Montana Commissioner of Political Practices - Nominees

Selection Committee Meeting (February 2, 2012. 10:00 a.m. -- Listen) results: The four nominees are Johnny Walker, Susan Witte, Jim Murry, and Colleen Urquhart-Fillner. The four names were approved unanimously.

The commissioner of political practices is responsible for investigating alleged violations of the election laws and, with the county attorneys, for enforcing election and campaign practice and finance laws. Qualifications for the job include being a citizen of the United States and a resident of Montana and, on the date of appointment, a registered voter in Montana.  The appointment is for the completion of a 6-year term, ending December 30, 2016. The job pays $57,689 annually.

Candidates:

Statutes Pertaining to Commissioner of Political Practices

13-37-101.  Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:
        (1)  "Commissioner" means the commissioner of political practices created by 13-37-102.
        (2)  "Public office" has the meaning provided in 13-1-101.
        (3)  "Recusal" means disqualification from a matter by reason of prejudice or conflict of interest.
        (4)  "Relative" means a family member who is within the second degree of consanguinity or affinity to the commissioner.

13-37-102.  Creation of office -- removal. (1) There is a commissioner of political practices who is appointed by the governor, subject to confirmation by a majority of the senate. A four-member selection committee composed of the speaker of the house, the president of the senate, and the minority leaders of both houses of the legislature shall submit to the governor a list of not less than two or more than five names of individuals for the governor's consideration. A majority of the members of the selection committee shall agree upon each nomination.
        (2)  The individual selected to serve as commissioner may be removed by the governor prior to the expiration of the term only for incompetence, malfeasance, or neglect of duty. The governor's decision to remove the commissioner must be stated in writing, and the sufficiency of the governor's stated causes for removing the commissioner is subject to judicial review.

13-37-103.  Term of office. Subject to the provisions of 13-37-104, the individual selected to serve as commissioner is appointed for a 6-year term and may not be reappointed to serve as commissioner.

13-37-104.  Vacancy. (1) If for any reason a vacancy occurs in the position of commissioner, a successor must be appointed within 30 days as provided in 13-37-102(1) to serve out the unexpired term. Each nomination must be confirmed by the senate, but a nomination made while the senate is not in session is effective as an appointment until the end of the next session.
       (2)  An individual who is selected to serve out the unexpired term of a preceding commissioner and who has served 3 years or more of an unexpired term is not eligible for reappointment.
       (3)  An individual who is selected to serve out the unexpired term of a preceding commissioner and who has served less than 3 years may be reappointed for a 6-year term as provided in 13-37-102(1).

13-37-105.  Impeachment and prosecution of commissioner. The commissioner may be removed from office by impeachment as provided in Title 5, chapter 5, part 4. The commissioner may also be prosecuted by the appropriate county attorney for official misconduct as specified in 45-7-401.

13-37-106.  Salary. (1) The commissioner of political practices is entitled to receive a salary within the pay band, as defined in 2-18-101, determined by the department of administration as provided in subsection (4).
       (2)  The commissioner is also entitled to longevity, expense reimbursement, leave, insurance, and other benefits provided to classified state employees under Title 2, chapter 18.
       (3)  The salary of the commissioner may not be reduced during the term for which the commissioner is appointed.
       (4)  The department of administration shall determine the appropriate occupation and pay band for the commissioner of political practices in the same manner that it determines the occupation and pay band for employees in state government pursuant to Title 2, chapter 18.
       (5)  The governor shall set the salary of the commissioner of political practices within the pay band established by the department of administration.
       (6)  The commissioner of political practices must receive pay adjustments consistent with those required by the legislature for state employees in 2-18-303 and 2-18-304.

13-37-107.  Commissioner of political practices -- qualifications. The individual appointed to serve as commissioner:
        (1)  must be a citizen of the United States and a resident of Montana as provided in 13-1-112; and
        (2)  on the date of appointment, must be registered to vote in Montana.

13-37-108.  Commissioner of political practices -- restrictions. During the commissioner's term of office, the commissioner may not knowingly, as defined in 45-2-101:
        (1)  hold another position of public trust or engage in any other occupation or business if the position of public trust or the other occupation or business interferes with or is inconsistent with the commissioner executing the duties of the commissioner's office;
        (2)  participate in any political activity or in a political campaign;
        (3)  make a contribution to a candidate or political committee or for or against a ballot issue or engage in any activity that is primarily intended to support or oppose a candidate, political committee, or ballot issue;
        (4)  attend an event that is held for the purpose of raising funds for or against a candidate, political committee, or ballot issue;
        (5)  participate in a matter pertaining to the commissioner's office that:
                (a)  is a conflict of interest or results in the appearance of a conflict of interest between public duty and private interest pursuant to Title 2, chapter 2; or
                (b)  involves a relative of the commissioner.

Other statutes: Title 13, chapter 37, MCA: Control of Campaign Practices