The Montana Constitution, Article V, Section 4, Qualifications specifies residency as a qualification for the Legislature. The operative word “shall” means that residency is required and that a legislative candidate must be a resident of the district for a period of six months prior to 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.”
The subjective terms, “intent” or “state of mind”, are not contained in the Qualification clause. Based on the wording of the Article, objective factors for determining residency over-ride any subjective factors such as “intent”.
Per MCA 1-1-215. Residence-rules for determining, an individual may only have one residence:
Every person has, in law, a residence. In determining the place of residence, the following rules are to be observed: (1) It is the place where a person remains when not called elsewhere for labor or other special or temporary purpose and to which the person returns in seasons of repose. (2) There may be only one residence. If a person claims a residence within Montana for any purpose, then that location is the person's residence for all purposes unless there is a specific statutory exception.
(3) A residence cannot be lost until another is gained.
The question is whether Mr. Laslovich's residence is at 1241 Otter Rd., Helena, MT 59602 (Exhibit A) where he resides with his wife, or whether he resides at his parents home at 112 Mountain View ST, Anaconda, MT 59711 (Exhibit B). It also raises the question of whether Mr. Laslovich is returning to Anaconda temporarily as a candidate for Senate District 43. Per MCA 1-1-215, there may only be “one residence”. Per Article V, Qualifications, the candidate “shall” be a resident of the district for six months. Per MCA 13-1-112. Rules for determining residence:
“For registration, voting, or seeking election to the legislature, the residence of an individual must be determined by the following rules as far as they are applicable:
(5) An individual may not gain a residence in a county if the individual comes in for temporary purposes without the intention of making that county the individual's home. (7) The place where an individual's family resides is presumed to be that individual's place of residence. However, an individual who takes up or continues a residence at a place other than where the individual's family resides with the intention of remaining is a resident of the place where the individual resides. (8) A change of residence may be made only by the act of removal joined with intent to remain in another place.”
Per MCA 13-1-101(4) Definitions - Voter registration information is subject to verification by the Secretary of State:
"Application for voter registration" means a voter registration form prescribed by the secretary of state that is completed and signed by an elector, submitted to the election administrator, and contains voter registration information subject to verification as provided by law.”
The Declaration for Nomination form requires that a candidate provide a residence (physical) address and a mailing address if different from the physical. The statute also provides a Declaration of Change of Address form prescribed by the Secretary of State. Per MCA 13-10-201 (5),
“(a) The declaration for nomination must be in the form and contain the information prescribed by the secretary of state.(b) A person seeking nomination to the legislature shall provide the secretary of state with a street address, legal description, or road designation to indicate the person's place of residence. If a candidate for the legislature changes residence, the candidate shall, within 15 days after the change, notify the secretary of state on a form prescribed by the secretary of state.”
On the excerpted Nomination Form, (Exhibit C) Mr. Laslovich specified that both his mailing and physical address was 112 Mountain View St., Anaconda, MT 59711. The Anaconda address is his parents residence and it is owned by Laslovich Construction. Per the Missoulian and Montana Standard articles, (Exhibit D) January 26, 2008, Mike Denison, Standard State Bureau, “Laslovich, 27, said Friday he has used that address for his entire career in the Legislature, including his first two terms in the state House, when he was a student at the University of Montana in Missoula”. The article further states that Laslovich graduated from the UM law school in 2006, was hired as an assistant attorney for the Justice Department in Helena and that he and his wife, Jill (maiden-name Peterson) bought a house in Helena. Jill Laslovich is an attorney for the law firm of Crowley, Haughey, Hanson, Toole and Dietrich.
Based on the preceeding factors, the Laslovichs' are no longer students, have graduated law school, have created a family entity, established residence in Helena, are employed in Helena and are pursuing careers in Helena, not Anaconda. Per the Helena Independent Record, the Laslovichs', Jesse Anthony Laslovich and Jill Opal Peterson, were married on 11/22/07. Attached (Exhibit E) is a letter, 05/27/08, from the Department of Administration, State Personnel Division, confirming that Jesse Laslovich is currently employed by the Department of Justice. Mr. Laslovich has acknowledged that he is employed by the Justice Department, but claims that the appointment is temporary until December 31, 2008. The underlying assumption is that he intends to return to Anaconda upon termination of the appointment. Whether that intent will be fulfilled is subject to conjecture. Even if the intent is fulfilled in January, 2009, it is not timely when determining residency and eligibility as a candidate for Senate District 43. In fact, Mr. Laslovich is currently employed and residing in Helena. Per the Crowley, Haughey profile, Jill Laslovich is in Helena practicing in the firm's Litigation Department:
“Jill Laslovich graduated with high honors from the University of Montana in 2003 with a degree in Political Science, and from the University of Montana School of Law in May of 2006. During law school, she competed on the National Moot Court Team, placing first in the region and advancing to the national finals. Mrs. Laslovich currently practices in the Helena office in the firm's Litigation Department.”
