One thing that can be said about politics – it’s a gotcha game.
Far more so than an arena of ideas, policies, or intellectual differences, it’s about finding a misstep, mistake or misquote that can be used and twisted to malign an opponent and avoid the effort of addressing issues or defending ideas. It’s done by politicians of every stripe, because it works.
If Troy Downing didn’t know that before filing for political office, he sure did shortly thereafter. It took no time at all for someone to dig out an issue and for others to line up to begin calling him an “out- of –state poacher.”
Downing says he expects the issue to be drug out again, now that he is running for the office of State Auditor, and would like to explain his side before it becomes the subject of ten- second sound bites.
The charges were that Downing purchased Montana hunting and fishing licenses claiming, falsely, to be a Montana resident.
This ostensibly happened over a six to seven year period but charges were only filed by the Montana Wildlife, Fish and Parks Department after he filed for a political office in 2018.
Downing said he was stunned to learn the agency did not consider him a resident of the state and just as surprised about the reason why – a reason he finds to be unreasonable and impractical. “All those years I bought hunting and fishing licenses, annually, sometimes for season drawings. All that was requested of me was a drivers’ license,” said Downing.
The charges stem from a state law that says a person has to remain in the state 180 days without crossing the border in order to qualify as a citizen.
Downing has owned property in the state since 1998 and built a home at Big Sky at the end of his technology career. Since then, said Downing, “I have considered Montana home. This is where I pay taxes, from where I have a drivers’ license and where I vote.”
Not only did Downing not know about the law but he believes it is unattainable for a lot of people in a day and age when travel is so common.
Downing has a business that requires travel and he does a lot of it. And, he was certainly gone from home for extended periods while serving in the military. When the twin towers in New York were attacked on 9-11-2001, Downing was on a hunting trip in Canada. Stuck for a while in a remote area, Downing had time to reflect on what had happened and asked himself what he had ever done to give back to a country in which he had achieved and gained so much. By the time he got home he had resolved to join the US Air Force/ Air National Guard, in which he served for the next ten years.
But even then Montana was listed as home and Montana is where he came home to.
Public criticism made an issue of the fact that Downing owned a house in California. “I own property in six states,” he said, and he moved to Montana, not from California, but from New York.
Downing said he was amazed at the FWP’s ability to obtain all the business records, phone records, tax records and reports that they had to demonstrate he was not a state resident. “It was disturbing,” he said.
But if the criteria of him being a Montana citizen required being in the state 180 days without leaving the state, as unreasonable as it seems, there was no ground upon which to stand in defense. In the end, after the election, Downing made a plea agreement.
A year ago, he filed a “not guilty” plea and the judge removed the charges from his record.
“The most concerning thing was who was pushing this,” said Downing. “It just seemed so unreasonable.”
The only statement he heard that hinted at a reason came from the prosecutor when “he talked about the uniqueness of our lands in Montana and then pointed out that I was on the board of a non-profit organization that funded wounded veterans coming to the state to hunt and fish.”
“If that is the underlying issue then I’ll wear that badge proudly,” said Downing.
It was especially “hurtful to be accused of abusing Montana’s wildlife and habitat,” said Downing. Wildlife and habitat is something which Downing has always greatly valued. “I have spent much of my life supporting habitat and I have spent much money on the cause. It is absurd to think that I would lie to save a few bucks on a hunting license, after spending thousands to bring others here to enjoy it.”
“The whole thing was weird and very uncomfortable,” said Downing.
Downing, as a Republican, is running for the office of State Auditor. His Democrat opponent is Shane Morigeau.
