El(e{dt!tT COMMISSIONER OF POLITICAL PRACTICES

OF MONTANA IONATHANR.MOTL 1205 EIGHTH AVENUE COMMISSIONER PO BOX 20240a TELEPHONE (406' 444-2942 HELENA, MONTANA 5952O-2407 -STATEFAX (405) 444-7543 www.politicalpractices.mt.gov

January 3L,2OI7

Honorable Forrest Mandeville Chairperson House State Administration Wendy McKamey - Vice Chair Bryce Bennett- Vice Chair

Members. House State Administration Jacob Bachmeier John Fleming Re: Senate Bill 3 Hearing Date: January 3L,2OLT Edward Greef Sponsor: Senator Kary Austin Knudsen Jean Price Walt Sales Kathy Swanson Pegry Webb Susan Webber

Dear Chairperson Mandeville and members of the Committee:

I speak in regard to Senate Bill 3. The COPP does not support or oppose SB 3. The COPP offers the following information in regard to SB 3.

On August L 1, 2015 the COPP issued its Decision in Wemple u. Connell2OL4-CFP-041. The Decision examined Montana law and determined that a filing fee paid by a Montana candidate for public office must be paid by personal funds as Montana law excludes payment of the filing fee as a campaign contiibution or expenditure. At page 7 the Decision states as follows:

While candidate culture (and the COPP's acceptance of that culture) has heretofore regarded a candidate filing fee as a proper campaign expense,

,AN EQUAL OPPORTUNITY EMPLOYER" application of 513-1-101(1lxbxii) MCA as a measure of personal use requires the opposite determination. Accordingly the Commissioner determines that as a matter of law a contribution does not include "filing fees paid by the candidate." S13-1-10l(TXbXiv) MCA. An expenditure does not mean "...pa5rments by a candidate for a filing fee..." S13-1-101(11Xbfiii) MCA' Stated another waY, the has determined that the cost of filing for office has to be and is personal to the individual who, by filing, becomes a candidate. For the purposes of 2016 elections and thereafter the Commissioner determines that a candidate may not use campaign funds to pay the candidate's filing fee and any existing Decision or policy of the COPP to the contrary is hereby changed in conformance with this determination.

SB 3 amends the statutory language that led to the above determination such that, if passed into law, SB 3 would treat payment of a candidate filing fee as a contribution or expenditure to the candidate's campaign. ffre-COpP would, of course, administer Montana's campaign practice system consistent with any such change. +\'*qSinc.erely, Jonathan R Motl Commissioner of Political Practices