HELENA, MT (Legal Newsline) - An attorney representing a conservative political action committee hit with violating Montana’s campaign reporting and disclosure laws said that the group did all the homework necessary to comply with the laws before becoming politically active in the state. Yet, on June 16, Commissioner of Political Practices (COPP), Jeff Mangan, decided that the Convention of States Political Fund (CSPF) violated the law in radio ads and mailers backing three candidates in their primary races for the state legislature.
“We followed the regulations, the manual, advice from the staff (COPP), but the goal posts kept moving on us,” Mike Wittenwyler, a Godfrey & Kahn, S.C. attorney representing COSPF, told Legal Newsline.
Mangan’s decision stemmed from a May 20 campaign practices complaint filed by Florence resident Von Dailey against first time candidate Wayne Rusk of Stevensville, running in the Republican primary in House District 88. The complaint said that “included political advertisement for Wayne Rusk was paid for by the Convention of States Political Fund but does not include a political address or a treasure.”
Mike Wittenwyler
| Godfrey & Kahn
CSPF also backed state Sen. Jason Ellsworth, R-Hamilton, and state Rep. Ross Fitzgerald, R-Fairfield in their June 7 primary runs. All three candidates won.
In his decision, Mangan, a former Democratic lawmaker from Great Falls, said that CSPF was based in Washington D.C., and had not registered its political activities with the D.C. Office of Campaign Finance.
But Wittenwyler said that they had cleared with Mangan’s staff beforehand that the group’s operating headquarters was Michigan not Washington D.C., and that a Michigan registration was enough to comply with Montana’s rules.
“A lot of groups come to us because they get dinged when they failed to research the campaign laws in another state before going in,” Wittenwyler said. “That was not the case here.”
Mangan also found that expenditures by the group did not satisfy Montana’s itemized disclosure requirements, and listed other infractions.
In a June 21 letter to CSPF’s chief legal counsel, Wittenwyler itemized his objections to Mangan’s findings:
• CSPF has not violated any reporting requirements in Montana;
• CSPF was advised by COPP staff on Apri125 that filing a copy of its Michigan reports would satisfy its Montana reporting obligations;
• COPP's current position is a reversal of its earlier guidance and in conflict with its own rules;
• CSPF is a Michigan political action committee ("PAC"), formed in February of 2022;
• 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;
• Despite full cooperation by CSPF, COPP referred the matter to the Lewis and Clark County Attorney; and,
• After one business day, the County Attorney returned the matter to COPP.
Wittenwyler said they are now in discussions with COPP staff to resolve the dispute, and regrets that the dispute arose from a complaint rather than having the differences first being resolved through dialogue.
He also likened the compliance difficulties in Montana for outside spending groups to California and New York.
“Some clients avoid working in those states,” he said.