McGrath declines GOP request on senator's residency
Posted on June 13By MATT GOURAS of the Associated Press
HELENA - Attorney General Mike McGrath told the House speaker Friday that he won't be looking into the residency status of a state lawmaker who works in his office.
McGrath said Scott Sales' request does not conform with the requirements for a formal attorney general opinion.
Sales, a Republican, asked McGrath last week to look into the residency of Democratic Sen. Jesse Laslovich. Sales said he doesn't think Laslovich lives in Anaconda and shouldn't be able to represent the area.
But McGrath, in a letter to Sales, said attorney general opinions are reserved for questions of law, and are not meant for fact-finding.
Sales did not immediately return a call seeking comment.
McGrath also said state law allows the House speaker to ask for formal legal opinions only on issues related to the office. He said the residency of Laslovich does not relate to Sales' position.
The attorney general also referred to an analysis done by legislative attorney Greg Petesch, where Petesch says a candidate's intent is a big part of determining residency. Petesch also says state law allows for lawmakers to temporarily move with the intention of returning.
Past decisions on the issue have found that residency is largely a matter of intent.
But McGrath said he wasn't in a position to make a determination on Laslovich because "no mechanism exists in the opinion process for the gathering of evidence through investigation and hearing and determination of factual issues."
Laslovich, a lawyer, also works in McGrath's office and owns a Helena home. He used his parents' Anaconda address when he filed for re-election, and has said he doesn't consider Helena his permanent residence in part because his current job is a temporary one.
The Democrat has said that Sales' request is "a little bit of politics."
Copyright © 2008 Missoulian
Monday, June 16, 2008
Sunday, June 8, 2008
Laslovich Residency Response
June 7, 2008
Letter to Editor
Mike Denision's, Standard State Bureau, article, “Legislator's Residency in Question”, reported that House Speaker Scott Sales asked Attorney General, Mike McGrath, for a formal opinion on the residency of Senator Jesse Laslovich. I'm the Republican candidate for Senate District 43. Until the article was published, I was not aware that Mr. Sales had filed a formal complaint with the AG. I'm also in the process of questioning Mr. Laslovich's residency with the Secretary of State's office and the Office of Political Practice. At this point, I considered the residency question an administrative matter to be resolved by one of the agencies. Requesting a formal opinion from the AG converts what should be an administrative matter to a legal and ethical issue. Mike McGrath, AG, is the one who hired Mr. Laslovich. The AG appears to have a conflict of interest and should not issue an opinion concerning Laslovich's residency.
Mr. Laslovich's candidacy raises two Constitutional issues, separation of powers and district residency. As a legislator, Mr. Laslovich is Chairman of the Judicial and Ethics Committees. Although he's still a legislator, Mr. Laslovich is working for the Attorney General's Office of Consumer Protection. The Separation of Powers clause states, “No person or persons charged with the exercise of power properly belonging to one branch shall exercise any power properly belonging to either of the others...”. Concerning residency, the Legislative Qualification clause states, “ For six months next preceding the general election, he shall be a resident of the county if it contains one or more districts”. From an objective point of view, Mr. Laslovich is working in Helena for the AG, his wife is working for a Helena law firm and their residence is in Helena. Mr. Laslovich stated that residency “boils down to the intent of the person...” and that he uses his parents address because he considers Anaconda his home. When he was attending law school, his parents' address was his residence. Now that he's graduated law school, married, employed and living in Helena, the response that he considers Anaconda his “intended” residence is no longer persuasive or appropriate.
Dick Motta
Candidate Senate District 43
Letter to Editor
Mike Denision's, Standard State Bureau, article, “Legislator's Residency in Question”, reported that House Speaker Scott Sales asked Attorney General, Mike McGrath, for a formal opinion on the residency of Senator Jesse Laslovich. I'm the Republican candidate for Senate District 43. Until the article was published, I was not aware that Mr. Sales had filed a formal complaint with the AG. I'm also in the process of questioning Mr. Laslovich's residency with the Secretary of State's office and the Office of Political Practice. At this point, I considered the residency question an administrative matter to be resolved by one of the agencies. Requesting a formal opinion from the AG converts what should be an administrative matter to a legal and ethical issue. Mike McGrath, AG, is the one who hired Mr. Laslovich. The AG appears to have a conflict of interest and should not issue an opinion concerning Laslovich's residency.
