Complaint alleges billboards from Secretary of State violate ethics code

Keila Szpaller

(Daily Montanan) A complaint filed with the Commissioner of Political Practices over billboards alleges Secretary of State Christi Jacobsen is in violation of a law limiting the use of state funds for advertisements by candidates for public office.

However, in an email Tuesday, a spokesperson for the Secretary of State’s Office said the ads are part of the agency’s voter outreach and already have been effective.

Jacobsen is running in the Republican primary for the U.S. House in Montana’s western district.

The complaint alleges billboards that advertise a new photo identification law “with (Jacobsen’s) face portrayed prominently” violate a prohibition on candidates using state funds for public service announcements except in an emergency.

Language on at least one billboard says “New Rule, Same Right. Photo ID Now Required At The Polls.” It has a checkmark with the words “Vote Ready” designed to illustrate “ID.”

Secretary of State spokesperson Richie Melby said the ads are helpful to voters, and, “like any efficient agency,” the office had been planning the outreach since the end of the last election cycle, “particularly in light of new laws passed by the Legislature.”

He said the planning included the billboards, in the works “well before even the first candidate filed for office,” although he also said he doesn’t believe the law the complainant cites applies to billboards.

Jacobsen, in her second term as Secretary of State, announced her candidacy soon after U.S. Rep. Ryan Zinke, the presumed Republican incumbent, bowed out of another possible term earlier this month.

Earlier this year, the Commissioner of Political Practices dismissed at least one similar complaint about a postcard featuring Jacobsen and President Donald Trump because he found the postcard did not have a political purpose.

In that case, Commissioner of Political Practices Chris Gallus said elected officials routinely communicate with citizens. The postcard touted a new partnership with the Trump administration to “strengthen election security.”

Gallus said Montana law prohibits the use of public resources for political purposes, but just because communication is partisan doesn’t mean it constitutes an ethics violation.

He also said the postcard did not have language calling for explicit support or opposition of any candidate or issue.

Tuesday, Gallus said he expects he will issue a letter to the complainant about the billboards in the next couple of days.

After an initial assessment, Gallus said he generally either dismisses a complaint if the question isn’t a matter under his jurisdiction or it isn’t a violation, or he requests additional information from the complainant or respondent.

The complaint about the billboard was filed last Wednesday by Tiffany Davis of Townsend, who could not be reached for comment Tuesday.

However, in the complaint, Davis said Jacobsen is using state money to improperly promote herself in violation of the law and contrary to her role of ensuring fair elections in Montana.

“Secretary Jacobsen has used her position time and time again to showcase herself, using the functions of her office to meet that end,” Davis wrote in the complaint. “It would be outrageous if the taxpayers simply had to foot the bill for her cult of personality, but now she is running for Congress.”

In the complaint, Davis asks the Commissioner of Political Practices to levy a civil penalty and order the removal of the signs.

Gallus agreed that in the process of evaluating the allegations, timing of any signage purchase in relation to political candidacy could be a consideration, although he said he has not yet made any decision in the case.

If the billboards are deemed a violation, Gallus said his office could order a fine of no less than $50 and no more than $1,000 per violation, although any penalties would come in the future, potentially after a hearing, should the case proceed.

Tuesday, Melby did not provide a contract for the billboards or identify their cost or source of funds, but he said the Secretary of State went through proper procurement procedures.

He also said the office has not received an official copy of the complaint.

Additionally, Melby said the law in question applies to newspaper, radio and television ads, “not billboards.” The complainant cited Montana Code Annotated 2-2-121(3)(a).

“It’s almost like they know that if they indeed file a complaint, it will be immediately dismissed, but they may as well try to drum up a headline in the process,” Melby said.

Jacobsen has been under fire recently with both Republican and Democratic legislators, who have expressed frustration at the lack of communication from her office.

The topics include matters of significant public interest, such as spending on the postcard and her response to a request for unredacted voter rolls from the U.S. Department of Justice.

Jacobsen’s office did not answer a question earlier this week asking how the postcard fits into the federal Help America Vote Act funds that were set to be used to pay the $197,000 cost.

The Legislative Audit Division has taken up the matter at the request of Legislative Audit Committee Chairperson Jerry Schillinger, R-Circle.

In a video released earlier on social media, Jacobsen said her office has protected the privacy of Montanans in providing voter information to the federal government.

However, she has not offered details or answered specific questions about it, citing lawsuits the Department of Justice has filed for voter records in nearly 30 states. Montana is not one of the states that is engaged in a lawsuit with the U.S. Department of Justice.

As for the billboards, Davis said Jacobsen’s use of taxpayer funds to promote herself is “deplorable” because it “gets at the heart of what this code is trying to protect against,” the unethical conduct of public officers.

“Government officials are entrusted by the voters to execute the duties of their office to the (best) of their abilities,” Davis wrote. “No voter signed up to bankroll the future political ambitions of anyone serving in elected office.

“Yet this is exactly how Secretary Jacobsen has used her office.”