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.

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.