HELENA—State Sen. Jesse Laslovich is a legal resident of his legislative district in Anaconda, even though he co-owns a home and works in Helena, the state political practices commissioner has determined.

Commissioner Dennis Unsworth ruled in the Democratic senator’s favor in a 2008 complaint filed by his Republican opponent, Dick Motta of Philipsburg.

Laslovich defeated Motta by 5,853 to 2,391 votes in November 2008 for the Senate District 43 seat, comprising parts of Deer Lodge and Powell counties and all of Granite County.

“I definitely agree with the commissioner, and I’m happy that it’s resolved,” Laslovich said Monday.

Motta disagreed with the ruling, calling it “a waste of the candidate’s time and money” to file such a complaint.

“It should not take 18 months and taxpayers dollars for (the commissioner) to define residency and determine false swearing,” Motta said. “Any finding should be timely so that electors are aware of the issues and the outcome of the election is not in question.”

Motta contended Laslovich falsely listed his parents’ Anaconda address as his residence when filing for office and wasn’t a district resident for six months before the November election as is legally required.

Motta maintained that Laslovich, instead, is a legal resident of Helena, where he works and co-owns a home with his wife.

Unsworth ruled otherwise.

“Laslovich’s unequivocal and often-stated intent to return to Anaconda-Deer Lodge County when his temporary employment ends, coupled with his decision to reside at his parents’ ‘fixed’ residence in Anaconda, is consistent with the language in (state law) and the McCrone decision (by the previous political practices commissioner),” Unsworth wrote.

Laslovich licenses his vehicle in Deer Lodge County, banks and votes in Anaconda and is a part-owner of his family’s construction business there, the decision said.

“Laslovich has combined the necessary acts and intent to establish that his residence for legislative candidacy, registration and voting purpose in Anaconda-Deer Lodge County,” Unsworth said.

But Unsworth did note that Motta’s complaint raised “a legitimate concern about the length of time that Laslovich can lawfully claim permanent residency in Anaconda-Deer Lodge County while owning a home jointly with his spouse in Helena, residing with his spouse in Helena and working temporarily (more than two years) in Helena.”

“However, the Legislature does not have the unfettered discretion to impose residency requirements that infringe on other fundamental constitutional rights such as the right to vote, the right to travel or the right to pursue life’s basic necessities, including the right to pursue employment,” he said.

During Laslovich’s eight previous years in the Legislature he was an undergraduate and later a law student at the University of Montana, listing his parents’ Anaconda address as his residence in each campaign.

When both Laslovich and his wife graduated from the law school in 2006, they bought a home in Helena in July 2006 when she took a job with Helena law firm starting in September 2006. He returned to Anaconda and commuted to work at a Missoula law firm.

That ended when Laslovich served in the 2007 Legislature and stayed at his Helena home. Afterward, he worked with his father for the family-owned Anaconda construction business.

In July 2007, then-Attorney General Mike McGrath hired Laslovich for an exempt job on his staff. Laslovich lived in Helena then.

That job ended when McGrath’s term ended in late 2008 after he was elected chief justice of the Montana Supreme Court.

Laslovich lived in his Helena home during the 2009 Legislature. In May, he accepted an exempt attorney position on state Auditor Monica Lindeen’s staff, a job that ends when her four-year term ends in 2012.