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February 10, 2023
The confirmation process for Gov. Greg Gianforte’s pick to be Montana’s new Commissioner of Political Practices is underway.
Chris Gallus, a seasoned attorney and lobbyist, was unanimously confirmed as the new commissioner by the Senate State Administration Committee on Friday. The committee posed a series of questions, mostly friendly in nature, to Gallus, focusing on his campaign law philosophy and his approach to the office.
On Friday, Gallus testified about the essential objective of the office, which I firmly support. It is to guarantee people’s freedom of speech, their ability to participate in political discussions and activities, while ensuring the public’s access to accurate and timely information.
His confirmation now awaits a vote before the full Senate. Gallus, whose appointment was announced by the governor last month after a legislative committee failed to agree on a pick, would replace former commissioner Jeff Mangan. Mangan concluded his six-year term at the end of last year.
The state’s premier political enforcer is commonly referred to as the COPP. Established by the 1975 Legislature, this office is responsible for upholding state campaign finance regulations and conducting investigations into associated grievances. Additionally, it supervises the disclosure of candidate campaign finances and lobbyist activities.
In an announcement last month, Gianforte stated that Montanans should have a political system characterized by transparency and ethics. To safeguard this system, they rely on an independent and nonpartisan commissioner of political practices who is highly qualified. Gianforte expressed confidence in Chris Gallus, believing that he will fulfill the role with honor and integrity as the commissioner.
Gallus is originally from Butte and has been practicing law for the last 26 years. Throughout his career, he has primarily focused on campaign ethics, political practices, and lobbying law. He has held various positions related to these areas, such as serving as the director of government affairs and legal counsel for the Montana Chamber of Commerce.
He’s also represented a number of conservative candidates and causes, including in cases before the commissioner’s office. Those groups include the Montana Growth Network, which faced a hefty enforcement action by then-Commissioner Jonathan Motl for disclosure violations incurred during the 2012 election cycle.
On Friday, he admitted to the committee that there would probably be inquiries about how he plans to handle his connections with previous clients if their involvement arises in complaints brought before the commissioner’s office.
According to him, the statute permits the commissioner to excuse themselves and designate a deputy in the event of a conflict of interest. He mentioned that he has already done so in one particular case during his current tenure as the confirmation process moves forward.
He stated that once a previous client comes before him, they will receive the appropriate level of examination.
Sen. Janet Ellis, D-Helena, asked Gallus if there were previous cases before the COPP that he felt were wrongly decided.
He half-jokingly mentioned that there were numerous instances where the commissioner ruled in favor of others, all of which come to his mind.
In seriousness, he pointed to one case where a client sued the commissioner to have his case heard in Gallatin County, rather than before a judge in Lewis and Clark County. Gallus said he would depart from the practice of previous commissioners who have generally referred most prosecutions to the Lewis and Clark County Attorney.
“The commissioner at the time believed that the violations, mostly related to reporting, were taking place within the commissioner’s office,” he explained. “My proposed alteration would be to direct these cases to the respective county attorneys, in accordance with the candidates’ locations.”
Gallus was provided with endorsements from various political figures, such as Gianforte policy director Glenn Oppel and current Montana Chamber of Commerce lobbyist Charles Robison.
It was even more unexpected that longtime Butte Democratic politico Evan Barrett, who has collaborated with Gallus on economic development matters in Butte-Silver Bow County, endorsed him. Barrett, one of the legislators and staff members who contributed to the creation of the state’s campaign practices law in 1974, expressed his support.
Barrett testified that although he frequently disagreed with the groups represented by Chris, he never doubted that they were receiving competent legal advice from him.
—Arren Kimbel-Sannit
Vote Viz
House Bill 234, a proposal sponsored by Rep. Bob Phalen, R-Lindsay, that would apply criminal penalties to public school employees who display or distribute “obscene” material to minors, passed out of the House this week, despite more than a dozen Republicans joining Democrats in opposition to the measure.
Bill Report
House Bill 307, a Montana Freedom Caucus-backed measure that would allocate $1.275 billion to property and income tax rebates, was tabled by the House Taxation Committee Wednesday. A separate rebate package negotiated by moderate and hardline Republicans, which includes about $760 million in rebates, passed the House Feb. 2 and is pending in the Senate.
Senate Bill 191, a bill that sponsor Sen. Steve Fitzpatrick, R-Great Falls, said would make it more difficult for parties in a legal action to obtain a temporary restraining order or injunction, passed the House 66-33 on second reading Feb. 10. The flagship of several Fitzpatrick bills revising injunction law, the bill has flown through the House. It was both heard and passed in the House Judiciary Committee on Feb. 9, a relative rarity — most bills are voted on at least a day after being heard in committee.
House Bill 271, a bill sponsored by Rep. Paul Tuss, D-Havre, that would reseat the House and Senate by last name rather than party, passed out of the House Legislative Administration Committee this week on a 9-7 vote.
Heard in the Halls
“This is one tax I don’t have to pay. I’ll let the hippies pay it instead.”
—Rep. Ed Butcher, R-Winifred, during floor debate on House Bill 55, a bill creating a tax on electric vehicle charging stations, on Feb. 9.
Background Reading
Gallus named Montana’s new political practices commissioner: For more on Gallus’ background and the latest other news appointment process, read here. (MTFP)
State statute concerning the Montana Commissioner of Political Practices
Republican lawmaker advancing changes to how courts issue injunctions: Read for more on proposed changes to the state’s injunction laws. (MTFP)
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