Category Archives: 2014 Elections

Montana is at the Forefront of National Fight Against Election Corruption

A Montana case is the next battle in the fight to keep elections from being for sale to the highest bidder by keeping campaign finance limits in place.

Now, a group of leading national legal non-profit advocacy groups including Free Speech for People, former Montana Supreme Court Justice James Nelson, the American Independent Business Alliance, the American Sustainable Business Council.the Campaign Legal Center, Common Cause, Justice at Stake and the League of Women Voters are joining Montanans in the fight to keep Montana’s campaign finance limits in place.

The groups joined the defense of Montana’s campaign finance limits with an amicus brief and and amici brief in Lair v. Motl. They are urging the U.S. Court of Appeals for the Ninth Circuit to overturn a District Court ruling that struck down Montana’s political campaign contribution limits. Earlier, a District Court disregarded both Ninth Circuit and Supreme Court precedent to overturn Montana’s limits on contributions to state candidates, including judges, from individuals and political parties.

In Lair v. Motl, American Traditions Partnership board member Doug Lair wants campaign finance limits abolished. Several prominent Republican office holders and candidates in Montana caught up in the infamous Meth House Scandal, in which documents belonging to the infamous American Tradition Partnership (ATP), were found in a Colorado meth house. The documents incriminated TEA Party Senate leader Art Wittich, Mike Miller, Derek Skees, Pat Wagman, Jerry O’Neil, Bob Wagner, Dan Kennedy, Scott Mendenhall, Wendy Warburton, Ed Butcher, and Tom Burnett to name a few. Wager, Burnett, Miller, O’Neil and Wittich are currently running for office.

Here’s how Ron Fein, Legal Director of Free Speech For People, explains it: “Campaign contribution limits are justified by an interest in ensuring political equality for all, regardless of access to wealth. When political equality is jeopardized, democracy itself is at risk.”

Justice James Nelson, a former Justice of the Montana Supreme Court, and on of the court’s most respected justices, said, “Candidates for political office and elections should not be for sale to the biggest spenders. The Supreme Court has decreed that money equals speech; and contribution limits help to level a playing field tipped in favor of the big spenders by Citizens United.” I could not agree more.

The District Court overturned the Montana’s candidate contribution limits applicable to individuals and PACs, even though the limits have already been upheld by the Ninth Circuit.

In addition to the limits on candidate contributions from individuals and PACs, the lower court struck down Montana’s limits as they apply to contributions from political party committees. Montana does not limit the amount that any individual or PAC may give to political parties, but instead restricts the “aggregate” amount a candidate can receive from his or her political party.

Surprisingly, the issue hasn’t been covered by Montana news outlets, even though its the next step in a nationwide battle to protect America’s and Montana’s elections from corruption.

After all, this case comes on the heels of the Supreme Court’s recent decision in McCutcheon v. FEC, which struck down longstanding limits on the total amount of money wealthy individuals could contribute to federal candidates in an election cycle. As with the Citizens United ruling which now allows unlimited corporate dollars into our elections, the high court’s McCutcheon decision is unleashing further money into the political process from wealthy interests.

We’ll see if it gets more attention by Montana reporters after the op-ed by Justice Jim Nelson and Ron Fein appeared in yesterday’s Billings Gazette.

The Montana GOP Hypocrite of the Week Award Goes to

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…Rep. Greg Hertz R-Polson. Hertz used public meetings to spread misinformation and TEA Party conspiracy theories, while crowing on his Facbook page that information is only valid if it is “straight from the horse’s mouth.’

For posting on his Facebook page the motto “Unless you hear it from the horses’ [sic] mouth, don’t listen to a Jackass.” then ignoring his own advice and spreading misinformation at a public meeting, Hertz is this week’s hypocritical hero.

Hertz made some embarrassing unsourced claims at a Polson public meeting recently. As the Valley Journal reported:

Citing the EPA trying to say farm dust was a hazard and irrigation ditches are navigable water ways, Hertz said cities need to stand up and push back on EPA since it’s very difficult to meet their standards.

In fact both of Hertz’s assertions have been debunked years ago. Hertz is practicing a rhetorical sleight of hand which avoids explicitly stating the agency actually has any such intention of doing what Hertz implies. In fact, the EPA has no effort nor any effort planned to regulate farm dust. That’s a conspiracy theory Herman Cain used in a presidential debate in 2011, after which the conspiracy theory was immediately debunked.

