Bill advances on selection process for top political cop

HELENA — The Senate on Thursday endorsed a bill changing how the state commissioner of political practices is chosen and adding certain qualifications.

House Bill 16 introduced by Sen. Dee Brown, R-Hungry Horse, won preliminary approval on a 29-19 vote. A final Senate vote is expected later this week.

The bill, recommended by an interim committee, would make some major changes in the selection of the political practices commissioner, plus add new qualifications.

The political practices commissioner enforces state campaign finance, ethics and certain election laws and oversees the reporting and disclosure of political spending.

Under present law, the Senate president and minority leader and House speaker and minority leader make up the selection committee, giving it an even split between two Republicans and two Democrats.

The panel must forward the names of three to five individuals for the governor to consider for the post, provided a majority of the committee agrees on each nomination. However, the governor isn’t required to choose anyone on that list and can nominate anyone for the post. The commissioner chosen must be confirmed by the Senate.

Here’s how the bill would change the process:

The governor would be required to nominate someone from the list of candidates recommended by the same four-member committee of legislative leaders. However, if the panel fails to submit names agreed to by at least a majority of the four-member committee, then the governor could appoint anyone. But the person selected would have to meet new qualifications and be confirmed by the Senate.

In either case, the bill provides that the commissioner chosen must meet certain requirements. For example, in the two years prior to being appointed, the commissioner could not have served as a fundraiser for a political candidate, served as an officer in a political party or political committee or participated in the management or conduct of a campaign by a candidate.

The bill adds certain other requirements for the commissioner including having “a confirmable track record of highly ethical professional behavior” and “a demonstrated ability to be firm, fair and unbiased in carrying out professional responsibilities.”

Brown said it’s been far too long since a political practices commissioner was confirmed.

If the four legislative leaders can work together on a good choice of candidates for the governor, “I think it’s a good selection for all of us,” she said. “If they can’t agree, the governor can choose someone else, but they have to meet the criteria.”

The Senate hasn’t confirmed anyone for the commissioner’s office since 2007, and four commissioners have held the job since then, Senate Majority Leader Matt Rosendale, R-Glendive, said.

“Clearly there’s a disconnect between this body, which has been charged with confirming the nominees, and second floor [the governor’s office],” Rosendale said.

The current political practices commissioner, Jonathan Motl, is up for confirmation this session.

Sen. Robyn Driscoll, D-Billings, said SB16 doesn’t take the politics out of choosing a commissioner. She said the state already has a process to select a commissioner, with the Senate having the final say in whether to confirm or not confirm that person.