Gianforte cleared in campaign practice complaint
Jonathan Motl, Montana Commissioner of Political Practices, has dismissed a campaign practice violation complaint filed against 2016 Republican gubernatorial candidate Greg Gianforte.
The complaint was filed Aug. 26, 2015, by Butte resident Richard LaBreche. In the complaint, LaBreche alleged Gianforte violated Montana campaign practice laws by acting as a candidate prior to his official declaration to such an extent that he failed to meet the candidate filing date requirement.
“Greg Gianforte is misleading the people of the state of Montana by not following campaign finance laws,” LaBreche wrote in the complaint. “Mr. Gianforte filed as a candidate for governor in August, but had really started campaigning way back in March.”
LaBreche alleged Gianforte started his campaign in early 2015 with the purchase of an Internet domain name and the hiring of Amy Lunde to set up meetings and interface with the press, especially related to a speaking tour of Montana Gianforte engaged upon earlier this year.
Motl said the primary issue of the complaint was not the allegation of a missed deadline, but whether or not a candidacy could be created by inference.
“The complaint in this matter alleged that Mr. Gianforte acted as a candidate for an extended time period before Aug. 17, 2015, such that he failed to timely meet the Commissioner of Political Practices candidate registration deadline,” Motl wrote. “The issue thus presented is whether a candidacy can be created, for campaign practice purposes, by inference from campaign-like activities.”
In his ruling, Motl said that acting like a candidate creates neither a candidacy nor a campaign. The trigger for the campaign filing requirement is the solicitation or acceptance of campaign contributions or an official declaration of candidacy.
“Until Mr. Gianforte says he is a candidate, he is spending money as an individual and not as a candidate,” Motl wrote. “The means Mr. Gianforte has not ‘made expenditures … to secure nomination or election’ under 13-1-101(6) MCA. Likewise, there is no evidence showing Mr. Gianforte solicited or accepted contributions prior to Aug. 17, 2015. Instead, the evidence shows that Mr. Gianforte stated his candidacy and then promptly filed with the Commissioner of Political Practices.”
Because no announcement was made, nor was any money collected or solicited, Motl ruled Gianforte was not actually a candidate prior to Aug. 17, and as such did not violate Montana campaign practice laws and dismissed LaBreche’s complaint.
Motl took his ruling one step further than the complaint at-hand, however, and used the complaint as a vehicle to address the issue of inferred candidacy, which has been much-discussed during recent campaign cycles.
“The Commissioner notes that this inferred vs. actual candidacy issue has been debated for several campaign cycles,” Motl wrote. “With this uncertainty in mind, this complaint is not frivolous but instead has value because it allowed the resolution of this issue for this campaign and for future campaigns.”
Motl ruled the idea of inferred candidacy is not valid under Montana law, that only specific actions of an individual trigger an actual candidacy. Prior to those triggers – soliciting and accepting donations or the announcement of candidacy – a candidate is just an individual and not subject to filing requirements.
“For future reference, this decision determines that a candidacy requiring Commissioner of Political Practices registration or filing cannot be created by inference,” Motl wrote. “Montana law requires that an individual take an objective step into candidacy (‘solicited or received and retained contributions’ or ‘made expenditures’) and this leaves room for flirting with candidacy before taking a definite step into becoming a candidate. An individual is free to explore a candidacy, as Mr. Gianforte did here, and his or her intentions cannot be supposed by a third party.”