This week the 9^th U.S. Circuit Court of Appeals reinstated Montana’s voter-approved political contribution limits effective immediately. The limits were ruled unconstitutional in 2016 by a federal district judge in Helena and replaced with contributions limits in place in mid-1990’s.

The 9^th U.S. Circuit Court found the contribution limits in question to be “both justified and adequately tailored to the state’s interest in combating quid pro quo corruption or its appearance.”

The initial lawsuit brought in 2011 claimed the campaign finance laws burdened speech and association. The plaintiffs have already announced their plan to appeal this week’s 2-judge majority decision stating there is no evidence campaign contributions have influenced voting by state lawmakers.

Individual contributions to a gubernatorial candidate have been reduced by about $600 while the limit for what a political action committee can give will now be $660 per election, down from $10,610 per election cycle.

Some lawmakers say the Legislature will need to meet in a special session in the coming months to battle Montana’s budget crisis made worse by the summer’s wildfires.

Gov. Steve Bullock can cut budgets by up to 10 percent to balance the budget, but the bipartisan Legislative Finance Committee said this week that more than spending cuts will be necessary and passed a resolution to reduce cuts. Gov. Bullock will likely come forward with his final spending cuts in the coming weeks.

A statement from the governor’s office issued this afternoon did not give a timeline for when Bullock may call a special session.

This week, Montana Gov. Steve Bullock discussed calling a special session of the Legislature to address how to pay the costs of the summer’s wildfires.

The Governor’s budget director recommended the state reduce spending by $229.3 million to balance a reduction in tax revenue and an unforeseen increase in spending to fight extensive wildfires this year.

The Legislature passed a bill in the spring allowing the state to cut the fire fund if the revenue was lower than expected, causing the state to be an estimated $25 to $40 million short in covering this year’s costs.

Gov. Bullock stated a special session will be necessary at some point before 2019 to consider raising taxes to offset budget cuts and the high firefighting bill.

Writing a monthly column doesn’t come easy for me…I want to find something to pique your interest but not make you fall asleep reading. I was kind of stuck waiting until the 11th hour to write the column when I thought I would see what I wrote in previous Septembers. (So now you will all know I am a technological pack rat and save everything I have written.)

In 2014—three years ago I still have seven (7) states to visit in this country. Now, I know those of you who follow me on Facebook cannot believe I have not been to all 50 states.  I had not completed it by 2014 and I am sorry to say I still have not reached the goal.

I really thought I could knock off South Dakota with Sen. Deb Peters at the NCSL Executive Committee meeting in October but it conflicts with a few other events that week and I cannot get there.  There is still a chance I can knock this off by taking a US vacation to see Mount Rushmore.

Back to the subject. I am now down to the Final Four!!!

• Alabama
• Montana
• South Dakota
• Wyoming

What are your outstanding ones? And, if any of you have Ohio on that list, you need to call me to attend any of a number sporting events—Cleveland Browns, Cleveland Indians, Cleveland CAVS, Akron Rubber Ducks, or a visit to the Rock and Roll Hall of Fame. I also have season tickets to the home games to Kent State University Golden Flashes. #flashesforever

I have a new goal and there is a new year coming up…Let’s do it!

Until next month, put your list together of states still left to see and hit the road.

Elizabeth Z. Bartz

President and CEO
@elizabethbartz

On Friday, Montana Gov. Steve Bullock vetoed a bill to increase the maximum allowable contributions from individuals and political action committees and place the Office of the Commissioner of Political Practices under the jurisdiction of the state attorney general.

Senate Bill 368 would also have prohibited the Commissioner of Political Practices from filing criminal cases against candidates and transitioned complaints to the court of the defendant’s residence.

In his veto, Gov. Bullock stated the bill would undermine the effectiveness of the office and the up to 300% increase to some contribution limits was beyond what was acceptable to Montanans.

Gov. Bullock went on to say Senate Bill 368 would undo the progress the Office of the Commissioner of Political Practices and the 2015 Montana Disclose Act have made over the last two years.

Jeff Mangan, a former Democratic State Legislator, took over Monday as Montana’s Commissioner of Political Practices. Mangan, the fifth to hold the title in 7 years, was sworn into a six-year term taking over for former Commissioner Jonathon Motl.

Commissioner Mangan commenced work immediately, stating he would begin writing decisions on pending campaign complaints as soon as he was sworn in.

Unlike many Republican lawmakers who characterize Motl’s tenure in the Office as unfairly partisan, Mangan believes the framework established over the last four years left the office in good shape.

The Montana Legislature adjourned the 2017 regular session April 28, 2017.  House Bill 340, eliminating the Office of the Commissioner of Political Practices, made it through the House but was tabled in the Senate and did not pass.

Senate Bill 368, increasing contribution limits for both individuals and political action committees and placing the Office of the Commissioner of Political Practices under the jurisdiction of the state Attorney General, passed at the last minute and will be sent to the Governor.

The Montana Legislature will pick up again in January 2019.

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.