Amended Complaint Addendum

Amended Complaint Addendum
Per the media articles contained as Exhibts D, Mr. Laslovich has publicly acknowledged that he is living in Helena and that he is temporarily working for the Attorney General's office in Helena. He has stated that the temporary appointment will terminate on December 31, 2008. Upon termination of the appointment, it is his announced intent to return to his parents residence at 112 Mountain View St., Anaconda, MT 59711.
As stated in the Complaint, Mr. Laslovich now resides in Helena. His physical residence is 1241 Otter Rd, Helena, MT 59602. Mr. Laslovich has changed residence from 112 Mountain View St, Anaconda, MT 59711. Whether this change is temporary or permanent is irrelevent. Mr. Laslovich has acknowledged that he does not in fact, presently reside at 112 Mountain View. He has removed himself from Senate District 43 and not notified or filed with the Secretary of State, a Declaration of Change of Address form pursuant to MCA 13-10-201.
It is required that candidates maintain residency within the district in which they intend to run. Maintaining residency is required for public officials who are not under a statutory obligation to reside elsewhere. Federal representatives must go to Washington, D.C., temporarily, in order to fulfill the requirements of office. Similiarly, the Governor, Secretary of State, Attorney General and other State officials are statutorily required to reside in Helena for the term of their office. Military personnel temporarily reside in another location because of obligatory military commitments. Mr. Laslovich had no statutory obligation to temporarily relocate to Helena. To the contrary, once elected, the office-holder must remain a resident in the appropriate district or may be forced to withdraw.
The Montana Constitution requires that a candidate seeking nomination for legislative office be a resident of the district, “For six months next preceding the general election,”:
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.”
Mr. Laslovich has sworn on the Declaration for Nomination form that he possessed the qualifications to be a candidate for Senate District 43. Per the Declaration for Nomination form, the candidate is required to list his “residence (physical) address”. On the form, Mr. Laslovich swore that his physical address was 112 Mountain View, Anaconda, MT 59711. Mr. Laslovich physical address is 1241 Otter Rd., Helena, MT 59602. The form also states, “If the mailing address is different from the physical address, it must also be listed”. The mailing address listed is 112 Mountain View, Anaconda, MT 59711. I have been unable to confirm the mailing address, but it is totally impractical, that an individual living in Helena would have their mail directed to an address 96 miles away in Anaconda.
A candidate may have only one residence. If his stated intent is to return to Anaconda by December 31, 2008, then that is an acknowledgement that he is not physically residing in Anaconda. If he is no longer physically in Anaconda, then the Nomination Form is not a true representation of his qualification for nomination. If a candidate changes residence, a Declaration of Change of Address form is required to be filed with the Secretary of State within 15 days per 13-10-201 MCA (Exhibit H). The Declaration form has not been filed as required.
The Voter Registration Card form, (Exhibit I) 13-2-202 & 13-2-203 MCA, Voter Declaration requires that “I will have resided in this county for at least 30 days before the next election (unless exempt under 13-2-514(2) MCA”). Mrs. Jill Laslovich has filed for voter registration in Helena. Mr. Jesse Laslovich continues to declare that he resides in Anaconda.
Mr. Laslovich can have only one “residence”. He has sworn that his “(physical) residence” is 112 Mountain View, Anaconda, MT 59711. His physical address is 1241 Otter Rd., Helena, MT 59602. His physical address is different from his sworn address. He has not returned to the Anaconda address within the required time period for voter registration or legislative candidacy.
Using his parents address as his stated residence is a deceptive practice intended to deceive the voters into believing that he is a district resident qualified to be a candidate for Senate District 43.
Mr. Laslovich has not maintained a physical residence in Senate District 43 for the required six months preceeding the election, and therefore, does not possess the qualifications necessary to be a candidate for the district.
Mr. Laslovich has committed a deceptive election process as defined in Sections 13-35-207(4) and (10) by making “a false declaration of nomination and “a false oath or affidavit ... required by law.”