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LibbyMt.com > News > October 2013 > Injunction request withdrawn for Libby Mayoral race

Injunction request withdrawn for Libby Mayoral race
Election Day is November 5th
by Duane Williams, KLCB-KTNY Radio
October 31, 2013

The request for an injunction prohibiting counting of mayoral ballots in Tuesday’s City of Libby election has been withdrawn by City of Libby attorney Jim Reinstma, leaving the question of Allen Olsen’s residency unanswered, at least for now. Olsen was elected to the City Council in 2011 based on his filing a voter registration that listed his residence as a rented house on Louisiana Avenue. The sticking point is that Olsen never seems to have actually resided in the house and in a recent custody hearing stated his residence as his business, Antler Tree nursery on South Highway 2, a statement reinforced by witness testimony in the hearing. That means Olsen resides in the county, not the city. State Code requires a candidate be a resident of the city or town for at least two years preceding the election to office.

There appears to be no legal precedent to resolve the possibility of a vacant Mayor’s seat at the council table; which is possible if Olsen were to be the highest vote getter and elected Mayor, and then be deemed ineligible to take the seat due to residency. Current Mayor Doug Roll would be out of office as of December 31st, and Olsen would be prohibited from taking the seat, leaving the City without a Mayor, and no state law to guide a replacement.

The race for Mayor has been so heated it can be overlooked there are three council positions also up for election. Incumbents Barb Desch, Vicky Lawrence, and Robin Benson are seeking reelection. Challengers Arlene Mcgill, Joanne Newman, Michael Shock and Brent Teske are seeking those seats.

The municipal election is Tuesday, November 5th. Eligible city voters can cast their ballots in the Ponderosa Room of Libby City Hall. The polling location is open 7am to 8pm.
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By Duane Williams, KLCB-KTNY Radio, e-mail: klcb@frontiernet.net, www.klcb-ktny.com.


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