HELENA - Groups supporting a trio of ballot measures to restrict government
in Montana are breaking campaign-finance laws, including the ban on "money
laundering" of political donations, a Helena attorney said in formal complaints
this week.
Jonathan Motl, himself a veteran of several ballot-issue campaigns in Montana,
asked the state political practices commissioner to investigate his complaints
and levy fines against the groups.
The violations are "likely to be the most extensive, consistent and deliberate
assault on Montana's initiative process witnessed to date," Motl said in
four separate complaints filed late Monday.
The complaints are directed at four groups supporting Constitutional initiatives
97 and 98 and Initiative 154, which have yet to qualify for the November ballot.
CI-97 would limit state government spending; CI-98 makes it easier to recall
judges; I-154 enables property owners to be compensated if government action
reduces their property value.
Motl said Tuesday the four groups supplying money for the initiative campaigns
are violating numerous money-reporting laws, and that one of the groups - Montanans
in Action - appears to be an illegal financial front for an out-of-state organization
behind all three measures.
Montanans in Action already has routed nearly $650,000 to the three ballot initiative
committees, but won't reveal its source of money.
Most of the money has been paid to professional signature-gatherers, who solicited
signatures of registered Montana voters to attempt to place the measures on
the November ballot.
A spokeswoman for the secretary of state's office said Tuesday it's likely all
three measures will be certified this week for the November ballot.
Motl said he filed the complaints because he believes in the initiative process
and wants its integrity protected.
"It has been an extremely important process in Montana, and it needs to
be protected by holding the opponents and proponents to the highest possible
standards of (financial) reporting," he said.
Trevis Butcher, a Winifred rancher and political activist who's coordinating
the campaigns for the three proposed ballot measures, hadn't seen the complaints
Tuesday. But he said he thinks Motl is "using this (process) for harassment."
Butcher noted that Motl has helped promote Gov. Brian Schweitzer's proposed
voter initiative to tighten restrictions on lobbying, while Schweitzer is opposing
the measures targeted by Motl's complaints.
"We find it very interesting that (Motl) is doing everything he can to
stall the process and keep the voters from the opportunity to vote on these
issues," Butcher said.
Motl's complaints allege several violations by the three ballot "committees"
formed to support CI-97, CI-98 and I-154 and Montanans in Action:
Montanans in Action is a political committee, and therefore its account deposits
must be made by checks, which must be open to inspection, he said. Butcher,
the treasurer for Montanans in Action, has produced no such records, and the
$600,000-plus routed through the group was deposited by wire transfer, Motl
said.
Butcher has said the group is not required to reveal its donors, because it
is a nonprofit group that also works on "education" efforts.
Montanans in Action apparently is receiving money from Americans for Limited
Government, an Illinois-based group that publicly supports the Montana initiatives
and related initiatives in other states, Motl said.
Routing money from ALG through Montanans in Action, for use by the ballot committees,
violates Montana's anti-laundering law that says political contributions must
be made in the name of the contributor, Motl said.
ALG provided some initial support for the initiatives, but has denied giving
money to Montanans in Action.
n The ballot committees for each initiative do not have receipts or canceled
checks for each of their expenditures, as required by law, Motl said.
n The ballot committees do not have bank deposit records for all of their contributions,
and some of the contributions are wire transfers instead of deposits by check,
which violates state law, he said.
Gordon Higgins, the state's political practices commissioner, said he'll decide
this week whether to have the complaints investigated.
If an investigator decides a violation has occurred, a local prosecutor or the
state could decide to pursue civil penalties against the offending groups.
Higgins said that process could take several months, unless he orders an expedited
process. The fine could be up to triple the amount of illegal reporting, he
added.
Butcher said the groups have attempted to comply with every reporting requirement
and law, and provided hundreds of documents to Motl, as required by law. Motl
has a right to the documents because he formed his own political committee opposing
the initiatives.