COPP: Carlino committed campaign violations on cash, reporting
Martin Kidston
(Missoula Current) The Montana Commissioner of Political Practices on Monday determined that a member of the Missoula City Council violated a number of campaign laws in his bid for reelection.
Jennifer Savage in September filed a campaign finance and practices complaint against Ward 3 councilman Daniel Carlino, alleging that he failed to disclose relevant campaign contributions and expenditures, and failed to disclose who “paid for” his campaign text messages.
Commissioner of Political Practices, Chris Gallus, determined that Carlino committed at least five violations under state law.
“Having determined that prosecution is justified, this matter will now be referred to the Missoula County Attorney,” Gallus wrote in his decision. “The County Attorney's office is free to conduct their own investigation.”
Among other things, Gallus determined that Carlino failed to properly attribute several campaign texts, failed to designate campaign contributions and expenditures, and failed to disclose an expenditure greater than $450.
Gallus also determined that Carlino's campaign reports contained "important errors," and that he failed to properly report an obligation valued at more than $3,845 - a sum considered large for a municipal race.
“Sufficient evidence also exists to show Mr. Carlino violated (state law) by accepting an in-kind contribution from a corporate donor,” Gallus wrote, adding that this violation would be dismissed if Carlino returned the value of the contribution to MapleBridge, based in Delaware, by Nov. 3.
Carlino took issue with the commissioner's findings, suggesting they had been dismissed.
“All of the complaints against my campaign were dismissed, except for failing to report my expenditures on time,” Carlino told the Current on Monday. “I will ensure to report everything in a timely manner moving forward.”
Carlino in turn accused Savage of campaign violations.
“I filed two campaign complaints to the Commissioner of Political Practices against Savage’s campaign as well,” he said. “There have been illegal use of campaign funds from Andrea Davis’ campaign funds in support of Savage’s campaign, exceeding the contribution limits.”
The COPP has made no determination regarding Carlino's complaint against Savage, who is challenging Carlino for his seat representing Ward 3 on the City Council.
Savage said Carlino's accusation had no merit.
"Our campaign received the complaint. We believe it has absolutely no merit and seems like a last gasp campaign tactic by the Carlino campaign given today's decision by the Commissioner, but we will do our due diligence and will respond as required," Savage told the Missoula Current.
In September after the campaign violation allegations first surfaced, Carlino told local media that he was working with a consultant on distributing campaign texts. But he added that the messages had been sent to voters without his review and "contained false information about political action committees.”
An article by the Missoulian also quoted Carlino as saying that he had “contacted the Montana Commissioner of Political Practices about the incident,” but Gallus said that wasn't true.
“COPP has no record of any formal conversation or request of this complaint,” Gallus stated.
Gallus said civil action is justified given Carlino's violations.
“When the commissioner finds sufficient evidence to justify a prosecution, the commissioner notifies the affected county attorney and transfers all relevant information, allowing the county attorney the opportunity to prosecute the offending party,” Gallus said.
Savage said the commissioner's determination was clear.
"The commissioner's decision is clear and he has found that Mr. Carlino is in violation of several Montana campaign finance laws," Savage said. "At the end of the day, I believe in telling the truth, and I believe in free and fair elections. I'm grateful the commissioner took my campaign's complaint seriously and investigated it thoroughly."