Judge dismisses Landrieu Louisiana residency challenge
© Greg Nash

A Louisiana judge on Friday threw out a challenge to Sen. Mary LandrieuMary LandrieuMeet Mitch Landrieu, the 2020 dark-horse Dem Medicaid rollback looms for GOP senators in 2020 Five unanswered questions after Trump's upset victory MORE’s (D-La.) residency status brought against her by a former Republican opponent.

Baton Rouge, La., District Judge Wilson Fields dismissed the challenge, brought by state Rep. Paul Hollis (R), because he said the U.S. Constitution says a senator’s residency only matters the day of the election.

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“She has not been elected, and if I read the Constitution, in its plain language it says ‘when elected,’ ” Fields said, according to The New York Times.

He said the court could hear a challenge to Landrieu’s residency status only after Election Day.

Hollis filed a legal challenge last week alleging that Landrieu can’t represent Louisiana in the Senate because she doesn’t live in the state.

His challenge, and one filed by current Republican candidate Rob Maness, which was dismissed, cites the fact that Landrieu listed her parents’ house in New Orleans when she qualified for the ballot last month. The senator owns that house with her mother and her eight siblings.

She listed her Capitol Hill home, which she owns with her husband, on the statement of candidacy she filed with the Federal Election Commission in January.

Hollis said he isn’t sure if he’ll appeal the ruling and will decide the day the election is decided — Nov. 4, or Dec. 6, if the race heads to a runoff — whether he would appeal the ruling or bring another suit.

Republicans have seen the residency issue as an opening to hammer Landrieu as out-of-touch with Louisiana, and despite the dismissal of the lawsuit, they plan to continue that theme.

"Today’s ruling does nothing to change the fact that Mary Landrieu is more committed to Barack Obama and Washington, D.C. than Louisiana, and we will continue to highlight that fact throughout this fall," Louisiana Republican Party executive director Jason Doré said.

Landrieu is locked in a tough battle with Maness and Rep. Bill Cassidy (R-La.), critical to Senate control, that is likely headed to a December runoff.