Commissioner rules on Tutvedt complaint
The Montana Commissioner of Political Practices issued a ruling last week finding Montana Senate candidate Rollan Roberts II improperly coordinated campaign activity with several non-profit groups in his bid to unseat Republican Bruce Tutvedt in a 2012 primary election contest.
“Sufficiency Finding No. 1: The Commissioner determines that sufficient facts exist to show that Candidate Roberts coordinated with National Right to Work agents, staffers and affiliated corporations and people such that he accepted corporate in-kind services in the form of paid professional consultants, voter ID’d mailing lists, copy writing of campaign letters, third party attack slicks, third party attack letters, graphics design, website design and polling,” Commissioner Jonathan Motl wrote in his ruling. “The Commissioner determines that sufficient facts exist to show that Candidate Roberts, through, coordination, failed to meet Montana campaign practice law and standards when he accepted in-kind contributions from corporate entities. The Commissioner determines that sufficient facts exist to show that the following entities and people failed to meet Montana campaign practice law and standards by failing to register, report or disclose or by directly or through agency engaging in illegal corporate contributions for or against a SD3 Republican primary election candidate: a) American Tradition Partnership (AKA Western Tradition Partnership), b) National Association for Gun Rights, c) National Right to Work Committee, d) Montana Citizens for Right to Work, e) Taxpayers for Liberty, f) National Pro-Life Alliance, g) Christian LeFer and Allison LeFer.”
The commissioner determined that a series of campaign materials attacking Tutvedt and advocating in favor of Roberts constituted express advocacy for or against a specific candidate, and therefore was required to be disclosed as a campaign contribution. He further ruled that Roberts had prior knowledge of, or consented to, the attack adverts, which constitutes illegal coordination of campaign activities.
“Applying this precedent, the Commissioner determines that Candidate Roberts coordinated because he had prior knowledge of or consented to the attack document,” Motl wrote.
In the ruling, Motl criticized the behavior of the corporate entities and the candidates they supported for unwillingness to abide by campaign law and practice.
“In contrast, the corporate group identified in this matter, and any candidates served by this corporate group have, to date, been unwilling to accept or adjust to Montana’s expectations of appropriate election behavior,” Motl wrote. “Until the recent litigation resulting from candidate actions taken in coordination with the corporate group, Commissioners have rarely found it necessary to seek the full legal redress allowed by Montana law against a candidate or treasurer. Full legal redress is imposed by a district court judge and comes only after a full due-process district court hearing whereat the candidate may provide evidence and confront witnesses, including the Commissioner. The Commissioner notes that full legal redress includes the ineligibility of adjudicated offender to be a candidate for, or to hold, public office.”