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recognizance. The judge said they could not bring or handle anything amma- ble on forest lands. Their District Court arraignments are set for later this month.
Prosecutors say the three Hamilton men and a 16-year-old girl failed to com- pletely extinguish a camp re, spark- ing the Roaring Lion re, which began on July 31 and led to the evacuation of around 600 homes. The girl is charged in Juvenile Court.
HELENA
5. Lawmaker Sues Montana Commissioner of Political Practices
A Montana lawmaker sued Commis- sioner of Political Practices Jonathan Motl on Nov. 4 for saying the legislator faces penalties for revealing a con den- tial ethics complaint he led against Gov. Steve Bullock, a lawsuit Motl said was timed to sway voters in a close gov- ernor’s race.
The attorney for Rep. Brad Tschida, R-Missoula, says in the federal law- suit that Motl’s threat of penalties has silenced him and prevents him from per- forming legislative acts.
“Motl is violating Rep. Tschida’s First Amendment right to free speech by threatening him with criminal sanctions for communicating with fellow legisla- tors concerning an inherently legislative duty,” wrote Tschida’s attorney, Matthew Monforton, who is also a Republican rep- resentative from Bozeman.
Motl responded that Tschida violated the con dentiality provision again by recounting the contents of the ethics complaint in the lawsuit— and he has now brought Monforton into the mess.
“What we’ve got here is a pretty seri- ous magni cation of an original improper action by Mr. Tschida,” Motl said. Mon- forton “didn’t improve Mr. Tschida’s sit- uation. He made it worse. And now he’s involved in it himself.”
Tschida disclosed to other lawmakers that he led the ethics complaint in Sep- tember against Bullock with Motl’s o ce. Under state law, such complaints are con- dential until the commissioner makes a ruling on them.
Tschida sent the letter to lawmakers on Nov. 1, a week before voters decided between the Democratic incumbent and Republican challenger Greg Gianforte and with the complaint still unresolved.
Tschida alleges Bullock and Com- merce Director Meg O’Leary misused the state plane by ying to a Paul McCart- ney concert in 2014, an accusation often repeated by Gianforte. It also alleges that Bullock and O’Leary accepted an illegal gift by accepting an invitation to sit in University of Montana President Royce Engstrom’s box at the stadium where the concert was held.
HELENA
6. Federal Judge Upholds Montana Campaign Disclosure Law
Montana’s new campaign disclosure law has survived its rst test, with a fed- eral judge rejecting arguments that it unconstitutionally interferes with the free speech of groups that want to in u- ence elections without revealing where they get their money or how they spend it.
U.S. District Judge Dana Christensen, in ruling for the state last week, cited the U.S. Supreme Court’s Citizens United decision in 2010 that allowed unlimited corporate spending in elections. In that case, the justices ruled that although dis- closure requirements burden the ability to speak, they are constitutional because they don’t prevent anyone from speaking.
A dramatic rise in election spending has left Montana voters inundated with political television ads and mailers that seek to inform — or misinform — the vot- ers and sway their opinions, Christensen wrote in the decision.
“Providing Montana voters with information about individuals and groups competing for their attention serve important government interests,” the judge wrote.
The Montana Legislature passed the Disclose Act in 2015 amid concerns of the role that so-called dark money groups have played in elections since the Supreme Court’s Citizens United deci- sion. The law requires more disclosure of political committees’ disclosure and spending, adds more reporting deadlines and restricts coordination between can- didatesandoutsidegroups.
A Billings-based organization called Montanans for Community Develop- ment, which had previously sued the state over its campaign laws, amended its lawsuit last year to challenge the Disclose Act. The group, which does not disclose its donors or spending, describes itself as an educational organization that advo- cates for issues, not candidates.
The pro-natural resource develop- ment group wanted to send mailers close to Election Day that name candi- dates as impeding coal development, but do not overtly say whether to vote for candidates. The group argued that such issue-advocacy mailers are protected speech that can’t be regulated by the state’s campaign law.
BILLINGS
7. Woman Gets Temporary Restraining Order Against Barry Beach
A Yellowstone County judge has granted a woman’s request for a tem- porary restraining order against Barry Beach after she reported he had begun stalking her.
The Billings Gazette reports Justice of the Peace Pedro Hernandez granted the order and scheduled a Nov. 14 hearing on a permanent order.
The woman said she brie y dated Beach about four years ago when he was temporarily released from prison after a judge granted him a new trial in the 1979 murder of Kimberly Nees of Pop- lar. Since his clemency and release from prison a year ago, the woman said Beach has wanted to resume their relationship and gets angry when she refuses.
She said he began showing up at her apartment and contacting her boyfriend via social media.
In early October, Beach had his pro- bation restrictions increased after a woman accused him of propositioning her 12-year-old daughter in January. No charges were led.
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