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Montana attorney general did not violate campaign finance rules, election watchdog says
HELENA, Montana (AP) — Montana’s elections official says he has found no evidence that the state’s attorney general violated campaign finance rules inviting another Republican to run against him so he could raise more money for his re-election campaign.
Sheila Hogan, executive director of the Montana Democratic Party, filed complaints against Attorney General Austin Knudsen and his primary challenger, Logan Olson, after both men acknowledged that Knudsen asked Olson to run against him. Knudsen said he recruited Olson “because our campaign laws are ridiculous.” Olson told the Daniels County Leader that he supported Knudsen’s candidacy and was running so that Knudsen could raise more money.
The campaign contribution limit for the Montana attorney general race is $790 by law, but candidates can receive double that from individuals if they have a primary opponent.
Over the past three decades, both Democratic and Republican candidates have had token challengers in primaries, Political Practices Commissioner Chris Gallus found, but no complaints were filed and the Legislature took no action to change the law.
“The difference between the situation here, and those using the loophole now and in previous campaigns, is that the Attorney General has quite blatantly and publicly discussed doing what others have quietly done for years,” Gallus wrote in his ruling Thursday.
Jake Eaton, a senior campaign adviser to Knudsen, said in a statement Friday that the case had been brought to its “just” conclusion.
“Such political maneuvering has no place in Montana politics,” Eaton said.
Hogan said she disagreed with Gallus’ decision to dismiss the case. She said in a statement that Knudsen and Olson “clearly planned to violate Montana’s election laws, which is consistent with the corrupt and unethical behavior Knudsen continues to demonstrate as Attorney General.”
Knudsen is facing 41 counts of professional misconduct in allegations that his office tried to undermine the Montana Supreme Court while defending a challenge to a state law on judicial appointments. The case is scheduled to be heard in October.
Hogan’s complaint argued that Knudsen was wrong to accept campaign donations for the primary and general elections before he had a primary challenger. But Gallus said there is no law that says candidates can’t accept contributions before they have an opponent. He said other candidates have done the same and returned excess donations if they didn’t end up with a contested primary.
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Hogan’s complaint also argued that Olson was not a bona fide candidate, which under state law would mean he had no intention of running for office or had received bribes to run. Gallus said that would be a problem for the courts.
“There is simply no evidence in the complaint or the record here that shows that a payment or promise of valuable consideration was provided by Attorney General Knudsen, or a surrogate from his campaign, to Mr. Olson,” Gallus added. Olson also said he was genuinely seeking the office, the ruling stated.
Knudsen defeated Olson 82% to 18% in the June primary and will face Democratic candidate Ben Alke in the general election.
Gallus found a problem in Olson’s run.
A third party — Republican operative Chuck Denowh — paid Olson’s filing fee of just over $1,500. Olson reported the payment as a campaign debt rather than a contribution or loan, which would have been capped at the $790 limit for the primary, Gallus said. Denowh donated the maximum $1,580 to Knudsen’s campaign.
Gallus said he would normally turn the campaign finance case against Olson over to his local attorney for prosecution, but because Olson is the Daniels County attorney, Gallus said he will negotiate a fine with Olson.
Olson did not immediately respond to a phone message Friday seeking comment.