On Wednesday, Montana Gov. Steve Bullock appointed Jeff Mangan, a former Democratic state legislator, to a six-year term as the next Commissioner of Political Practices.

Mangan will replace outgoing Commissioner Jonathon Motl whose tenure was riddled by allegations of disproportionately targeting and investigating Republican candidate campaign violations.

Mangan will be the fifth Commissioner appointed this decade and the first confirmed to a full six-year term. A confirmation vote by the Senate is expected on Thursday or Friday.

The Billings City Council unanimously voted this week to repeal the city’s ethics ordinance and dismiss the Board of Ethics. In place of the Board of Ethics, the Yellowstone County Attorney will oversee the city’s ethics complaints.

The city says it will use already existing state ethics standards and enforcement procedures currently being used in Helena and Great Falls.

The current and now nonoperational Ethics Board asked to remain in place, believing they are better trained to handle ethics complaints and are more available to the city’s population to report ethics violations.

Under the newly repealed ethics ordinance, the city attorney was not able to review ethics complaints against city council members, so a separate private attorney was hired, something City Council was aiming to change.

The new ethics provisions are set to become effective at the end of April.

Top Montana legislators canceled a meeting this week to nominate a new Commissioner of Political Practices when an agreement could not be reached.

In a meeting held last week, members of the bipartisan House and Senate leadership committee, tasked at nominating candidates for approval by the governor, were only able to agree on one nominee out of seven applicants.

By law, two nominations are required before Gov. Steve Bullock can approve a potential candidate. If no decision is reached by the committee, Gov. Bullock may choose a replacement who must then be confirmed by the Senate.

The search for a new commissioner is happening concurrently with a legislative session where Republican lawmakers are trying to eliminate the office and position.

House Bill 340, aimed at dismantling the Office of the Commissioner of Political Practices, passed in the House last month and has been referred to committee for review in the Senate.

On Wednesday, Gov. Steve Bullock called a special election to take place on May 25 to fill Montana’s only seat in the U.S. House of Representatives vacated by Ryan Zinke.

Zinke was confirmed this week by the U.S. Senate as President Donald Trump’s new Interior Department secretary.

Zinke has refrained from participating in dozens of House votes since his cabinet nomination, leaving Montana without representation for most of 2017.

So far, seven Republicans and eight Democrats have filed for candidacy seeking the respective party nominations. The Democratic Party will hold a special nominating convention on March 5.

This week the Montana House of Representatives passed House Bill 340, a bill to dismantle the Office of the Commissioner of Political Practices. The bill was transmitted to the Senate on Tuesday after passing a final vote in the House.

The passage of House Bill 340, aiming to split the Commissioner’s current duties between the Secretary of State and Attorney General, was not unanimous.

Democratic lawmakers believe transferring power to two inherently partisan offices will not remedy what Republican lawmakers are characterizing as a partisan witch-hunt from current outgoing Commissioner Jonathon Motl.

A bill was filed this week seeking to eliminate the Office of the Commissioner of Political Practices and split the duties between the attorney general and the secretary of state. Under House Bill 340, the secretary of state would be responsible for duties related to the filing of ethics, lobbying, and campaign finance reports while the attorney general would assume control of investigative and enforcement duties.

The Office of the Commissioner of Political Practices, which was established in 1975, monitors, enforces, and investigates lobbying, ethics, and campaign finance and is appointed by the governor.

This comes as the current commissioner, Jonathon Motl, is preparing to exit his position pending confirmation of a successor. Motl was appointed three years into a six-year term expiring on January 1 but remained in office awaiting a court decision on the ending date of his term, much to the chagrin of Republican lawmakers who have accused Motl of partisan bias.

The bill’s sponsor believes the office holds too much power for a single person and splitting the authority between agencies will benefit the State’s ethics supervision.

The Montana Supreme Court ruled Commissioner of Political Practices Jonathon Motl’s term has expired, but he must remain in office until a replacement is found. A lawsuit was filed in December 2016 claiming Motl, who was appointed to the position in 2013 by Gov. Steve Bullock, was entitled to a full six-year term ending in 2019.

The Court stated they did not want to interfere with Bullock’s appointment and later confirmation by the Senate. The order went on to say Motl must remain in office until the Senate confirms a successor.

State Republicans are pleased with the quick ruling, providing an opportunity to confirm a new commissioner during the current 2017 legislative session. Motl’s chief legal counsel, Jamie MacNaughton, and former Billings city commissioner Michael Larson have already submitted applications to be considered as Motl’s replacement.

