HELENA, MT (Legal Newsline) - Attorneys representing the conservative political action committee Convention of States Political Fund (CSPF) are pushing back against claims of campaign law violation leveled by Montana’s Commissioner of Political Practices (COPP).
On June 16, COPP Commissioner Jeff Mangan determined that CSPF had violated Montana campaign finance law by not properly registering for its political activity because it used Michigan filings. COPP claims that CSPF's headquarters are in Washington, D.C.
In a June 21 response to COPP, CSPF attorney Mike Wittenwyler wrote that his client has not violated any reporting requirements in Montana.
“CSPF has followed Montana law and disclosed all of its Montana political activities to COPP in advance of when it would be required to do so as a Michigan PAC as it is not a Montana political committee,” Wittenwyler wrote.
COPP's decision states that “[b]ased on the information provided in its Michigan Committee Statement of Organization, CSPF is headquartered in Washington DC, not Michigan.”
CSPF, however, asserts that it is indeed headquartered in Michigan and only keeps a Washington, D.C. mailing address for "record keeping purposes."
“Given that neither ‘headquartered’ nor ‘home state’ are defined by Montana statute or code, COPP cannot credibly use CSPF's mailing address as its default address for its headquarters or home state,” Wittenwyler wrote.
Wittenwyler's letter also outlines where all of CSPF's activities and reports have been made to satisfy Montana requirements.
On June 16, the same day the agency notified CSPF of its findings, COPP sent its decision to the Lewis and Clark County Attorney requesting CSPF be prosecuted for violating campaign law. According to the letter, prosecution was declined and returned to COPP within one business day.
CSPF and Wittenwyler have requested a meeting with COPP, but COPP has yet to respond to setting a date.