Nor is there any attempt to declare ditches navigable waterways. Hertz and other conspiracy theorists make this claim based on the TEA Party myth that the Clean Water Act only applies to navigable waterways. It doesn’t, and therefore declaring ditches such does not make them subject to regulation and therefore has no point whatsoever.

Come to think of it, if we’re to take Hertz’s advice, I guess there isn’t much point in listening to him.

What You Will Not Read in the Lee Newspapers Story about the House Race Fundraising Numbers

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If you read the Lee Newspapers story on who has raised how much in the race for Montana’s only congressional seat, you’ll find that Zinke, who had a hotly contested primary, raised $1.6 million for his entire campaign and has $97,000 in the bank. But the Missoulian just reported that Zinke also has $83,000 in campaign debts, which leaves him with about $14,000 to spend. To be sure, this includes $68k that he loaned his own campaign, which he isn’t obligated to pay back, but that’s a lot of money to just give up when his path to victory is anything but clear.

You’ll also read that John Lewis has raised $1.03 million for his entire campaign and that he has about $623,000 remaining in his campaign account.

While there always seem to be a few people talking around the water cooler who think it is important to simply look who has raised the most money, don’t buy it. The more important number to pay attention to is the cash on hand amount–because this shows a candidate’s ability to move voters over to her or his camp.

But what you won’t find in the Lee story is the anything about one of Zinke’s major fundraising apparatuses – the SOFA super-PAC he founded and which from his campaign has benefitted heavily.

For some reason, the Lee Newspapers chose not to report anything from the super-PAC’s FEC report, which showed the Special Operations for ~~Ryan Zinke~~ America PAC had:

Beginning Cash On Hand $261,304

Ending Cash On Hand$103,535

Net Contributions $461,107

Net Operating Expenditures $496,377

Like Zinke, the SOFA-PAC spent more than it took in and has only about $100,000 left. Because this PAC has been such a key part of the race so far, it’s unfortunate that no mention of it was made in the Lee story.

Backpedaling Underscores Land Transfer Problems

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That didn’t take long.

Republican Party leaders are already trying to distance themselves from a costly land transfer boondoggle which was supported unanimously at the recent GOP platform convention. This after word is starting to get around about how the land transfer would increase our taxes by hundreds of millions, and inflict a major blow to Montana’s tourism economy especially in communities surrounding Yellowstone and Glacier National Parks like Kalispell, Bozeman, West Yellowstone and others.

Montana Republican Party Vice Chair Jennifer Fielder tried to tell a legislative panel Thursday that a report out-of-state land grab advocates are pushing “does not recommend transferring federal lands to state ownership or management” and that “None of the recommended legislation would transfer [land] either.”

Of course, the facts have already shown otherwise. Just last month Republicans unanimously supported including the land transfer in their party platform – without an exception even for national parks. And then there’s the fact that not just two of boondoggle’s biggest cheerleaders, Vice-Chair Jennifer Fielder herself (fast forward to about 45 min in) and Rep. Kerry White (TEA-Gallatin County) have been caught on video supporting the lands transfer. And video evidence now exists of nearly every Flathead area conservative candidate supporting the transfer: Oops.

Fielder’s swift and very public backpedaling underscores the political difficulties facing this idea.

A recent University of Montana poll found that 2/3 of Montanans oppose the idea, which has already become a defining issue in Wyoming’s top 2014 races (and not in a way that helps TEA Party republicans.) Utah’s own legislative legal council said the idea is likely unconstitutional (Utah passed a bill to do this which is already facing legal problems.) The idea faces heavy political opposition a well. As Rep. Bill McChesney (D-Eastern Montana) pointed out during the legislative panel, “This state not for sale.”

This is the second time Republican leadership has had to try to distance themselves from the ideas surrounding this land transfer. At an event promoting the land transfer earlier this year the Missoula Independent reported that a speaker from Defend Rural America called the environmental movement “domestic terrorists.”

Despicable

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It’s difficult to believe that the needless maiming and suffering inflicted on animals through the practice of trapping is still legal.

The American Veterinary Medical Association, the American Animal Hospital Association, the National Animal Control Association, and the World Veterinary Organization all have declared leghold traps to be inhumane. Animals, including pets, that get caught in leg hold taps can suffer for days. They have also been known to chew their legs off to try to get free from the trap after suffering, alive, in the trap for days.

But the Montana Trappers Association and their sidekick, the Orwellianly-named “Montanans for Effective Wildlife Management,” aren’t just promoting the cruel and completely unnecessary practice of trapping animals–they also appear to be using some pretty despicable tactics to keep trapping legal.

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