Mr. Laslovich's candidacy raises two Constitutional issues, separation of powers and district residency. As a legislator, Mr. Laslovich is Chairman of the Judicial and Ethics Committees. Although he's still a legislator, Mr. Laslovich is working for the Attorney General's Office of Consumer Protection. The Separation of Powers clause states, “No person or persons charged with the exercise of power properly belonging to one branch shall exercise any power properly belonging to either of the others...”. Concerning residency, the Legislative Qualification clause states, “ For six months next preceding the general election, he shall be a resident of the county if it contains one or more districts”. From an objective point of view, Mr. Laslovich is working in Helena for the AG, his wife is working for a Helena law firm and their residence is in Helena. Mr. Laslovich stated that residency “boils down to the intent of the person...” and that he uses his parents address because he considers Anaconda his home. When he was attending law school, his parents' address was his residence. Now that he's graduated law school, married, employed and living in Helena, the response that he considers Anaconda his “intended” residence is no longer persuasive or appropriate.
Dick Motta
Candidate Senate District 43
Laslovich Residency Questioned
Legislator’s residency in question
By Mike Dennison, Standard State Bureau - 06/06/2008
HELENA — The Republican speaker of the Montana House is questioning whether state Sen. Jesse Laslovich, D-Anaconda, is a legal resident of the district where Laslovich is running for re-election.
On Thursday, House Speaker Scott Sales asked Attorney General Mike McGrath for a formal opinion on whether Laslovich, who lives and works in Helena, is a resident of Senate District 43, the Anaconda-Deer Lodge district he represents.
Laslovich works in Helena as an assistant attorney general, doing legal work for the Office of Consumer Protection in the state Justice Department. He was appointed to the position in July 2007 by McGrath, a Democrat.
“I don’t think that, geographically and according to the law, that (Laslovich) is the right guy to be running over there (in Senate District 43),” said Sales, a Bozeman Republican.
“The fact that he’s an employee of the Department of Justice makes it even more important that some sort of decision be rendered on it,” Sales added.
Lynn Solomon, spokeswoman for the attorney general, said the office hadn’t yet received Sales’ written request, and would respond once it did.
Laslovich said Thursday the state law on residency “boils down to the intent of the person, where he intends to be or intends to live,” and that he still considers Anaconda to be his home.
Laslovich said he and his wife, Jill, bought a home in Helena in 2006 after she got a job working as an attorney for a law firm in Helena. He worked for a Missoula law firm until July 2007, when he was appointed to his position in Helena.
Laslovich filed to run for re-election in January and listed his parents’ address in Anaconda as his residence. He said Thursday that his job in Helena expires at the end of this year, so he doesn’t consider Helena his permanent residence.
“I’m outside (of the Senate district) for temporary purposes; my job is clearly temporary,” he said. “I’m registered to vote in Anaconda. I’m in Anaconda more than I’m in Helena.
“If (Sales) had a question about my residency, he should have called me himself. I would have been happy to explain to him what is going on in my life.” Sales’ request for a formal attorney general’s opinion “is a little bit of politics,” Laslovich said.
In his letter to McGrath, Sales said since Laslovich and his wife own a home in Helena and have jobs there, “it stretches the imagination that it is the intent of Mr. Laslovich to return to his parents’ house in Anaconda any time soon, if ever.” Laslovich, 27, is opposed in the general election by Republican Dick Motta of Philipsburg. SD43 contains Deer Lodge and Granite counties and the southern portion of Powell County, including the city of Deer Lodge.
http://www.mtstandard.com/articles/2008/06/06/state_top/20080606_state_top.txt
By Mike Dennison, Standard State Bureau - 06/06/2008
HELENA — The Republican speaker of the Montana House is questioning whether state Sen. Jesse Laslovich, D-Anaconda, is a legal resident of the district where Laslovich is running for re-election.
