Residency situation questioned

By MICHAEL RICHESON / The Daily Inter Lake

Flathead County Commissioner Gary Hall, who is running for re-election this year, admits that he isn

Flathead County Commissioner Gary Hall, who is running for re-election this year, admits that he isn't living in his district, but he says that is only a short-term situation.

Concerns over his residency status became public during Thursday morning's meeting over a text amendment to the county's zoning regulations.

West Valley resident Clara LaChapelle questioned Hall's ability to sit on the Board of Commissioners because he lives outside of his district.

When Hall told LaChapelle that she could speak with Chief Deputy Attorney Jonathan Smith, she responded, "He's messed up a lot of other things, too."

"I would not run if I thought I was doing anything inappropriate," Hall said later. "I'm not trying to skirt my responsibility to live in my district. I've lived in Columbia Falls for 20 years. I plan on being buried in Columbia Falls."

Hall and his wife currently are living in Kalispell - outside his district - where he says they are house-sitting for a friend while the Halls have a new house built in Columbia Falls (inside his district).

Hall's district covers the northern portion of Flathead County. The southern boundary of the district is about halfway between Kalispell and Whitefish. Hall's Republican primary opponent, Jim Dupont, lives in the northern part of the district near West Glacier.

Commissioners are elected by all voters in Flathead County but each of the three commissioners represents a separate district.

After selling his home on Second Avenue West in Columbia Falls in November, Hall said, he and his wife looked at 30 homes in the city, even making an offer on one house. When they didn't find anything they wanted, and after determining it was too expensive to build on a piece of property they owned in the city, the couple stayed at Hall's mother-in-law's home until Christmas.

Hall said he redrew building plans that reduced the size of his new home, which meant he could afford to build. Hall said he wrote a check to a builder less than a month ago to begin construction on a new house, 969 Vans Ave., in Columbia Falls. His new address will remain in the same precinct, where he is a registered voter.

According to Hall, his builder promised him Hall would be in the new house in April.

Critics contend that Hall is no longer eligible for re-election because state statute requires a candidate to have residency within the district for two years preceding the election.

Hall said it's just election politics.

"I'm disappointed people feel it's an issue," he said. "My intent is to live there."

Intent may play a key role in Hall's eligibility to run for re-election.

Montana law states: "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. A change of residence may be made only by the act of removal joined with intent to remain in another place."

The state statute and the issue of intent recently played a role in Whitefish, when John Muhlfeld proved his eligibility for the City Council based on his intent to move back into his Whitefish home. Muhlfeld's intent to remain a city resident helped sway District Judge Katherine Curtis to rule in his favor.

Smith, the deputy county attorney, was unavailable for comment Thursday on Hall's residency.

Reporter Michael Richeson may be reached at 758-4459 or by e-mail at mricheson@dailyinterlake.com.