State election office dismisses complaint

Montana Commissioner of Political Practices Jonathan Motl has dismissed a complaint filed against a group of Republicans, including Sen. Bruce Tutvedt and former Kalispell mayor Tammi Fisher.

Portions of Bozeman resident David Ponte’s complaint, filed April 4 and directed at Tutvedt, Fisher and others, were dismissed April 15.

Tutvedt, a farmer who represents Senate District 3 and is not up for election this year, said Ponte is an ally of Sen. Art Wittich, R-Bozeman. Tutvedt and Wittich represent opposite sides of a rift between state Republicans, with Tutvedt and others calling themselves “common sense” Republicans, and Wittich and others being considered part of a conservative bloc in the Montana Senate.

Ponte’s complaint focused on interactions between candidates and a political action committee called Montana Business Advocates for Sensible Elections (MT BASE). Ponte’s main allegation against Tutvedt and Sen. Taylor Brown, R-Huntley, is that they illegally coordinated with MT BASE.

Commissioner Motl found that claim to be “frivolous.”

Ponte’s complaint also alleged improper coordination with corporations occurred that amounted to in-kind contributions to campaigns.

“The Commissioner acknowledges Ponte’s allegations, but determines that the allegations are empty and without any accompanying demonstration of just how the candidate and corporation supposedly worked together,” Motl’s decision states.

The complaint also alleged that Tutvedt, Fisher, Rob Cook and Sen. Llewelyn Jones, R-Conrad, coordinated an opposition campaign against Tutvedt’s opponent in the 2012 primary election, Rollan Roberts of Whitefish. Ponte alleged that the four formed a political action committee that should have been required to register and report as a PAC.

That portion of the complaint also was dismissed.

“In particular, the Commissioner noted that unfounded complaints assess unfair social costs on candidates and committees. Here, substantial portions of the complaint are frivolous and can be (and are) dismissed at a facial review, thereby limiting the social cost to the respondents,” Motl wrote. “In particular, all candidate campaigns named in the complaint no longer have allegations remaining against them.”

Motl later said some issues raised in the complaint are still being investigated.