HELENA, Mont. — Montana’s election enforcement official said he found no evidence that the state’s attorney general violated campaign finance rules by 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 had encouraged Olson to run against him. Knudsen has said he recruited Olson “because our campaign laws are ridiculous.” Olson told the Daniels County Leader that he supported Knudsen’s candidacy and ran so Knudsen could raise more money.
The legal limit for campaign contributions for Montana’s attorney general election is $790, but candidates can receive double that amount from individuals if they have a primary opponent.
Over the past three decades, both Democratic and Republican candidates have faced token opponents in the primaries, Political Practices Commissioner Chris Gallus found, but no complaints have been filed and the Legislature has taken no steps to change the law.
“The difference between the situation here and those who are exploiting the loophole now and in past campaigns is that the Attorney General has spoken rather brazenly and openly about doing what others have been quietly doing for years,” Gallus wrote in his decision Thursday.
Jake Eaton, senior campaign adviser to Knudsen, said in a statement Friday that the matter had been brought to its “rightful” conclusion.
“Political stunts like this have 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 intended to violate Montana’s election laws, which is consistent with the corrupt and unethical behavior Knudsen continues to engage in as attorney general.”
Knudsen faces 41 counts of professional misconduct over allegations that his office sought to undermine the Montana Supreme Court while pursuing a challenge to a state law on judicial appointments. The case is expected to go to trial in October.
Hogan’s complaint alleged that Knudsen was wrong to accept campaign donations for both the primary and general election 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 thing and returned excess donations when they didn’t end up with a contested primary.
Hogan’s complaint also alleged that Olson was not a good faith candidate, which under state law would mean he had no intention of seeking the office or that he was offered a bribe to run. Gallus said that would be a matter for the courts.
“There is simply no evidence in the complaint or in the record here that any payment or promise of valuable consideration was made by Attorney General Knudsen, or any deputy of his campaign, to Mr. Olson,” Gallus added. Olson also said he was sincerely seeking the office, the decision said.
Knudsen defeated Olson 82% to 18% in the June primary and will face Democratic candidate Ben Alke in the general election.
Gallus did find one problem with 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 primary’s $790 limit, Gallus said. Denowh donated the maximum of $1,580 to Knudsen’s campaign.
Gallus said he would normally turn the campaign finance case against Olson over to his local district attorney for prosecution, but since Olson is the Daniels County attorney, Gallus said he would negotiate a fine with Olson.
Olson did not immediately respond to a phone call seeking comment Friday.