Fine assessed to Sanders County PAC
SANDERS COUNTY – The Sanders County Political Action Committee is responsible for paying a $1,220 fine to the State of Montana for campaign violations.
According to documents from the Commissioner of Political Practices of the State of Montana, Sanders County PAC was a political action committee throughout the 2012 elections.
The fines were in response to numerous reporting and campaign flyer violations.
Two court cases brought the Sanders County PAC actions to the forefront. Legard v. Sanders County PAC was filed on June 11, 2012 and French v. Sanders County PAC was filed on July 16, 2012.
A decision from the Office of the Commissioner of Political Practices was finalized in November 2013 and confirmed some of the violations. A settlement agreement was reached in early February 2014.
The finding documents state Sanders County PAC made expenditures and accepted contributions in the 2012 Montana primary election. The organization admits to making election expenditures in a July 11, 2012 response to the original complaint.
According to the pre-election report, the Sanders County pre-primary campaign finance report was due no later than May 24, 2012 - 12 days pre-election.
Sanders County PAC filed their report 17 days late on June 11, 2012
In the 24 hour pre-election report, Commissioner of Political Practices, Jonathan R. Motl, stated Sanders County PAC had a May 24 expense of $2,184.80 that was reported 16 days late.
In the coordination and independent expenditure issue listed in the summary of facts, “the complaints allege that certain Sanders County PAC expenditures were coordinated with candidates such that these expenditures became contributions to the candidates.”
Since the group is not a corporation, the report stated they were legally able to make contributions or expenses in a candidate race. Those funds contributed must be disclosed and reported by the candidate. The funds are also subject to contribution limits.
A flyer with a cost of $2,184.80 was listed as an election expense and in PAC’S July 11, 2012 response the committee states it should have been reported as both a coordinated and independent expenditure.
“The expenditure by the PAC on behalf of the candidates who helped coordinate the flyer should have been reported as coordinated expenditures and the expenditures to the unknowing candidates should have been reported as independent expenditures,” stated the documents.
According to Motl, $273.12 was a coordinated expense, while $1911.60 was an independent expenditure.
The response was accepted and accordingly, Motl found PAC 46 days late in disclosing/reporting the coordinated or independent expenditures.
Complaints stated that Carol Brooker, Candace Fisher, Pat Ingraham and Geni Holden were “four candidates who knew of the expenditure and further provided invoices identifying the proportional amount of $68.28 as an ‘in-kind donation’ to each candidate.”
Motl found that candidate Holden had no obligation to report the contribution and found that both Fisher and Ingraham had timely reported the in-kind contribution on their campaign finance reports filed on May 21, 2012. However, Brooker did not report nor disclose the $68.28.
According to the documents, “the Commissioner finds that candidate Brooker failed to report/disclose a contribution as required by 13-37-226, 229 MCA.”
More problems arose at an event that took place on April 14, 2012. The documents state that Sanders County PAC hosted a meet-the-candidates event on that day, however, the cost of the event was not reported. The rental costs for the event was $75 and was paid by member Mike Hashisaki.
The report goes on to state “the Commissioner finds that this $75 was a donation to, and expense of, Sanders County PAC that should have been (but was not) reported by Sanders County PAC in its June 11 report.”
It continues on to find the delays as a violation.
“The failure to report an election transaction, the 17 day delay in reporting and disclosing the pre-primary election contributions/expenses, the 16 day delay in 24-hour reporting requirement for the flyer expense and the 46 day delay in disclosing coordinated and independent expenditures are all election violations and sufficient evidence exists as to teach of these violations. The dates set out for disclosure are mandatory,” states the report.
The Political Practices of the State of Montana declined to prosecute on the late filing by a period of 11 days and by a period of 17 days.
“These determinations were, in part, based on an excusable neglect theory stemming from the Commissioner’s determination of genuine confusion among multiple parties over who was to file what and when.”
However since there was a finding of late reporting, civil adjudication and/or a civil fine is justified.
In order to avoid further litigation, Sanders County PAC entered into an agreement and paid a civil fine in the amount of $1,220.