"I've lived here since '78," he said Wednesday. "There's some kind of stupid law out there that says I can't run."
Edwards lives on Mallard Way, west of town. The law is a state law, spelled out in the Montana Code Annotated, 7-4-4301, Qualifications for mayor.
It's ridiculous, Edwards said. He owns a local business, Pattee Creek Market grocery store, and pays taxes in the city. He lived in the university area for eight years and is still registered to vote there.
Edwards and his wife are building a house in Phantom Hills, he said. They expect to move into it this summer. It is in the city.
Edwards announced his candidacy the last week of April. He has a campaign treasurer in place, he said, and a campaign mail box. When someone brought his residency status to his attention, he called his lawyer.
"That's why I haven't filed," he said. "I've been looking into the legal issues."
However, the law is pretty plain, said Vicki Zeier, Missoula County clerk and recorder.
"It's very clear in the codes," she said.
When candidates file for office and pay the fees, they have to write their addresses on their declarations, "and they have to swear they live in the jurisdiction for that office," she said.
If somebody lies about where they live, she said, somebody else has to challenge it, in court or by contacting the state Office of Political Practices. That could be another citizen or perhaps the city attorney.
Someone could use that challenge now, she said, to keep Edwards from voting in a university-area precinct if he doesn't live in it.
At the Elections Office, the staff verifies that the address the candidate gave qualifies for the office. They don't try to verify that people live where they say they live.
But other people know, she said, especially in a race for mayor.
"Citizens and other candidates for mayor are going to say something," she said.
Paying taxes but not being able to govern seems unfair to some people, she said.
"A lot of people say that," she said. "But then they need to change the law."
Edwards, who talks about good customer service from government, decided Wednesday he'll run for the City Council instead. That requires residency of 60 days before the election. His new home will be in Ward 2.
"I'll wait four years," he said. "No big deal. In the meantime, I'll run for City Council."
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