In a recent ruling, District Judge Katherine Bidegaray declared Frank Piocos ineligible for the Roosevelt County attorney election conducted in November.
The ruling was made in response to a complaint filed by Darla Downs, the publisher of Northern Plains Independent and Community News, against Piocos in Roosevelt County District Court. Downs lodged the complaint on Friday, Jan. 20, alleging that Piocos does not meet the requirements to hold the position of county attorney. This claim was based on the assertion that Piocos falsely registered as an elector of Roosevelt County by providing an address in the county that was not his actual residence, solely for the purpose of registering and pursuing the office.
After the hearing held on Friday, Feb. 3, Bidegaray issued her ruling, emphasizing that an elector must meet certain criteria, including residing in the county where they intend to vote for a minimum of 30 days. The determination of a person’s residence is guided by MCA 1-1-215, which clearly states that an individual can have only one residence. Once a person claims a residence within Montana, that location becomes their residence for all purposes unless a specific statutory exemption applies.
According to Bidegaray, Piocos’ election to the position of Roosevelt County attorney was invalid since he did not meet the residency requirement for Roosevelt County, Montana.
According to MCA 13-36-207, in a hearing challenging a candidate’s election, only the parties involved and their attorneys are permitted to speak unless authorized by the court. As Downs filed the complaint without legal representation, only she and Piocos were granted permission to testify during the hearing.
Piocos stated during the hearing that he had the intention of residing in Roosevelt County, although he outlined several factors that hindered the actual relocation. He emphasized that he carries out his employment and shopping activities within Roosevelt County. Additionally, he mentioned owning rental properties in St. Marie and spending significant time with his girlfriend in Billings, while still considering Roosevelt County as his primary place of residence.
After Piocos made his opening statement, Bidegaray repeatedly inquired about Piocos’ place of sleep. Piocos skillfully evaded providing a direct response to the judge’s inquiry and instead expressed his conviction that by intending Roosevelt County as his residence, he considers himself a resident of Roosevelt County.
Piocos was questioned by Downs during cross examination about the address mentioned on his voter registration form, which was located in Culbertson. Downs inquired if Piocos arranged a desk at the said address, visited it along with the lessor, or even stayed there overnight. To each of these queries, Piocos responded with a firm “no.” When prompted by Downs about his sleeping arrangements during the election period, Piocos stated that he was staying in Valley County.
Following a brief break, Bidegaray delivered her verdict, expressing her support for Downs on the grounds that Piocos did not qualify as an elector in Roosevelt County during the election. While Piocos had rented property in Culbertson, it was not his primary residence or place of rest.
The Roosevelt County Clerk and Recorder, Cheryl Hansen, will reach out to the Montana Secretary of State office to establish the most suitable date and approach for the special election, which must be held within a maximum of 85 days.
Piocos was informed by the judge that he had the option to pursue residency in Roosevelt County, thus making him eligible to run for office in the forthcoming special election.
Downs initiated the action by submitting an affidavit on Nov. 15, 2022, to Roosevelt County Clerk and Recorder Cheryl Hansen. The affidavit challenged the legitimacy of Piocos’ residency claim at 202 Broadway Ave. Apartment 300 in Culbertson. Hansen conducted an investigation and subsequently revoked Piocos’ voter registration, effective Nov. 15.
After the hearing on Friday, Downs expressed the significance of “watchdog journalism” in promoting transparency and accountability of politicians, public figures, and institutions. He emphasized the crucial role it plays in democracy. In this particular case, maintaining election integrity in Roosevelt County was of utmost importance. Downs, being the publisher of the local newspaper, received numerous pleas from citizens throughout the county to take action against a county attorney who was not residing in the county he was supposed to serve. Despite seeking legal advice from attorneys statewide, no one was willing to handle the case. Eventually, after careful consideration, Downs decided to take on the challenge himself, even though he did not possess a legal background. He expressed gratitude towards Judge Bidegaray for ruling in favor of the citizens of Roosevelt County.
In-depth, independent reporting on the stories impacting your community from reporters who know your town.
