Tuesday, January 31, 2023

Trustee passes residency test

Hagadone News Network | February 10, 2022 1:00 AM

An investigation to determine if an NIC trustee is eligible to continue in his role based on residency requirements has been resolved.

Marc Lyons, attorney for North Idaho College, determined Trustee Ken Howard meets the requirements for residency listed in Idaho Code, based on the applicable guidelines and responses from Howard.

Initially, the investigation also included Trustee Michael Barnes. However, Barnes resigned Jan. 12 when faced with a potential lawsuit over his claims of legally residing in Zone 5.

Lyons presented Howard a series of questions after the Attorney General’s Office declined to investigate but provided guidance and considerations for the analysis.

In connection with Idaho election laws, important factors to determine residency include the address used for voter registration, location of business pursuits, residence of family, situs of personal and real property, where the homestead exemption for property tax is designated, and where motor vehicles are registered.

The determination was made based upon Howard’s report that he

• has a residence in Kootenai County and in his zone in Bayview

• is registered to vote in Idaho and uses the Bayview address

• has an Idaho driver’s license

• pays property tax on his Bayview residence

• files tax returns in Idaho and uses the Bayview address

• registers his vehicles in Idaho

• and has an Idaho license to practice law.

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