Big Sky Times

A lobbying complaint filed against the John Birch Society (JBS) in the state of Montana accusing the organization of engaging in lobbying activity without properly registering has been dismissed by the state’s Commissioner of Political Practices.

In rendering his decision, Commissioner Jeffrey A. Mangan stipulated “JBS would not qualify as a principal and would not be required to register with the COPP or file financial reports disclosing lobbying payments.”

In Montana, a principal is defined as “a person who employs a lobbyist or a person required to report pursuant to Montana Code.”

"Montana has lobbying laws that must be followed. I appreciate Commissioner (Jeff) Mangan's investigation into this matter. While I disagree with the scope and depth of the investigation, the John Birch Society has been clear in their response in disavowing their so-called experts," COSA Regional Director, Dave Schneider said in a statement. "The JBS deception certainly does not go unnoticed, and was on full display when their out-of-state employees sat opposite of hundreds of Montana citizens giving committee testimony in favor of Montana joining the Convention of States earlier this year."

The suit was filed by the Convention of States Action (COSA), alleging that three JBS members “engaged in lobbying activities in Helena,” including on SJ2, or, short title, “Resolution for Article V of U.S. Constitution Convention of States.”

The complaint specifically named JBS staffers Robert Brown, Caleb Collier and Leah Southwell, with COSA members alleging over the last year all three testified before legislatures against the group without being registered as lobbyists.

"I find it odd that the John Birch Society disavowed alleged illegal lobbying by individuals who are listed on the John Birch Society website as their representatives, at least one of whom stated on the record that they represented the JBS during their testimony before a legislative committee," said Mark Meckler, president of Convention of States Action. "That simply doesn’t pass the smell test."

Throughout the entire proceedings, JBS CEO William Hahn maintained that none of the trio was authorized to lobby on behalf of JBS and in doing so acted “solely in their individual capacities” and were not compensated by the company along those lines.

“Coordinators are simply not permitted to represent the Society in the legislative sphere,” he added. “In point of fact, if a coordinator appeared in front of a legislative body purporting to act on behalf of JBS, that would be cause for dismissal from employment.”

The ruling further establishes “evidence in this matter does not support the complainant’s contention that JBS compensated individuals or employed lobbyists to testify in opposition to SJ2, nor that JBS met or exceeded $2,650 in payments made to lobby in the state of Montana in the calendar year 2021. 

In March 2021, Dave Schneider, a regional director with Convention of States Action, submitted the ethics complaint to the Montana Commissioner on Political Practices alleging that members of the John Birch Society engaged in lobbying activity "without registering as a principal or filing finance reports as required."