Motion may affect election

Libby City Attorney James Reintsma has filed legal paperwork further questioning City Councilman Allen Olsen’s residency, while seeking a temporary restraining order that could delay the public disclosure of the results of the Nov. 5 mayoral race in Libby.

Olsen, who was elected councilman in 2011, is running against incumbent Mayor Doug Roll to determine the city’s top officer.

Reintsma filed the paperwork — a summons, a petition for declaratory and injunction relief and the restraining order — on Oct. 24, just 12 days before the election.

The summons requests that Olsen and Lincoln County Clerk and Recorder Tammy Lauer reply within 21 days from the Oct. 24 filing date. Otherwise, a judgment will be given to the plaintiff, the city. The summons for Lauer is to answer questions how the clerk’s office handled Olsen’s filing for candidacy.

Reintsma’s petition for declaratory and injunctive relief alleges Olsen changed his address from 33692 Highway 2 on his voter’s registration application to 703 Louisiana Ave. on June 29, 2011. The Highway 2 address is outside the city limits, while the Louisiana address is within the city limits. 

In that document, Reintsma alleges on that same day, June 29, 2011, Olsen filed to run for City Council, eventually garnering the third-most votes and earning a spot on the council. Quoting state statutes, Reintsma writes in the document that Olsen did not maintain a residency within the city limits for 60 days before filing to become a candidate for councilman. Addressing Olsen’s candidacy for mayor, which requires a candidate to be a city resident for two years, Reintsma asks 19th Judicial District Judge James B. Wheelis for a solution. Further, Reintsma says Olsen, under oath during a child-custody case, claimed his address to be at the 33692 Highway 2 address, a residence he shared with his child’s mother. Reintsma writes that Olsen later contradicted that testimony, so either Olsen perjured himself or he has given a false address on voting documents.

The final document requires Olsen to appear in Wheelis’ courtroom at 1:30 p.m. Thursday to show cause why the temporary restraining order should not remain in effect. Lauer is also required to be there.

In the petition for declaratory judgment, Reintsma, in referring to the city as the plaintiff, writes, The “plaintiff does not have a plain, speedy or adequate remedy at law to address the harm caused by the actions and conduct of defendant Olsen prior to the current general election on Nov. 5 without preliminary and permanent injunctive relief.

Reintsma asks Wheelis to issue a declaratory order with respect to Olsen’s legal residence for the purpose of the municipal elections. Reintsma asks that if Wheelis finds Olsen not to be a resident at the time of his 2011 City Council election that his seat on City Council be vacated.

Further, Reintsma asked Wheelis to issue the temporary restraining order prior to the Nov. 5 election. If that is not possible, he asked the judge to prevent the mayoral ballots from being counted until the complaint is resolved.

Reintsma asks that Lauer, as the election administrator of Lincoln County and her agents, refrain from counting the results of any votes of the mayor’s race.

Reintsma’s request does not stop Lauer and her deputies from counting the ballots for council candidates.

Upon being served with the paperwork Friday, Lauer said she is looking at ways to count the City Council candidate votes but exclude the mayoral votes.

“We’re looking at purchasing a computer chip that will allow us to do just that,” Lauer said, indicating at that time she did not know the expense of the special chip.

Lauer reminded voters that they should still vote for mayor on their ballots because those ballots would be counted to determine the mayor’s race if Olsen is deemed a candidate. Should Olsen’s residency and subsequent candidacy be determined that he is not a resident, those ballots would not be counted, and Mayor Doug Roll would be declared the winner by default. There are no other challengers for the mayor’s race.

On Friday, Roll was adamant he did not ask for the mayor’s race to be affected by Reintsma’s filings.

“I don’t think Allen Olsen is a resident, but I didn’t want the election stopped,” Roll said.

For his part, Olsen said he will continue to fight.

“This is the same old stuff all over again,” Olsen said. “I think Doug Roll knows he’s in for a race, and he’s getting desperate. If they think I’m going to back down, they’re wrong. You tell the public this: I am the only born and raised person on that City Council. I’m in this not for Allen Olsen but for Libby.” 

A call to attorney Reintsma for comment on the filings was not returned.