The following information concerns
Republican U.S. Senate Candidate, Troy Bryan Downing's, 9 FWP Citations
(below) and Montana County voting information.
His rescheduled Omnibus Hearing at the Gallatin
County Justice Court was on Feb. 14, 2018. A Jury Trial date has
been set for May 23, 24, and 25, 2018. Downing's attorney asked
for 30 jurors instead of the usual 16-25. Background information
below. The Primary Election is June 5, 2018.
Update May 4:
Senate candidate’s trial delayed until after primary election
hires same Washington D.C. researcher, Naji Filali of Percipient
Strategies (previously worked for the Republican National Committee
and the super PAC America Rising), to investigate Independent EMWH,
after breaking the FWP citations story.
April 18, 2018, Downing’s
accountant: ‘He said he had a home in Montana’ by
April 20, 2018, U.S.
Senate candidate’s hunting-license citation morphs into full-blown
criminal case by Mike Dennison
Back in August I read an article by Don Pogreba,
Talk About Troy Downing For a Moment, questioning the Montana
residency status of Montana U.S. Senate candidate Troy Bryan Downing.
I feel that elected lawmakers ought to be held
to a higher standard when they serve the public, not a double standard,
as though the laws don't apply to them. We need to elect candidates
that uphold the laws, especially those that deal with our Public
Researching FWP Game Warden citation data for
a wee bit now, I know one of the ways to access residency information,
if a person hunts and fishes, is through their hunting & fishing
license history. So I placed a FWP public information request for
Downings Montana history, as well as Alaska (from another news article)
He only hunted in Alaska in 2001, showing California
as his place of residency. California denied my Public Records Act
request. However, I received my Montana information requests (PDFs
Troy Bryan Downing applied for Nonresident Conservation
and Season Fishing licenses in 2002, 2003 and 2004. There were no
records from 2005-2010. He applied for various Resident licenses
However, my other public information request
was to see if there were any FWP citations; there were - 9 of them.
Per the FWP citations, 6 times, between 2011
and 2016 (except 2012), Downing applied for Resident licenses as
a nonresident, in violation of MCA
87-6-303(1)(a) - "In that said defendant did knowingly
or purposely or negligently commit the following offense: Nonresident
license or permit offenses - Unlawful purchase of or apply for resident
license by nonresident." There was an a 7th citation for 87-6-302
(1)(c) - "In that said defendant did knowingly
or purposley or negligently commit the following offense: Unlawful
procurement of license, permit, tag - Assist unqualified applicant
in obtaining a license." If Downing is found guilty of breaking
this law, and shot any wildlife with those licenses, he may have
additional citations forthcoming. 87-6-304(5) for loaning/transferring
his elk tag to another and 87-6-301(1)(a) purchasing for a non-resident
a 2012 conservation and season fishing license.
FWP Residency Requirements. "A person who has physically
resided in Montana as the person’s principal or primary home
or place of abode for 180 consecutive days and who meets all the
criteria listed below immediately prior to making application for
any license is eligible to receive resident hunting, fishing, and
trapping licenses... owning property in Montana does not in and
of itself make an individual a Montana resident."
For those that aren't aware, a Resident license
is less expensive than a Non-Resident license. A nonresident purchasing
a Resident license is a theft to the agency which manages our public
trust resources and habitat with those dollars. In my opinion, such
a theft is not only illegal, but also unethical.
I also contacted the Madison County voting office,
since the Montana Cadastral shows Troy Bryan Downing owning a parcel
with the Yellowstone Mountain Club on Travertine Road since 2004.
They stated he was registered to vote on Feb 22, 2012 in Madison
County, but no voting record. I called Gallatin County and was told
that Downing was registered on Aug. 2016, voted in the November
general election and the May 2017 Special election with an address
of 60 Upper Moose Hill Rd., Big Sky, MT.
Later, an article came out in the Bozeman Chronicle,
U.S. Senate candidate claims primary home tax break in California.
"U.S. Senate candidate Troy Downing of Big Sky is receiving
a tax break on property he jointly owns with his wife, Heather,
in California, an exemption that is for homeowners if the home is
their primary residence... The San Diego County assessor’s
office confirmed that he had been receiving the homeowner’s
tax exemption since 2005. The most recent property tax bill for
the fiscal year beginning July 1 and ending June 30, 2018, showed
Downing received the exemption... San Diego County Division Chief
for Assessment Services Jeff Olson said Downing acquired the Fallbrook
property in 2005 and has had the exemption since then. The application
for the tax exemption is a self-declaration that is signed under
penalty of perjury, he said."
I found the PDF
of the San Diego County Assessors Homeowners' Property Tax Exemption.
Also online was the current property tax bill,
which is public records, showing the $7000 resident Homeowner' Exemption
(screenshot below) for their Sleeping Indian Road, Fallbrook property.
Concerning the MT FWP citations, in a press
release on Nov. 8, Downing's campaign stated, "This is nothing
more than an orchestrated attack on a combat Veteran..." Being
a veteran has nothing to do with this, nor is it a defense. In the
Chronicle's resident Homeowners Exemption story, Downing's campaign
again tried to excuse the issue, "Downing’s Campaign
Manager Kevin Gardner released a statement after being presented
with the property tax bill and said it was California policy to
automatically renew homeowner’s exemptions. He said if it
was done, it was done without Troy’s knowledge."
This begs the question, if Downing can't keep
up with his MT FWP residency information, nor notifying San Diego
County's Treasurer Tax Collector as to a change in primary residence,
as well as his campaign's deflecting/attacking excuses when confronted
with legitimate residency questions, how in the hell would he be
able to handle the very detail oriented, high pressure work load
of representing Montana in Congress?