fundraiser thrown by current PSC chair Jay Blossman, and Skrmetta’s acceptance of contributions from utility entities to prevail by 20% points. The fallout from Skrmetta/Blossman fundraiser sparked other commissioners to confect rules prohibiting such future events, at the risk of $5,000 penalties for breaking those rules. The PSC’s First District covers the north shore of Lake Pontchartrain, including all of St. Tammany, St. Bernard, Plaquemines and parts of Jefferson, Livingston, Ascension, Tangipahoa, among other parishes. His election maintains the presence of two Republicans on the roster of the powerful 5 member utility regulatory authority.

Constitutional Amendments
Louisiana voters had seven constitutional amendments to evaluate dealing primarily with technical changes. The first would establish term limits for members of certain state boards, and commissions such as the public service commission similar to those imposed on legislators in Louisiana in 1995. All boards and commissions without limits set would be restricted to three consecutive terms. This amendment passed with 69 percent of the vote.

Amendment No. 2 required two additional days to be added to notice by the governor calling for a special legislative session. This would allow legislators and the public to have additional time to ready themselves and their families and businesses for their departure. The second amendment passed with 59 percent of the vote.

The third amendment allows the legislature to appoint a temporary successor to a legislative district seat if the current member is called up to active military duty that would prevent them from being an active member of the legislature. Current law does not allow those impacted districts to have representation if the current member gets called up and chooses not to resign. Amendment No. 3 passed with 62 percent of the vote.

Amendment No. 4 would have allowed those parishes where severance tax is originated to receive the additional funds coming out of their parish; rather than receiving a set sum that is adjusted annually for inflation, regardless where the severance tax originated. The increase would have been dedicated primarily to infrastructure improvement and rehabilitation and also set aside funds for the Atchafalaya Basin Conservation Fund for this purpose. This amendment failed to pass with only 45 percent of voters manifesting their approval.

The fifth amendment allowed new homeowners to transfer special property tax assessments when property had been previously sold to or seized by the government. Amendment No. 5 failed to pass by only 1848 votes.

The sixth amendment on the ballot would have reversed a recent constitutional amendment concerning re-sale requirements for property taken for public purpose, harm to the public or health reasons, if held for less than 30 years. The state would have been allowed not to make the first offer back to the prior owner before offering it to a third party. Amendment No. 6 failed to pass by 15,897 votes.

Amendment No. 7 voted would have allowed non-pension, post employee benefit public funds to be invested in stocks. Such investments are currently prohibited and will continue to be prohibited as 56% of voters registered their opposition.

Conclusion
It is our privilege to represent you. The Adams and Reese Governmental Relations Team will be providing additional information regarding the December 6 elections. Please feel free to contact us if you have any questions. We will be more than happy to answer your questions or to provide you with any information we can. Please feel free to reference the summary of results of all Louisiana elections, reproduced from the Secretary of State’s website, which we have provided here for your ready reference.

Your Louisiana Adams and Reese Governmental Relations Team:

E. L. Henry, Esq.
Robert L. Rieger, Jr., Esq.
V. Thomas Clark, Jr., Esq.
J. Robert Wooley, Esq.
Richard B. Easterling, Esq.
Lee C. Reid, Esq.
Christopher P. Coulon, Governmental Affairs Advisor
Alisha M. Duhon, Governmental Relations Coordinator