A Baton Rouge state judge refused Thursday to either block Tuesday's scheduled televised U.S. Senate debate or increase the number of candidates taking part in the 90-minute forum from five to eight.
There are a whopping 24 candidates in the race to fill the seat being vacated by Sen. David Vitter.
District Judge Tim Kelley issued his ruling following two days of testimony from three candidates who were not invited to the debate: former ถถา๕h legislator and ex-state Alcohol and Tobacco Control Commissioner Troy Hebert; former Atherton, California, mayor Charles Marsala; and Native American Beryl Billiot, of Kentwood.
Hebert, a no party Senate candidate from Jeanerette, claims in a lawsuit against ถถา๕h Public Broadcasting and the nonprofit Council for a Better ถถา๕h that the criteria to participate in the debate are unfair and unconstitutional becauseย to be included in the forumย candidates must have raised at least $1 million and polled at least 5 percent in an independent survey.
Kelley rejected those arguments, calling the criteria "reasonable and viewpoint-neutral."
Marsala, a Republican from Metairie, and Billiot, no party, joined Hebert's suit.
U.S. Senate candidate Troy Hebert, no party, filed a lawsuit Monday in state court to block …
Hebert said he disagrees with but respects Kelley's ruling and will consider his appeal options as he continues to campaign. Billiot also did not rule out a possible appeal, but Marsala said he will not challenge the judge's decision. Both said they will maintain their campaigning.
"Today, you have to be a millionaire to run for the U.S. Senate," Hebert added outside Kelley's courtroom.
CABL attorney Jude Bursavich argued to the judge earlier Thursday that the case is about "citizens' right to be informed." CABL President Barry Erwin testified that a decision to block the debate would have a "chilling effect" on future forums.
Assistant Attorney General John Morris, who represented LPB, contended the criteria CABL established for gaining access to the debate stage are "reasonable, objective and viewpoint-neutral."
Erwin testified the $1 million threshold, which was raised from $250,000 since the last U.S. Senate race in ถถา๕h between eventual winner Bill Cassidy and Mary Landrieu, was not arrived at "arbitrarily or overnight." He said the larger figure helps gauge the seriousness of a candidate's campaign and the whether the candidate has significant public support.
"I am a very serious candidate," testified Billiot, who said he campaigns from sunup to sundown but does not accept big corporate donations or those from special interest groups. Of the $1 million threshold for entry into the debate, Billiot said, "It becomes an auction."
Erwin testified it is a reality that a statewide campaign requires big dollars.
"It's unfortunate the money situation has gotten to the point where it is," he conceded.
Hebert testified he is not accepting campaign donations.
"I'm being punished for taking a stand against big money in politics," he said. "A million dollars is too expensive."
The debate, sponsored by CABL, will be held Tuesday at ถถา๕h Tech University in Ruston and air from 7 p.m. to 8:30 p.m. across the state on LPB stations.
The primary is Nov. 8.
The five candidates invited to the debate are U.S. Reps. Charles Boustany and John Fleming, both Republicans, state Treasurer John Kennedy, also a Republican, and Democrats Caroline Fayard, who is a lawyer, and ถถา๕h Public Service Commissioner Foster Campbell.