Constituents raise concerns about North Idaho state senator’s residency

By Mia Maldonado
Idaho Capital Sun

Constituents from Idaho’s Legislative District 2 have submitted a letter to the Idaho Secretary of State’s Office requesting an investigation into Republican state Sen. Phil Hart’s residency. 

Hart, who is in his first term in the Idaho Senate — and has previously served four terms in the Idaho House — is registered at an address in Kellogg. He is running for reelection in the Nov. 5 general election against challenger Tom Hearn, a Saint Maries Democrat.

According to the letter sent by two constituents, Hart’s registered home has been under construction for several years and they believe it is unoccupied.

“Given the extended construction on the property and concerns raised by residents within our community, we ask that your office investigate whether Senator Hart is in fact residing within Legislative District 2 or whether he is residing outside the district,” the letter stated, signed by District 2 constituents Debra Rose and Bruce Koch.

On Oct. 1, the constituents with assistance from the Idaho Democratic Party, held a press conference outside of Hart’s home to discuss the issue. According to a press release from the Idaho Democratic Party, the constituents and party claim to have evidence from a private investigator that suggests Hart does not live at his home, but at a Hayden office outside of his district leased by his business.

Hart could not be immediately reached for comment.

To run for state office, individuals must be a registered voter within their legislative district at least one year prior to the election. According to Idaho law, individuals who temporarily leave their home do not lose their residence. But if the individual moves to another area with the intention of making it their permanent home, they lose their residence under Idaho law. 

This is not the first time Hart is at the center of controversy. In 1996, Hart illegally cut down trees from state school endowment land to complete his log home in Athol. The property was later sold in 2016 as a settlement for not paying years worth of federal income taxes, the Spokesman-Review reported. 

Idaho Secretary of State’s spokesperson Chelsea Carattini confirmed that the office has received the request to review the issue. 

The constituents in the letter said they represent “both sides of the political aisle — one a registered Democrat and the other a registered Republican,” and their goal is to maintain transparency and accountability.

This story was produced by Boise-based nonprofit news outlet the Idaho Capital Sun, which is part of the States Newsroom nationwide reporting project. For more information, visit idahocapitalsun.com.