On Thursday, House Speaker Scott Sales asked Attorney General Mike McGrath for a formal opinion on whether Laslovich, who lives and works in Helena, is a resident of Senate District 43, the Anaconda-Deer Lodge district he represents.
Laslovich works in Helena as an assistant attorney general, doing legal work for the Office of Consumer Protection in the state Justice Department. He was appointed to the position in July 2007 by McGrath, a Democrat.
“I don’t think that, geographically and according to the law, that (Laslovich) is the right guy to be running over there (in Senate District 43),” said Sales, a Bozeman Republican.
“The fact that he’s an employee of the Department of Justice makes it even more important that some sort of decision be rendered on it,” Sales added.
Lynn Solomon, spokeswoman for the attorney general, said the office hadn’t yet received Sales’ written request, and would respond once it did.
Laslovich said Thursday the state law on residency “boils down to the intent of the person, where he intends to be or intends to live,” and that he still considers Anaconda to be his home.
Laslovich said he and his wife, Jill, bought a home in Helena in 2006 after she got a job working as an attorney for a law firm in Helena. He worked for a Missoula law firm until July 2007, when he was appointed to his position in Helena.
Laslovich filed to run for re-election in January and listed his parents’ address in Anaconda as his residence. He said Thursday that his job in Helena expires at the end of this year, so he doesn’t consider Helena his permanent residence.
“I’m outside (of the Senate district) for temporary purposes; my job is clearly temporary,” he said. “I’m registered to vote in Anaconda. I’m in Anaconda more than I’m in Helena.
“If (Sales) had a question about my residency, he should have called me himself. I would have been happy to explain to him what is going on in my life.” Sales’ request for a formal attorney general’s opinion “is a little bit of politics,” Laslovich said.
In his letter to McGrath, Sales said since Laslovich and his wife own a home in Helena and have jobs there, “it stretches the imagination that it is the intent of Mr. Laslovich to return to his parents’ house in Anaconda any time soon, if ever.” Laslovich, 27, is opposed in the general election by Republican Dick Motta of Philipsburg. SD43 contains Deer Lodge and Granite counties and the southern portion of Powell County, including the city of Deer Lodge.
http://www.mtstandard.com/articles/2008/06/06/state_top/20080606_state_top.txt
Thursday, June 5, 2008
SD 43 Primary 06/03/08
Montana Senate District 43
As of 6/4/08 12:56 PM
Jesse Laslovich(D) vs Dick Motta(R)
Senate District 43 Primary
Deer Lodge
Granite County
Powell County
As of 6/4/08 12:56 PM
Jesse Laslovich(D) vs Dick Motta(R)
Senate District 43 Primary
Deer Lodge
Granite County
Powell County
Draft EMS Legislation
Subject: Draft EMS Legislation Now Online
Several bill drafts related to an ongoing legislative study of Montana's emergency medical system are now available online, representing everything from special license plates to tax incentives and an EMS grant program.
The bills were drafted as part of the Senate Joint Resolution 5 study approved by the 2007 Legislature. The Children, Families, Health, and Human Services Interim Committee will take public comment on the bill drafts at a meeting next week. The committee will then decide -- based on public comment and committee preferences -- which bills to proceed with, whether to make any revisions to the existing drafts, and whether to request additional legislation.
The committee meets June 10 and June 11 in Helena, in room 137 of the State Capitol.
The agenda and other meeting materials, including briefing papers on each of the EMS bill drafts, are available on the Committee's Web site. The bills can be viewed online at the Senate Joint Resolution 5 study page for the Children, Families, Health, and Human Services Interim Committee
Committee members will discuss the SJR 5 study and the proposed EMS bill drafts on June 11. Public comment is scheduled for approximately 1:45 p.m.
