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2. Election LawsCity of Kalispell City Attorney Office of City Attorney Tel 406.758.7708 Charles A. Harhall 312 First Avenue East Fax 406.758.7771 P.O. Box 1997 charhall@kahspell.com Kalispell, MT 59903-1997 July 15, 2002 Ed Trippet P.O. Box 7 Kalispell, MT 59901 Re:Janet Clark & Bill Goodman - Residence Dear Mr. Trippet: Thank you for your telephone call today regarding your letter of June 28, 2002. You have raised the issue of whether or not two members of the Kalispell Parking Commission, Bill Goodman and Janet Clark, are electors as defined and required by statute. It has been my opinion that these two individuals are, in fact, electors, as they are each registered to vote in the City of Kalispell and no where else, own real property in the City of Kalispell on which they pay city taxes, and claim their residences to be in the City of Kalispell. You assert that these individuals actually reside outside of the city and you have offered some proof that they each maintain residential structures outside the city. You believe, based on this information, that these individuals are guilty of Fraudulent Registration. I disagree. In my analysis of this situation I looked to the common sense approach of our Supreme Court in its decision at School District v. Simonsen, 210 M 100, 683 P2d 471, 41 St. Rep. 944 (1984). In that case, the fact that the family did not live on the ranch they claimed as their residence, except during the summer months, did not deprive them of their election to choose that property to be their legal residence. The Court stated: Section 1-1-215, MCA, provides that certain rules are to be observed in determining the place of residence. In relevant part the rules state that there can only be one residence and "[i]t is the place where one remains when not called elsewhere for labor or other special or temporary purpose and to which he returns in seasons of repose." Subsequent case law has held that these rules are only guidelines for interpretation and not a definition. Every case must stand upon its own facts and each decision will "... be the result of a more or less arbitrary application of the rules of law to the facts presented." McCarthy v. Montana Power Company (1963), 143 Mont. 134, 140, 387 P.2d 438, 442, quoting from Carwile v. Jones (1909), 38 Mont. 590, 602, 101 P. 153, 158. See also Kunesh v. City of Great Falls (1957), 132 Mont. 285, 317 P.2d 297. Ed Trippet July 15, 2002 Page - 2 As I stated above, I believe that the facts that both parties 1) own real estate within the City of Kalispell, 2) pay Kalispell City taxes, 3) have elected to claim residency within the City of Kalispell and 4) have registered to vote only in the City of Kalispell qualifies them to be legal electors of the City. As you addressed your letter to both the County Attorney and the City Attorney, I did speak with Tom Esch about your inquiry. He indicated to me that he was inclined to agree with my interpretation of the law as applied to these facts. I thank you for your interest in this question and understand that we may not be in agreement on the interpretation of the applicable law. I also appreciate your courteous attitude in the face of our disagreement. I suspect that in the future we are more likely to be on the same side of the issues. cc: Tom Esch CAH/s Since2sA. arball City Attorney W City of Kalispell W Office of City Attorney Remarks to the Kalispell City Council Monday, March 3, 2003 From Kalispell City Resident Robert H Herron (aka) Bob Herron 781 1st Ave E N Kalispell, Montana 59901 Good Evening, Mayor, Council My name is Bob Herron, I live at 781 I't Ave E N, ward 2, in the city of Kalispell. Tonight you will adopt ordinance 1446 adjusting ward boundaries, this ordinance will assure the registered voters of the City of Kalispell that each ward is fairly proportioned. Our American system of free elections is certainly one of the greatest virtues of our democracy. There are basic principles of decency, honesty, and fair play that all of us, both citizens of this city and public office holders of this city, have a moral obligation to observe and uphold. Last year, you as a council, adopted a vision for this city, a mission statement for this city, and a set of core values for this city. Your first two core values are Individual Responsibility and Honesty. I am here tonight to request of you that at your next one or two work sessions you address a very, very serious problem that is corrupting and undermining our system of free elections right here in our fair city of Kalsipell. There is illegal voting taking place in the city of Kalispell. Until you as a council live up to your core values and address this problem, the city of Kalispell will be tainted as a corrupt city. page 2 Tonight I bring you four specific cases of people registered to vote in the city of Kalispell, who do not live in the city of Kalispell. These people are illegally registered to vote in ward 3. All four of these people live outside the city on large tracts of land, and all four of these people were previously registered to vote at the residence where they now live and where they have lived for many years. Two of the people transferred there registration to a downtown Kalispell address in 1999 and two of these people transferred their residence to a downtown Kalispell address in 2001. It is interesting to note that Mr. Kenyon won his ward 3 council seat in 1999 by 2 votes. That is right, 2 votes. The voting laws of the State of Montana are very clear on the matters that I have brought up tonight, and I have included appropriate MCA Sections in my handout to you. I will also note for you that two of these illegal voters that I am calling to your attention are illegally on your parking commission, and it is quite interesting to note that they have just terminated the director of the parking commission. Mayor, council, you need to address this corruption in our city. Do not pawn this off on the city attorney, do not pawn this off on the city manager ......... you - the council - must not only make sure that our wards are proportioned fairly - but that only legal residents of our city are voting in our wards. The very future of our city is at stake here !!!! Last year when these 4 people were part of a group that sued both the city and the county, one of them was quoted as saying - ""We can't stand by and allow illegal decisions -to ruin our economic well-being and Montana way of life." page 3 I hope and pray that Kalispell is governed by the core values that you have adopted and not those being demonstrated by these 4 individuals. Please protect our Montana Way of Life. Thank you. AND VOTE HERE ? 