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Saturday, November 23, 2024

Commission on Political Practices accused of abuse of power: 'COPP has a history of making up rules'

Mark meckler

Mark Meckler | Gage Skidmore - Flickr

Mark Meckler | Gage Skidmore - Flickr

In a recent statement to the Big Sky Times, Convention of States Action President Mark Meckler strongly condemned the Montana Commission on Political Practices' (COPP) recent ruling on the Convention of States Political Fund, saying the commission "is abusing its authority to prevent constitutionally protected political speech in Montana.”

This comes as a report by Legal Newsline states Mangan found that the Convention of States Political Fund (COSPF), a Political Action Committee, had violated state laws regarding its political expenditures and required filings. Among comments, Meckler said the COPP is abusing its authority to prevent constitutionally protected political speech in Montana.

"Unfortunately, COPP has a history of making up rules to interfere with free speech in Montana," Meckler told the Big Sky Times. "This corrupt behavior is expected in DC but is out of line with Montana values. No one who values democracy should tolerate abuses by partisans who use their government positions to shut down lawful political activity.”

Mike Wittenwyler, a lawyer representing COSPF, told Legal Newsline the PAC followed every piece of guidance given to them by COPP, but "the goal posts kept moving on (them)". Wittenwyler wrote a letter to Commissioner Jeff Mangan that outlined his disagreements with COPP's findings. 

The facts, as outlined by Meckler, state that COSA advocates for an Article 5 Constitutional Convention to return power to the states and does not engage in political candidate campaign activities as a 501c4 social welfare organization. The Convention of States Political Fund is not affiliated with COSA, but rather is an independent PAC based in Michigan. 

According to the statement, the Fund requested and followed the advice provided by COPP before engaging in any activity in Montana.  

“To comply with Montana law, attorneys for the Fund have stated they were advised by COPP to simply file a copy of their Michigan report, which they did,” Meckler said. “This advice matches the requirements in the Montana statutes and COPP’s own rules. COPP is now demanding that the Fund report as a Montana political action committee (PAC), despite the fact that it is a Michigan PAC and is not required under Montana laws to convert itself to a Montana PAC.”

Among additional comments, he said COPP went so far as to file a criminal complaint against the fund with the Lewis and Clark County District Attorney for not registering as a Montana PAC, though the DA rejected the complaint after just one business day. Since then, COPP has not provided any evidence of statutory or administrative authority to justify its new demands, despite repeated requests for information.

"Every organization should follow the example of the Convention of States Political Fund to refuse to be intimidated or bullied by COPP,” Meckler said.

According to its website, the Convention of States Political Fund is "Supporting efforts to call a Convention of States; a national effort to call a convention under Article V of the United States Constitution restricted to proposing amendments that will impose fiscal restraints on the federal government, limit its power and jurisdiction, and impose term limits on its officials and members of Congress."

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