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.

Six candidates are pursuing Montana’s seat in the House of Representatives after President-elect Trump recruited the current holder, Ryan Zinke (R), to be the interior secretary.

Three of the candidates are Republicans and three are Democrats. A special election will be scheduled as early as 85 days following Zinke’s official promotion.

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.

On May 17, U.S. District Judge Charles Lovell ruled the current statutory campaign finance contribution limits in Montana unconstitutional. “Defendants have not proven that the campaign contribution limits … further the important state interest of combating quid pro quo corruption or its appearance,” Lovell wrote in the court’s order.

Montana Commissioner of Political Practices Jonathan Motl said the ruling reinstates the contribution limits in place before the statute was enacted. Those contribution limits have been adjusted for inflation and are now $1,990 for governor and lieutenant governor; $990 for other statewide offices; $530 for District Court judge, Public Service Commission, and state Senate; and $330 for all other elected offices, including the state House. The limits are per candidate per election.

Attorney Matthew Monforton said the court’s ruling should mean there are no caps on contributions from any source” and will consider additional litigation if Motl doesn’t lift all limits, according to the Independent Record.

The statute struck down by Lovell in Lair v. Motl was enacted by an initiative vote in 1994.

On January 8, new Montana campaign finance rules requiring increased disclosure from candidates and committees were officially published and became effective. Political Practices Commissioner Jonathan Motl had formally filed the new administrative rules on November 24 with the secretary of state. However, Motl waited to publish and make the rules effective until a poll was taken of the state’s lawmakers to determine whether they found the rules consistent with campaign finance legislation they passed last year. After lawmakers approved of the rule changes late last year, the rules were then finalized for publication. The official notice of the adoption of the rules include both changes to the original proposed rules, made in August of last year, and 190 public comments the commissioner’s office studied and considered in making final adjustments to those  proposals.

Other changes in the new rules include electronic filing of reports to be made immediately available to the public online. “If all we have left after Citizens United is transparency, reporting and disclosure, then I think society’s got an obligation to make that transparency real. These regulations take us significantly down that path,” said Motl, according to the Washington Times.

On January 9, a $10 increase in contribution limits for certain candidates becomes effective in the state of Montana.

Pursuant to state statute, the Office of the Commissioner of Political Practices, adjusting contribution limitations to reflect the consumer price index, has raised the contribution limit for candidates for the governor and lieutenant governor from $650 to $660. Candidates for statewide office may now accept $330, up from $320. The contribution limit of $170 remains the same for all other public offices, including state Senate and state House. Montana’s contribution limits continue to be contested in the court challenge of Lair v. Bullock, which argues the state’s political contribution limits are unconstitutionally low.

On November 24, Montana Political Practices Commissioner Jonathan Motl formally filed new campaign finance rules with the secretary of state. The 50 plus pages of new rules do not take effect until published, which is expected to be in early 2016. The State Administration Committee is conducting a poll among all state legislators to determine whether lawmakers consider the rules consistent with the intent of recent legislation. Motl has agreed to delay the rules until the lawmakers’ poll is concluded.

Among the changes in the new rules, electronic filing of reports will be required and will then be immediately available to the public online. “It’s going to increase transparency in a way that this state has never seen,” Motl said, according to Montana Public Radio.

On May 26, the U.S. Court of Appeals for the Ninth Circuit reversed a lower court’s ruling in Lair v. Bullock. The lower court concluded Montana’s political contribution limits were unconstitutionally low. The appellate court found the lower district court applied the wrong legal standard prior to permanently enjoining the enforcement of Montana’s restrictions on campaign contributions by individuals, political action committees, and political parties.

The case was remanded back to the district court to allow Montana’s political contribution limits to be tested under the new and more restrictive standard of Citizens United v. FEC. This new standard, the court stated, means, “The prevention of quid pro quo corruption, or its appearance, is the only sufficiently important state interest to justify limits on campaign contributions. Before Citizens United, it was enough to show the state’s interest was simply to prevent the influence contributors of large sums have on politicians, or the appearance of such influence. No longer so.”

Commissioner of Political Practices Jonathon Motl said he was confident the limits will be sustained, according to the Missoulian.

The Montana Senate and the House both adjourned sine die on April 28, 2015.

Governor Steve Bullock, who does not have a pocket veto, has 10 days upon delivery to sign, veto, or recommend amendments to bills. The Legislature, which meets in regular session for 90 working days in every odd-numbered year, will have its next regular session in 2017.

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