Montana Attorney General Tim Fox and Republican legislators say that rulings made by Commissioner of Political Practices Jonathan Motl in 2017 could be challenged by those affected if the court does not have the authority to change his confirmation.

Motl was appointed as Commissioner in 2013 by Gov. Steve Bullock and confirmed by the senate to a term ending January 1, 2017. A Montana District Court determined the end of his term to have no force or effect pending a decision as to whether he should serve a full 6-year term.

According to the Bozeman Daily Chronicle, Solicitor General Dale Schowengerdt said that Motl’s authority is uncertain, resulting in substantial due process concerns. Motl believes state law requires him to continue his duties until a successor is appointed.

The Montana First Judicial District Court issued an order to let Commissioner of Political Practices Jonathon Motl stay in office until a case to extend his appointment is heard, reserving the ending date issue for determination by the Court.

A lawsuit filed last month asserts Motl, who was confirmed by the Senate in 2013, should be allowed to complete a full six-year term of service extending his appointment until June 2019. Montana Senate Republicans, who have repeatedly accused Motl of bias against them in his decisions, have introduced a resolution seeking to intervene in the case to “vigorously defend and protect in all court proceedings the legal integrity of (the) Senate’s constitutional confirmation authority.”

If the resolution passes, the Senate will assert that Motl’s term ended on January 1, 2017. A hearing is expected on the issue in early 2017.

On December 21, a lawsuit was filed to extend the appointment of the Montana Commissioner of Political Practices until June 2019. The lawsuit, brought by the secretary of state and state Senator Christine Kaufmann, among others, want Commissioner Jonathan Motl to serve a full six-year term.

His appointment, scheduled to end on January 1, 2017, is six years after the departure date of the last commissioner to be confirmed by the state Senate, according to the Bozeman Daily Chronicle. The lawsuit asserts Motl, who was confirmed by the senate in 2013, should be allowed to complete a full six-year term of service.

On December 16, the Commissioner of Political Practices’ proposed rule amendment increasing the threshold amount of payment triggering lobbyist and employer registration to $2,550 for 2017 and 2018 was adopted.

The payment threshold is adjusted by an inflation factor determined by the commissioner. The previous threshold amount was $2,500 for the calendar years 2015 and 2016.

A federal judge has upheld the constitutionality of Montana’s campaign finance disclosure law.

The 2015 Disclose Act, aimed at combating an increase in dark money spending, faced a constitutional challenge asserting the law interfered with the free speech of groups wanting to influence elections without revealing the source of their money or how it is spent. The law requires political committees in Montana to report spending and donors within 60 days of an election if the committee’s advertisements mention a political candidate.

In his opinion, Judge Dana Christensen, Chief Judge of the U.S. District Court for the District of Montana, cited to the ruling in Citizens United. He referenced the notion that while disclosure requirements may burden the ability to speak, they do not prevent anyone from speaking.

There are still two legal challenges to the Disclose Act pending, one at the state level and one in federal court.

Lawmakers in Montana rejected a request for a special legislative session to address the state’s campaign finance laws.

Ten legislators called for a special session to address the law controlling contribution limits. In May, a U.S. District Court found Montana’s current law concerning political contribution limits unconstitutional. The ruling reinstated most contribution limits in place before the statute was enacted.

In order to convene the special session, 76 lawmakers, just over half the 150 total number of legislators, needed to agree to the special session. However, only 20 legislators voted in favor of a special session. Montana Public Radio reports Sen. Cary Smith, a supporter of the special session, as saying, “I know the standard is high to call a special session, and that we will be back in session in 2017 and be able to work on this issue.”

Photo of the Montana State Capitol by Maksim on Wikimedia Commons.

On May 25, U.S. District Judge Charles Lovell partially stayed his order from May 17 striking Montana’s contributions limits. On May 17, Lovell ruled the state’s current statutory campaign finance contribution limits were unconstitutionally low. The state determined the ruling reinstated the contribution limits in place before the statute was enacted.

However, the contribution limits allowed from political parties in the previously enacted law were lower than the amounts ruled unconstitutionally low. Because of this, the court issued its partial stay as to the amount political parties may contribute. All other contribution limits will remain from the reinstated law, adjusted for inflation. The partial stay will remain in effect pending the state’s appeal of the entire case to the 9th U.S. Circuit Court of Appeals.