100 MAIN ST CITY OF KALISPELL HOW CAN YOU LIVE HERE ? 1275 LOWER VALLEY RD AND VOTE HERE ? 200 1 ST AVE EAST CITY OF KALISPELL Yahoo! Maps - Directions to 500 Siblerud Ln, Kalispell, MT 59901-7884 Pagel "WHoc)Of GetLocal Maps YahOO! Maps Back to Directions Starting from: a 1275 Lower Valley Rd, Kalispell, MT 59901-8000 Arriving at: 0 500 Siblerud Ln, Kalispell, MT 59901-7884 Distance: 14.8 miles Approximate Travel Time: 27 mins Full Route o *geeaod Ten -ace . �0 km 1.5 mi ©2002 Yahoo! InC ID2DD2 Navigation TecFnolagies rr!j Directions 1. f Start on LOWER VALLEY RD Turn Right on FAIRMONT RD Turn Right on ELAN RD Destination Distance: 14.8 miles Approximate Travel Time: 27 mins I When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. http: //maps. yahoo. com/py/ddResults. py?Pyt=Tmap&newname=&newdesc=&osd=g&newtn... 3 /3/2003 00•"{}66633 PCT 31 SD 15 WD :3 00..013886 PC:T :32 SD 75 CYCII I R IC,IFIN CLINTON .IN f C. 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W JL!.- .; 1 ::if�9«# �44wi I.4'T'I-I ;FIVE W - N1ACrf-1%}C.lN y DALEI- 2 SO 75— IAG(1T}CJNE I"IICHC I...I.., J Ii \.",.0 5 8T H AVE W ..,'r't>y01 t.,.<.:,5 C3'TH AJE W 5990 1. q Ji) 5. - -- - - - - --- -- 5b REPORT: ELERO5 �E1%1EROV26 11:56 PAGE / 77757717 0. 042 CA DOYLA" CAR xlr- 3 OO 0 ' ' � � l 13-1-112. Rules for determining residence. Page 1 of 1 MCA Contents seamb. Fart Contents 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: (1) The residence of an individual is where the individual's habitation is fixed and to which, whenever the individual is absent, the individual has the intention of returning. (2) An individual may not gain or lose a residence while kept involuntarily at any public institution, not necessarily at public expense; as a result of being confined in any prison; or solely as a result of residing on a military reservation. (3) An individual in the armed forces of the United States may not become a resident solely as a result of being stationed at a military facility in the state. An individual may not acquire a residence solely as a result of being employed or stationed at a training or other transient camp maintained by the United States within the state. (4) An individual does not lose residence if the individual goes into another state or other district of this state for temporary purposes with the intention of returning, unless the individual exercises the election franchise in the other state or district. (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. (6) If an individual moves to another state with the intention of making it the individual's residence, the individual loses residence in this state. (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. History: En. Sec. 41, Ch. 368, L. 1969; amd. Sec. 1, Ch. 394, L. 1971; amd. Sec. 1, Ch. 164, L. 1975; amd. Sec. 1, Ch. 177, L. 1975; R.C.M. 1947, 23-3022(part); amd. Sec. 7, Ch. 571, L. 1979; amd. Sec. 1, Ch. 74, L. 1993; amd. Sec. 15, Ch. 51, L. 1999. '"0 Previous Section Help Next Section" Provided by Montana Legislative Services http://data.opi.state.mt.us/bills/mca/13/l/13-1-112.htm 3/3/2003 13-2-208. Elector to furnish residential address -- prohibiting registration for failure to pr... Page 1 of 1 MCA Contents Search Fart Contents 13-2-208. Elector to furnish residential address -- prohibiting registration for failure to provide address. (1) An elector shall provide the election administrator with the elector's current street address, rural address, or, if neither of those addresses is available, other specific geographic location information from which the location of the elector's residence may be easily determined by the election administrator. (2) The election administrator may not register an elector who fails to provide the information required by subsection (1). History: En. Sec. 1, Ch. 63, L. 2001. .O Previous Section. Help Next Section*' Pravided by Montana Le+g6lative Services http://data.opi.state.mt.us/bills/mca/13/2/13-2-208.htm 3/3/2003 13-2-403. Challenge of registration. Page 1 of 1 MCA Contents Search Part Contents 13-2-403. Challenge of registration. (1) Forty-five or more days before the close of registration for an election, three registered electors of a precinct may challenge the registration of an elector by filing affidavits giving the name of the elector whose registration is challenged, the address at which the elector is registered, and a statement that the affiant has personal knowledge that the elector does not reside at the address where registered. (2) No later than 3 days after the filing of affidavits as provided in subsection (1), the election administrator shall send written notice to the elector whose registration is challenged, at the address shown on the registration form. The notice must state that registration will be moved to the inactive list within 15 days of the filing of the affidavits unless the elector refutes the affidavits by submitting proof or a sworn statement that the elector resides at the address given on the registration form. (3) The election administrator must move to the inactive list the registration of an elector whose registration is challenged under this section 15 days after the filing of the affidavits required in subsection (1) unless proof or a sworn statement as required in subsection (2) is received. (4) If an elector proves or swears that the elector resides at the address given on the registration form after the registration has been moved to the inactive list as provided in this section, the elector's registration must be moved to the active list. The registration is effective for the next election even though the registration for that election is closed. History: En. Sec. 33, Ch. 368, L. 1969; amd. Sec. 1, Ch. 299, L. 1971; amd. Sec. 10, Ch. 365, L. 1977; R.C.M. 1947, 23- 3014(2); amd. Sec. 38, Ch. 571, L. 1979; amd. Sec. 8, Ch. 246, L. 1997. "W Previous Section Help r4ext Section W' Provided by Montana Legislative Serrioes http://data.opi.state.mt.us/bills/mca/13/2/13-2-403.htm 3/3/2003