Hilton: A Last-Minute Zoning Variance Cannot Retroactively Establish Residency
DOVER, N.H. – Ken Hilton, Chairman of the Strafford County Republican Committee and Vice Chairman of the New Hampshire Republican Party, is calling for immediate action by state election officials regarding serious questions surrounding Sean Leavitt’s eligibility as a Republican candidate for Strafford County Commissioner District 3.
Leavitt filed for office using 99 Columbus Avenue in Dover as his residence. The property houses his commercial electrical business, and Dover Zoning Administrator Paul Crouser has confirmed in writing:
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“At present, the primary structure located at 99 Columbus Ave., Dover, NH 03820 is not permitted for residential occupancy.”
Information provided to election officials indicates that Leavitt actually resides at 37 Ash Street in Dover, Ward 1, outside District 3, where he voted in the previous two statewide elections. Leavitt previously remained in District 3 on a technicality under the law as it then existed, an issue subsequently corrected by the Legislature.
The situation took an extraordinary turn Tuesday morning when Leavitt told Hilton directly that he was “not going to step down” and was “working with the city to get the zoning corrected by the end of the week.” Leavitt also claimed that “everyone knew that he was planning to move there.”
“If 99 Columbus Avenue was already Sean Leavitt’s lawful residence when he filed for office, why is he now, one week before the primary, trying to obtain a zoning variance allowing residential use?” Hilton said.
A VARIANCE CANNOT REWRITE HISTORY
The Strafford County Republican Committee is asking the Secretary of State and New Hampshire Department of Justice to determine where Leavitt was actually domiciled when he registered and filed his candidacy–not whether he can obtain permission to live at 99 Columbus Avenue after the fact.
“The question isn’t whether Sean can get permission to live there next week,” Hilton said. “The question is simple: Did he live there and was it his lawful domicile when he filed for office? You cannot establish eligibility for office retroactively.”
Hilton emphasized that Dover Planning and Zoning officials were not responsible for Leavitt’s decision to use the commercial property as his residential address and, according to the information obtained, were not consulted about establishing a residence there before his candidacy was challenged.
“If Sean Leavitt needed a variance to legally reside at 99 Columbus Avenue, he needed to obtain it before claiming that address as his residence and filing for office—not after being caught and challenged,” Hilton said. “A variance issued now cannot make him a resident there months ago.”
Hilton is also calling on Dover officials to ensure that the municipal zoning process is not used to retroactively cure an election-eligibility problem. Any preferential or specially expedited governmental action intended to alter the circumstances underlying a candidate’s eligibility after a formal challenge would raise serious concerns about improper governmental intervention and potential election interference.
“Dover’s Planning and Zoning Department did not create this situation, and they should not be placed in the position of being used to fix it,” Hilton said.
VOTERS DESERVE AN ANSWER NOW
With the Republican primary only one week away, Hilton is requesting immediate action from Secretary of State David Scanlan and the New Hampshire Department of Justice.
“This is bigger than one candidate. Election laws and residency requirements have to apply equally to everyone,” Hilton said. “If Sean Leavitt was not domiciled in District 3 when he filed, voters deserve to know that before they cast their ballots—not after the election.”
“The facts that existed on filing day are the facts that matter,” Hilton concluded. “A last-minute zoning variance cannot rewrite history.”
Press Release Contact:
Ken Hilton: Vice Chair, New Hampshire Republican Party & Chair, Strafford County Republican Committee
Email: info@straffordcountyrepublicans.org
Phone: 603.692.8535
PO Box 1282
Dover, NH 03821
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