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2002 Mitt Romney residency issue
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During the 2002 Massachusetts governor’s race, one widely discussed issue was whether Republican candidate Mitt Romney was eligible to run for governor under the state constitution’s residency requirements. Massachusetts residency requirements Chapter II, Article II of the Massachusetts State Constitution states that “no person shall be eligible to this office , unless at the time of his election, he shall have been an inhabitant of this commonwealth for seven years next preceding.” Romney’s residency status Born and raised in Michigan and having graduated from college in Utah, Romney moved to Massachusetts to attend Harvard University to earn an M.B.A. and a J.D., graduating in 1975. He remained in Massachusetts working with Boston Consulting Group, Bain & Company, and Bain Capital until 1999, when he returned to Utah to take a job as head of the Salt Lake Organizing Committee in charge of planning the scandal-plagued 2002 Winter Olympics. While Romney kept his house Belmont, Massachusetts after 1999, it is debatable whether that was his primary residence from then until 2002, as for most of that time he lived at his home in Park City, Utah and worked in Utah as well. Further complicating the issue was that in while living in Utah, Romney had filed taxes as a Utah resident, receiving a $54,000 tax break (reserved for the “primary residence” of Utah residents) on his $3.8 million home in Park City. Additionally, in 1999 his Massachusetts state tax return listed him as a part-time resident and his 2000 tax return listed him as a full-time Utah resident. In April 2002, after returning to the state and deciding to run for governor, Romney altered his 1999 and 2000 tax returns, changing his residency status for those years to Massachusetts resident from Utah resident. In doing so he paid back to Utah $54,000 in property tax deductions. Election issue The residency question was first brought up by then acting-governor Jane Swift’s campaign but she did not pursue the issue after deciding not to run against Romney in the Republican primary. Later in the campaign, some state Democrats picked up the issue over Romney’s eligibility and requested that the state Ballot Law Commission perform an investigation as to whether Romney met the requirements to run for governor. Hearings were in June 2002. The attorney for the Democratic Party made his case around the proposition that "Mitt Romney worked in Utah full time, he lived in Utah full time and he received tax advantages by reason of having his primary residence in Utah." Romney's attorney emphasized the legal distinction between a domicile (a person may have only one) and residences (a person may have many). On June 25, the commission (appointed by the Republican governor and consisting of three Republicans, one Democrat and one Independent) effectively ended the matter when it unanimously ruled in a 41-page decision that Romney was indeed eligible. The ruling concluded that " never severed his ties to Massachusetts his testimony was credible in all respects." The State Democratic Party decided it was politically inopportune to contest the ruling in court.
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