People who are unable to attend the meeting may also submit written comment to the committee by regular mail to:
Sue O'ConnellLegislative Services DivisionP.O. Box 201706Helena, MT 59620-1706
Comments also may be sent via e-mail, to soconnell@mt.gov.
Sue O'Connell
Legislative Services Division
P.O. Box 201706
Helena, MT 59620-1706
Comments also may be sent via e-mail, to soconnell@mt.gov.
Several bill drafts related to an ongoing legislative study of Montana's emergency medical system are now available online, representing everything from special license plates to tax incentives and an EMS grant program.
The bills were drafted as part of the Senate Joint Resolution 5 study approved by the 2007 Legislature. The Children, Families, Health, and Human Services Interim Committee will take public comment on the bill drafts at a meeting next week. The committee will then decide -- based on public comment and committee preferences -- which bills to proceed with, whether to make any revisions to the existing drafts, and whether to request additional legislation.
The committee meets June 10 and June 11 in Helena, in room 137 of the State Capitol.
The agenda and other meeting materials, including briefing papers on each of the EMS bill drafts, are available on the Committee's Web site. The bills can be viewed online at the Senate Joint Resolution 5 study page for the Children, Families, Health, and Human Services Interim Committee
Committee members will discuss the SJR 5 study and the proposed EMS bill drafts on June 11. Public comment is scheduled for approximately 1:45 p.m.
People who are unable to attend the meeting may also submit written comment to the committee by regular mail to:
Sue O'ConnellLegislative Services DivisionP.O. Box 201706Helena, MT 59620-1706
Comments also may be sent via e-mail, to soconnell@mt.gov.
Sue O'Connell
Legislative Services Division
P.O. Box 201706
Helena, MT 59620-1706
Comments also may be sent via e-mail, to soconnell@mt.gov.
Monday, June 2, 2008
Election Laws
Montana Constitution
Montana Codes Annotated Index
Article 3 -- General Government
Section 1. Separation of Powers. The power of the government of this state is divided into three distinct branches—legislative, executive, and judicial. No person or persons charged with the exercise of power properly belonging to one branch shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted.”
Article IV -- SUFFRAGE AND ELECTIONS
Section 4. Eligibility for public office. Any qualified elector is eligible to any public office except as otherwise provided in this constitution. The legislature may provide additional qualifications but no person convicted of a felony shall be eligible to hold office until his final discharge from state supervision.
Article V -- THE LEGISLATURE
Section 4. Qualifications. A candidate for the legislature shall be a resident of the state for at least one year next preceding the general election. For six months next preceding the general election, he shall be a resident of the county if it contains one or more districts or of the district if it contains all or parts of more than one county.
2-2-111. Rules of conduct for legislators. Proof of commission of any act enumerated in this section is proof that the legislator committing the act has breached the legislator's public duty. A legislator may not: (1) accept a fee, contingent fee, or any other compensation, except the official compensation provided by statute, for promoting or opposing the passage of legislation; (2) seek other employment for the legislator or solicit a contract for the legislator's services by the use of the office; or (3) accept a fee or other compensation, except as provided for in 5-2-302, from a Montana state agency or a political subdivision of the state of Montana for speaking to the agency or political subdivision.
2-2-135. Ethics committees. (1) Each house of the legislature shall establish an ethics committee. Subject to 5-5-234, the committee must consist of two members of the majority party and two members of the minority party. The committees may meet jointly. Each committee shall educate members concerning the provisions of this part concerning legislators and may consider conflicts between public duty and private interest as provided in 2-2-112. The joint committee may consider matters affecting the entire legislature. (2) Pursuant to Article V, section 10, of the Montana constitution, the legislature is responsible for enforcement of the provisions of this part concerning legislators.
