Harrison Thorp
DOVER – The chairman of the Strafford County Republican Committee is calling for immediate action by state election officials regarding questions surrounding Sean Leavitt’s eligibility as a Republican candidate for Strafford County Commissioner.
Leavitt, who currently serves as county commissioner in District 3, filed for office using 99 Columbus Ave. in Dover as his residence. According to Ken Hilton, the county GOP chair, the property houses his commercial electrical business, and Dover Zoning Administrator Paul Crouser has confirmed in writing that “at present, the primary structure located at 99 Columbus Ave. is not permitted for residential occupancy.”
Information provided to election officials indicate that Leavitt actually resides at 37 Ash St. in Dover, which is located in District Ward 1, which is outside of District 3.
Leavitt has voted in Ward 1 in the previous two statewide elections, Hilton said.
“He remained in District 3 on a technicality under the law as it then existed, an issue subsequently corrected by the Legislature,” he noted.
On Tuesday Leavitt told Hilton 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,” according to Hilton. Leavitt also claimed that “everyone knew that he was planning to move there.”
“If 99 Columbus Ave., 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 asked.
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 Ave. 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,” he said.
“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 added.
With the Republican primary only one week away, Hilton, who is also vice chair of the New Hampshire Republican Party, 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 noted. “A last-minute zoning variance cannot rewrite history.”
Former Rochester state rep Cliff Newton, who lost to Leavitt in primary for the District 3 commissioner slot two years ago, said he wasn’t surprised that something like this didn’t turn up sooner or later.
“Just more high jinks from Maglaras, because you know he’s behind it,” Newton quipped.
Strafford County Commission Chair George Maglaras and Leavitt were both unavailable for comment today.
The Rochester Voice also reached out to the Secretary of State’s Office, which confirmed they are aware of Hilton’s questions and are looking into the matter.