Campaign complaint dismissed

The state Commissioner of Political Practices has dismissed a complaint by former Flathead County Commissioner Joe Brenneman against the property rights group American Dream Montana.

Brenneman had alleged the American Dream group led by Russ Crowder misrepresented him and broke state law by what it said in a full-page advertisement in The Daily Inter Lake on Sept. 28, 2010. The ad showed Brenneman’s photo and an oversized statement that asserted Brenneman had said property rights are “silly” during a legislative hearing in 2007.

Brenneman’s complaint cited a state law that says it “is unlawful for a person to misrepresent a candidate’s public voting record or any other matter that is relevant to the issues of the campaign with knowledge that the assertion is false or with a reckless disregard of whether or not the assertion is false.”

Commissioner of Political Practices David Gallik ruled that there was insufficient evidence to find that America Dream Montana violated any state laws.

He also said that based on his findings, American Dream was not a political action committee, nor was it an incidental committee as outlined in state law.

Crowder, who serves as president of American Dream Montana, said he expected the state to rule in his favor.

“There’s nothing surprising in the findings to us,” he said. “It’s more or less as we expected. We try to be pretty careful on these things.”

Brenneman, who lost his re-election bid last fall, said he hadn’t yet seen a copy of the ruling but expressed his disappointment.

“It’s too bad people can get away with saying all kinds of lies,” he said. “You can listen to the transcript” of the Senate Local Government Committee hearing to know that what Crowder said wasn’t the truth.

“This is a matter of personal integrity, and if you’re not bound by the truth, they’re not playing with the same rules as I do.”

In the state’s findings, Gallik said that although the Daily Inter Lake ad “may have left some with the impression that County Commissioner Brenneman did not support property rights, a violation of the statute must be based on false statements, rather than on statements that merely suggest or imply matters.”

Brenneman also had alleged that American Dream Montana is a political action committee and hasn’t registered as such with the state.

While Gallik didn’t find sufficient evidence that American Dream is a political action committee, he said that based on the contents of the Inter Lake ad, the group “could potentially meet the definition of an incidental committee” under state law.

An incidental committee is a political committee that is not specifically organized or maintained for the primary purpose of influencing elections, but that may incidentally become a political committee by making a contribution or expenditure to support or oppose a candidate.

Crowder placed the ad with the Inter Lake, but the day before it was published he instructed the newspaper not to publish it.

“The Daily Inter Lake admitted it made a mistake when it published the ad after Mr. Crowder withdrew it,” Gallik wrote, noting that when Crowder withdrew the ad, the cost should have been refunded. “Initially, the Daily Inter Lake did not realize it failed to refund the money to American Dream Montana. After this agency’s investigator contact the Daily Inter Lake, the cost of the advertisement was refunded.

“As American Dream Montana withdrew the advertisement prior to its intended publication date, and has had its money for the cost of the advertisement refunded, it did not ‘make a contribution or expenditure to support or oppose a candidate and/or issue.’”

Brenneman said he doesn’t plan to further pursue his allegations.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com,