In order to qualify for an elected position, the candidate must first fill out a Notice of Candidacy form at the Morehouse Parish Clerk of Court's Office. Toliver qualified on Feb. 14, 2013 and listed his domicile address as Reeves Ave. He also signed the form stating had read and met the qualifications of the office in which he was applying.
A candidate must also be registered to vote in the municipality in which they are running. According to his voter's registration form, Toliver has lived at the Reeves address since Sept. 4, 2012. Upon checking both the State of Louisiana website and his voter's registration card, it is clear that he can not vote in city elections.
On Feb. 21, 2013, a complaint was filed regarding Toliver's ineligibility with the Morehouse Parish District Attorney's Office, leading to an investigation.
According to Assistant D.A. Stephen Sylvester, the office first proved the complainant was a registered voter in the city of Bastrop and they then determined that Toliver indeed lived outside the city limits.
At that time, a suit was filed against Toliver as well as against the Clerk of Court's Office and the Secretary of State of La. The suit states that Toliver does not meet the provisions of LSA-R.S. 33:384, which requires the candidate to actually be domiciled in the district for which he qualifies for at least two years prior to qualifying.
The suit also states that the D.A.'s office is objecting to Toliver's candidacy and asks that the matter be tried by summary process and Toliver declared ineligible as a candidate for Mayor.
When contacted, Toliver stated that he thought he lived within the city limits, even though the city limits signs prove otherwise, as does a map of Bastrop showing the city boundaries.
"Wow, I thought I lived in the city limits," Toliver said. "I don't live in the city?"