Libertarian candidate Samuel Davenport overcame a second effort to disqualify himfrom the 2nd Congressional District race Tuesday. The 4th Circuit Court of Appeal ruled8-3 that the challenge to his candidacy, filed by Eliza Eugene and Lawrence Galle, had no legal merit, affirming the decision of Civil District Court Judge Lynn Luker.

Davenport greeted the ruling with jubilation and a challenge to incumbent Cedric Richmond, D-New Orleans. "My opponent, instead of trying to bully himself an election, should just let the people decide," he said. He encouraged his supporters to help him win another victory, this one at the ballot box on Nov. 4.

Ike Spears, a Richmond ally and the lawyer who argued on behalf of Eugene and Galle during the appeal, did not immediately return a message left at his office.

Eugene and Galle's objection to Davenport's candidacy was made predominantly on the grounds that Davenport filled out the wrong address on his forms to register for the ballot.Davenport listed his domicile as 317 St. James Place in LaPlace, where he said he plans to move at the end of the month from a Metairie apartment where he currently lives. The LaPlace residence is in Louisiana's 2nd Congressional District; the Metarie apartment is not.

The qualifying form implies that residency in the district is required, as it is for state offices. However, federal rules do not require congressional candidates to live within the district that they wish to represent, and the 4th Circuit Court's majority said in its opinion that thestate has no authority to impose additional requirements.

Davenport was one of three candidates in the 2nd District race to see his qualifications challenged.Rufus Johnson and Gary Landrieu were both disqualified by lower courts due to outstanding ethics fines related to late campaign finance reporting.

Landrieu appealed that ruling to the 4th Circuit and succeeded in having his candidacy reinstated. Johnson did not appeal the decision.

Voting with the majority were Judge Joy Cossich Lobrano, Judge James McKay, Judge Dennis Bagneris, Judge Max Tobias, Judge Roland L. Belsome, Judge Paul Bonin, Judge Daniel Dysart, Judge Rosemary Ledet.

Dissenting were Judge Terri Love, Judge Edwin Lombard, and Judge Cabrina Jenkins.

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Samuel Davenport, Libertarian candidate for the 2nd District congressional seat, stays on the ballot