Election complaint to be examined by state

The Montana Commissioner of Political Practices has accepted a formal complaint alleging improper lobbying by Libby City Attorney Jim Reintsma on the behalf of Libby Mayor Doug Roll. Filed by former City Council candidate Arlen Magill, a decision on the complaint is expected by the end of October.

The complaint alleges that a lawsuit filed against former mayoral candidate and current City Council member Allen Olsen shortly before last year’s municipal election amounted to coercion of voters. The lawsuit, which alleged that Olsen was not a Libby resident, was dropped six days after it was filed, less than a week before the Nov. 5 election.

“It takes a lot of courage to file one of these complaints,” Jonathan Motl, Montana commissioner of political practices, said. “The bar for accepting these complaints is intentionally low. There should not be a significant barrier since we are the only resource for Montanans to question how their elections are conducted.”

The state agency’s investigator will examine the complaint and report her findings to Motl. If significant evidence of campaign influence is found, Motl will arbitrate a resolution.

“There could be a fine as well as a public apology,” Motl said. “People apologize all the time, which is a big deal because that acknowledges the importance of the fairness of the election process. It affects how people believe in elections.”

Olsen lost the mayoral election by 14 votes. Shortly after losing, he filed a counterclaim against the city.

District Judge James Wheelis dismissed the city’s complaint regarding Olsen’s residency in September. Olsen requested that his attorney’s fees be paid by the city, but Wheelis said he would resolve that matter after hearing Olsen’s countersuit contesting the city’s intentions in challenging his residency days before voters decided if they wanted Olsen as their mayor.

“I was concerned about the sheer cost of the litigation going on,” Magill said. “If there was no wrongdoing here, then hopefully we can put this issue to bed. But the longer this issue goes on, the more it is going to cost. I didn’t like that as a taxpayer.”

Magill’s is the 37th complaint received by the Commissioner of Political Practices this year. Motl said his agency has found sufficient evidence of fact in more than half of the complaints investigated since June 10, 2013.

The next hearing in Olsen’s counterclaim will be held Dec. 11. Should Judge Wheelis rule in favor of Olsen, the city could be on the hook for at least five-figures of attorney’s fees.

The legitimacy of Olsen’s residency had been in question since he was elected councilman in November 2011.