Attorney: Signs violate elections law

Signs promoting Robin Benson, a candidate for Lincoln County clerk and recorder, violate a Montana election law regarding the use of political party names in campaign materials according to an attorney with the Secretary of State’s Office.

Montana code 13-10-602 states “(1) A political party and its regularly nominated candidates, members, and officers have the sole and exclusive right to the use of the party name. A candidate for office may not use any word of the name of any other political party or organization other than that by which the candidate is nominated.

(2) An independent or nonpartisan candidate may not use any word of the name of any existing political party or organization in the candidacy.”

This statute lies at the heart of a controversy brewing around the Benson campaign. The clerk and recorder office is, as determined previously by the voters of Lincoln County, a nonpartisan office, yet Benson has placed a number of signs that indicate her affiliation with the Republican Party.

Benson, when asked for comment, provided the following statement:  “Prior to using the word ‘Republican’ on any of my campaign materials, I personally as well as others did call the Commissioners of Political Practices for advice.  I was assured there was no law under their jurisdiction that would prevent me from doing that. 

“Upon learning about the state code 13-10-602, I called the Montana Secretary of State’s Office’s election department because the number 13 refers to state elections.  I was told the state code 13-10-602 does not apply to county office elections.”

When asked, Benson could not identify the person from whom she received her advice at the Secretary of State’s Office, nor when she received it. Her husband later called and provided a name, but that person would only confirm that he had spoken with Benson, not the content of that conversation. 

Jorge Quintana, chief legal counsel for Montana Secretary of State Linda McCulloch, disagrees with Benson’s interpretation of the law. He provided this statement: “The law appears to be clear on its face. The use of a name belonging to a political party belongs to that party; a political party has the sole and exclusive use of the party name; and nonpartisan candidates are specifically prohibited from using the name of any political party in their candidacies.”

Montana code does not state a difference between county and state offices. Chapter 1 of Code Section 13, however, states no difference between state and county candidates: “‘Candidate’ means: (a) an individual who has filed a declaration or petition for nomination, acceptance of nomination, or appointment as a candidate for public office as required by law;  (b) for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and retained contributions, made expenditures, or given consent to an individual, organization, political party, or committee to solicit or receive and retain contributions or make expenditures on the individual’s behalf to secure nomination or election to any office at any time.”

In spite of the brewing controversy around the signs, no formal complaint has been filed with the Montana Commissioner of Political Practices, the agency responsible for investigating alleged campaign violations.  Lincoln County Attorney Bernie Cassidy also confirmed that no complaints have been filed with his office regarding the signs.  

Benson states that she “was told that a candidate has the constitutional right to disclose any information to the public they choose including their political affiliation.  I relied on that advice and proceeded to order my banners that say Republican as well as referring to me as a Republican in my ads.”

She added that the Commissioner of Political Practice said they “would take complete responsibility for the information that they previously provided to me.”