Downs v. PiocosAnnotate this Case
The Supreme Court affirmed the judgment of the district court finding that Frank Piocos was not eligible to be a candidate for Roosevelt County Attorney, holding that the district court had substantial, credible evidence to support a finding that Piocos was not a resident of Roosevelt County for voting purposes on November 8, 2022.
In January 2022, Piocos filed as a candidate for County Attorney. Piocos elected on November 8, 2022. On January 20, 2023, Contestant brought this action challenging Piocos's eligibility based on residency grounds. The district court determined that the election was void because Piocos was not a resident of Roosevelt County for thirty days prior to the election. The Supreme Court affirmed, holding (1) for purposes of voting under Mont. Code Ann. 13-1-112, the Legislature's intent was for a person to have a place of abode in the county to which the person intends to return even when absent; and (2) the district court did not err when it found that Piocos did not reside in Roosevelt County without making a factual finding of where he did reside.