BARNES: Answer important questions

NIC Board Member, Michael Barnes, must obey the laws and statutes of Idaho.

Is he still on the board at NIC?

Every civil office shall be vacant upon the happening of either of the following events at any time before the expiration of the term of such office, as follows:

1) The resignation of the incumbent.

2) His death.

3) His removal from office.

4) The decision of a competent tribunal declaring his office vacant.

5) His ceasing to be a resident of the state, district or county in which the duties of his office are to be exercised, or for which he may have been elected.

[150 Idaho 161] … City of Huetter v. Keene, 244 P.3d 157, 150 Idaho 13 (Idaho 2010)

The date Barnes ceased to be a resident would go to intent on his part. It could well be before he sold his home in June 2021 by moving prior to the sale of his home to Arizona. This statute has questions in the few cases concerning the issue of when an elected official ceases to be an elected official.

If he lost the status by moving, then one needs to ask if any decision he made by vote at the NIC board meetings is valid. I believe it is not and is problematic.

JAMES CROWE, Esq.

Attorney

Coeur d’Alene