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At the July 9 City Council meeting, Councilmember Marcia Martin (Ward 2) made a statement about her personal situation in caring for a family member in a different state. Councilmember Martin has been participating remotely at Council meetings for several weeks, which has raised questions in the community about the status of a Councilmember in this situation.

Specifically, there have been questions about a Councilmember’s status if they are staying in a different state for a significant amount of time. The Longmont City Charter reads, “Each councilman elected from a ward shall have been a qualified elector for one year, and during the term of his office shall reside in the ward from which he is elected.”

The case Gordon v. Blackburn provides clarity on this question: “It is clear from the language of this [the municipal election] statute that, once a person’s legal residence has been established, his intention to keep it becomes the central factor in determining whether it continues. If a person maintains the “present intention of returning,” he may leave his voting residence, for even a lengthy period, without losing it.

Council Member Martin has stated repeatedly that she has not vacated her seat nor her residency in Longmont. She maintains that her primary residence is the City of Longmont and affirms that she intends to return to the City. The City Council made a motion on July 23 agreeing to allow her to continue under this temporary remote situation until December 2, 2024, at which time a decision will be made about the future.