Per the Lewis and Clark County Tax Records, Exhibit F, Jessee Laslovich and Jill Peterson purchased the property on July 14, 2006 and are currently residing at 1241 Otter Rd, Helena, MT 59602. The mailing address for the tax data is 1241 Otter Rd, the property tax payments for the second half of 2007 have been paid and the data was last updated 06/24/08. In response to my request for voter registration information, the Lewis and Clark Voter Registrar, Marilyn Bracken, emailed:
Request:
“I would like to know if Jesse A. Laslovich - Jill 0. Laslovich - Jill O. Peterson, 1241 Otter Rd., Helena, MT 59602-7637 are registered voters for any Helena voting precincts.”
Response:
“From: "Marilyn Bracken"
“We have a Jill Laslovich registered at 1241 Otter Rd.”
Objective factors for determining residency are home ownership, employment, registration, precinct designation, district designation, taxpayer status and time in the district. For elections, one of the first questions asked at the polling booth is where do you reside. Based on your answer, you are directed to the precinct where your voter registration has been predetermined and verified. Based on the precinct and voter registration, the elector is eligible to vote for various public offices and initiatives. A county resident may not vote for city/town officials. In the case of a County Commissioner, each district is defined and unless you are a resident of that district you may not run for that office. Initiatives similarly apply to various districts and precincts and your eligibility to vote on the initiative is determined by your residence. District Judges must reside in the district over which they will preside. The redistricting process in 2003 determined district guidelines and redefined where an elector must reside in order to be eligible to vote and seek nomination for legislative office. In the case of Granite County, all electors were reassigned to a new senate district. The residents were never consulted on the redistricting and there certainly was no consideration given to their “intent” to reside in the new district. After redistricting, residence determined where the elector would vote and the specified boundaries determined eligibility for voting on various ballot issues and public offices.
The significance of residency as the basis for determining eligibility to legislative office was highlighted in the Montana Districting Plan. Per the Plan footnote, “Incumbent legislators may not be eligible to run in the new districts based on residency or term.” The underlying assumption was that in order to be elected to legislative office a candidate must reside in the new district.
As Submitted to the Secretary of State By the Montana Districting and Apportionment Commission In Fulfillment of Article V, section 14, of the Montana Constitution and section 5-1-111, MCA February 5, 2003. Senate District 43 is comprised of House District 85 and 86. The Boundaries are:
“House District 85 includes the southwest corner of Powell County (5,283 persons), including the city of Deer Lodge and northern Deer Lodge County (3,311 persons). The boundary in Deer Lodge County 37 from the west uses the Denton Point road to Highway 1 to Linden Street in Anaconda where it switches to the railroad tracks through Anaconda using the northern track. On the east side of Anaconda, it continues following the railroad track east to the county line.
House District 86 includes all of Granite County (2,830 persons) and the southern two-thirds of Deer Lodge County (6,106 persons) south of Highway 1 and the railroad tracks. (In Anaconda, the northern track is the boundary).”
Included as Exhibit G, is a Google Earth Direction guide between the parents' residence, 112 Mountain View Rd, Anaconda, MT and 1241 Otter Rd., Helena, MT. The distance is 96 miles and the estimated drive time is 1 hour and 48 minutes. Mr. Laslovich has not indicated that he commutes to work in Helena from Anaconda. Mr. Laslovich lives in Helena with his wife and commutes to work in Helena. When considering all the objective factors, Mr. Laslovich resides in Helena, not Anaconda. Mr. Laslovich's future plans and intent are subject to conjecture. As a Helena resident, he is not eligible to be a candidate for Senate District 43.
Based on the preceding, I request that the residency of Mr. Laslovich be determined by the Office of Political Practice and that the Secretary of State notify the candidate to withdraw consistent with the provisions of MCA 13-12-201- Secretary of state to certify ballot:
(1) Seventy-five days or more before an election, except as provided in 13-10-208, the secretary of state shall certify to the election administrators the name and party or other designation of each candidate entitled to appear on the ballot and the ballot issues as shown in the official records of the secretary of state's office, which must include the notification specified in 13-37-126.
(2) The election administrator shall certify the name and party or other designation of each candidate entitled to appear on the ballot and the ballot issues as shown in the official records of the election administrator's office, which must include the notification specified in 13-37-126, and shall have the official ballots prepared. If a candidate for the legislature is no longer eligible under Article V, section 4, of the Montana constitution to seek the office for which the candidate has filed because the candidate has changed residence, the secretary of state shall notify the candidate that the candidate is required to withdraw as provided in 13-10-325.
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