13-36-101. Grounds for contest of nomination or election to public office. An elector may contest the right of any person to any nomination or election to public office for which the elector has the right to vote, for any of the following causes: (1) on the ground of a deliberate, serious, and material violation of any provision of the law relating to nominations or elections; (2) whenever the person whose right is contested was not, at the time of the election, eligible to such office; (3) on account of illegal votes or an erroneous or fraudulent count or canvass of votes.
13-36-102. Time for commencing contest. (1) Five days or less after a candidate has been certified as nominated, a person wishing to contest the nomination to any public office shall give notice in writing to the candidate whose nomination he intends to contest, briefly stating the cause for the contest. The contestant shall make application to the district court in the county where the contest is to be had. The judge shall then set the time for the hearing. The contestant shall serve notice 3 days before the hearing is scheduled. The notice shall state the time and place of the hearing. (2) Any action to contest the right of a candidate to be declared elected to an office or to annul and set aside such election or to remove from or deprive any person of an office of which he is the incumbent for any offense mentioned in this title must, unless a different time is stated, be commenced within 1 year after the day of election at which such offense was committed.
Montana Codes Annotated Index
Article 3 -- General Government
Section 1. Separation of Powers. The power of the government of this state is divided into three distinct branches—legislative, executive, and judicial. No person or persons charged with the exercise of power properly belonging to one branch shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted.”
Article IV -- SUFFRAGE AND ELECTIONS
Section 4. Eligibility for public office. Any qualified elector is eligible to any public office except as otherwise provided in this constitution. The legislature may provide additional qualifications but no person convicted of a felony shall be eligible to hold office until his final discharge from state supervision.
Article V -- THE LEGISLATURE
Section 4. Qualifications. A candidate for the legislature shall be a resident of the state for at least one year next preceding the general election. For six months next preceding the general election, he shall be a resident of the county if it contains one or more districts or of the district if it contains all or parts of more than one county.
2-2-111. Rules of conduct for legislators. Proof of commission of any act enumerated in this section is proof that the legislator committing the act has breached the legislator's public duty. A legislator may not: (1) accept a fee, contingent fee, or any other compensation, except the official compensation provided by statute, for promoting or opposing the passage of legislation; (2) seek other employment for the legislator or solicit a contract for the legislator's services by the use of the office; or (3) accept a fee or other compensation, except as provided for in 5-2-302, from a Montana state agency or a political subdivision of the state of Montana for speaking to the agency or political subdivision.
2-2-135. Ethics committees. (1) Each house of the legislature shall establish an ethics committee. Subject to 5-5-234, the committee must consist of two members of the majority party and two members of the minority party. The committees may meet jointly. Each committee shall educate members concerning the provisions of this part concerning legislators and may consider conflicts between public duty and private interest as provided in 2-2-112. The joint committee may consider matters affecting the entire legislature. (2) Pursuant to Article V, section 10, of the Montana constitution, the legislature is responsible for enforcement of the provisions of this part concerning legislators.
13-36-101. Grounds for contest of nomination or election to public office. An elector may contest the right of any person to any nomination or election to public office for which the elector has the right to vote, for any of the following causes: (1) on the ground of a deliberate, serious, and material violation of any provision of the law relating to nominations or elections; (2) whenever the person whose right is contested was not, at the time of the election, eligible to such office; (3) on account of illegal votes or an erroneous or fraudulent count or canvass of votes.
13-36-102. Time for commencing contest. (1) Five days or less after a candidate has been certified as nominated, a person wishing to contest the nomination to any public office shall give notice in writing to the candidate whose nomination he intends to contest, briefly stating the cause for the contest. The contestant shall make application to the district court in the county where the contest is to be had. The judge shall then set the time for the hearing. The contestant shall serve notice 3 days before the hearing is scheduled. The notice shall state the time and place of the hearing. (2) Any action to contest the right of a candidate to be declared elected to an office or to annul and set aside such election or to remove from or deprive any person of an office of which he is the incumbent for any offense mentioned in this title must, unless a different time is stated, be commenced within 1 year after the day of election at which such offense was committed.
Subscribe to:
Posts (Atom)