Billboard complaint dismissed against Secretary of State
(Provided photo)
A complaint alleging billboards featuring the Secretary of State’s picture violate state ethics code has been dismissed by the Commissioner of Political Practices.
But Commissioner of Political Practices Chris Gallus said he anticipates it won’t be the last time his office hears about similar mailings and ads from the Secretary of State’s Office, and he’ll give all complaints a fair hearing.
Last week, Tiffany Davis, a private citizen from Townsend, asked the Commissioner of Political Practices to levy penalties against Secretary of State Christi Jacobsen and order her to remove the billboards, which feature her face and a message, “Photo ID Now Required At The Polls.”
The complaint alleged Jacobsen was in violation of a law that prohibits candidates from using state funds for advertisements except in an emergency.
Jacobsen is running for the U.S. House in Montana’s western district.
The Secretary of State’s Office told the Daily Montanan the billboards were part of an effective voter outreach program that had been in the works for months — well before Jacobsen announced her candidacy in early March.
In a dismissal letter, Commissioner of Political Practices Chris Gallus said he found the complaint didn’t provide “any sort of ‘clear and concise statement of the fact(s)” to support a violation, including any dates.
As such, Gallus said he was dismissing it, or returning it to the sender for failing to meet minimum requirements for ethics complaints.
However, a letter explaining his rationale said he would review a new complaint should additional facts come to light that supported the allegations.
Thursday, Gallus said he anticipates his office may receive additional allegations about the billboard and an earlier postcard sent from the Secretary of State’s Office.
Gallus already had dismissed allegations the postcard was an illegal use of funds, finding the complaint didn’t cite a violation over which he has jurisdiction.
The postcard featured a picture of Jacobsen and President Donald Trump and announced a new partnership with the Trump administration to “strengthen election security.”
In his decision dismissing complaints about both the billboard and postcard, Gallus said that just because materials appear political doesn’t mean they constitute ethics violations.
He also said public officials have a duty to communicate with constituents.
The letter about the billboard acknowledges Jacobsen is a candidate for office, but it also said no evidence was provided that she was a candidate at the time the billboard announcements were made.
“Furthermore, while COPP has jurisdiction over many activities engaged in by candidates for State office, jurisdiction over candidates for Federal office is the exclusive purview of the Federal Election Commission,” the letter said.
In a phone call, Gallus said he makes decisions on ethics cases based on the facts presented in a complaint, and he’s precluded by statute from launching his own investigations.
Gallus also said his office doesn’t always have the authority people want him to have — for example, to order signage removed — when his power is limited to levying penalties.
He said he doesn’t have authority to collect additional evidence himself — such as relevant dates, in this case — besides information that’s needed for clarifications; rather, he must rely on facts provided in complaints.
Gallus also said ethics violations are difficult because the public may perceive a breach, but Constitutional enforcement takes “a lot of precision.”
“That causes some friction, and that’s understandable too,” Gallus said.
He said that’s one reason he writes letters aiming to fully explain his rationale and alert complainants to past decisions on which he relies.
However, Gallus said he encourages people to point out facts he might have missed.
“I don’t want people to feel cut off. I want them to know that the door is open,” Gallus said.
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