Education
The Office of Political Practices is committed to promoting confidence, transparency, and accountability in Montana’s democratic processes.
To this end, COPP has compiled guidance and education targeted towards: Voters and the Public; Candidates and Policial Committees; Lobbying Information; and Ethics.
Voters and the Public
Candidate and Committee Financial Data
The Campaign Electronic Reporting System (CERS) is a publicly accessible database where candidates and committees report the money they receive and spend to promote and oppose candidates and other ballot issues. Montana's campaign finance laws ensure that the public can engage with a transparent reporting of money in elections. To access the CERS database and search, click here. If a candidate or committee has included an addendum (attachment) in a report, you will find this information at the hard-copy search database.
CERS maintains information about all non-federal Montana elections. For all federal (congressional) elections, the Federal election Commission (FEC) maintains and oversees campaign finance data for Montana's Senate and House representation and national committees (e.g. PACS). You can explore that data at the FEC's website.
Lobbying Financial Data
The Commissioner of Political Practices also makes information about lobbying money in Montana publicly available. Any member of the public can see who is registered as a lobbyist, who is a principal (a person or entity that pays lobbyists to lobby on their behalf), and how money is spent to influence legislation and legislators.
To see how lobbying money is spent, there are two databases to reference:
One database stores lobbying reports that are submitted digitally via the lobbying database. These digital reports from 2009-present can be found in our Principal and Lobbyist Online Reporting System. Reports that are filed as paper hardcopies or are emailed or faxed are available on our 2009-present digitized hard copy platform.
You can also learn more about lobbying in Montana with our Lobbying Guide and Lobbying Frequently Asked Questions (FAQ).
How to Get Involved with the Legislature
You have the constitutionally-protected right to have your voice heard by your elected officials. The Constitutions of the United States and of the State of Montana ensure every citizen the right to speak on every public issue and to be heard by officials at every level of government. The Montana Legislature extends that right to any bill (which includes any resolution). Montana’s Legislature functions in a completely open atmosphere. After full consideration and with comments and advice from the public, every vote by committee and by either house must be a public vote.
One of the best resources to learn more about the legislative session is the Montana Legislative Branch website. At this website, you can find information about the status, sponsor, and substance of a bill, who your legislators are and how to contact them, tips for testifying, how to livestream hearings, and more! Make sure to check out their 'Guide to the Montana Legislature' and their guide on how to make your voice heard.
To learn more about the legal requirements for lobbying, and to see who is lobbying in Montana, explore the COPP's Lobbying page.
All post-2019 candidates must file a Statement of Candidate in the Campaign Electronic Reporting System (CERS), and are available to the public via the CERS search function (click the "How to Search CERS" tab for search tips). Pre-2019 Statement of Candidates are publicly accessible via the hard copy search. Hard copy searches can be filtered by First Name, Last Name, Candidate Type, County, Office Title, Document Type, or Election Year.
If a candidate does not turn up from either search, they may not have filed a statement of candidacy with our office. The county elections official of the particular county and/or the Secretary of State's Office could help you determine if that individual has registered to appear on the ballot as a candidate for election. Please remember that certain school and special district candidates do not have to register with the COPP.
All candidates and committees file campaign finance reports in the Campaign Electronic Reporting System (CERS). Access all candidate and committee campaign finance reports in CERS. All campaign finance addenda are available in the hard copy search.
Like the Statement of Candidate forms, all campaign financial reports or other documentation filed by candidates for public office are accessible on the COPP’s website via the hard copy search. Financial reports, which show where a candidate and committee's funding comes from and how money is spent, may also be accessed via hard copy search.
If you questions about the role of money in politics, please call the Office of Political Practices at (406) 444-2942, email cpphelp@mt.gov, or stop into the Helena office at 1209 8th Avenue.
All federal (congressional) candidates (e.g. U.S. House and Senate candidates) must register and report with the Federal Elections Commission (FEC) and not the Montana Office of Political Practices. Information about congressional candidates is available on the FEC's Candidates page. The FEC is available online at www.fec.gov or by telephone at 1-800-424-9530. The COPP does not have jurisdiction over federal races, meaning candidates for Montana’s United States Senate or House seats are not required to file campaign finance reports and documentation with our office.
No. Montana's law defining political “Robocalls” as illegal was found by the 9th Circuit Court to be unconstitutional in September 2019 (read their Opinion here).
That said, robocalls that support or oppose a candidate or ballot issue (election communication) related to Montana's elections still have the same attribution (Paid for by) and campaign finance reporting requirements as any other election communications (such as TV or social media ads, billboards, yard signs, etc.). Please keep in mind not all calls or texts may be considered an election communication or robocall/text however.
Any time a person in Montana receives a robocall that advocates for or opposes a candidate or ballot issue, the message or caller must identify the caller's mailing information and funding source. This is presented as "paid for by" information. Montana law requires that all paid political communications include attribution disclosing who the communication is funded by, and contact information for the source (Mont. Code Ann. § 13-35-225). Non-paid messages and messages that do not directly support or oppose a candidate and are received by fewer than 100 recipients in the district voting on the candidate or ballot issue mentioned would not need to include this message.
The COPP does not have jurisdiction over robocalls. As with any other medium for a paid political communication (such as billboards, yard signs, websites, social media, TV ads, etc.), the COPP will enforce the requirements of the attribution statute on all political communications, including political robocalls and texts.
This means that any committee, candidate, or individual paying for political robocalls that meet the definition of an election or electioneering communication must comply with Montana's campaign finance laws, include attribution information, and disclosure requirements. Any robocalls that do not transparently include this information may violate Montana's campaign finance law.
Federal Law may apply
Citizens should be also aware of a separate federal law, the Telephone Consumer Protection Act (TCPA), which regulates telephone communications. The Federal Communications Commission (FCC) enforces the TCPA, and Montanans can file a complaint with the FCC if they believe they have received a phone call or text message which violates the TCPA.
Further guidance on the TCPA by the FCC states:
Restrictions on political campaign-related robocalls or robotexts vary based upon whether a call is delivered to a landline telephone, a cell phone, or certain protected telephone lines such as emergency or toll-free lines, or lines serving hospitals or similar facilities.
Political campaign-related autodialed or prerecorded voice calls, including autodialed live calls, prerecorded voice messages, and text messages, are:
- Not allowed to cell phones, pagers, or other mobile devices without the called party's prior express consent.
- Not allowed to protected phone lines such as emergency or toll-free lines, or lines serving hospitals or similar facilities, unless made with the called party's prior express consent.
- Allowed when made to landline telephones, even without prior express consent.
What is the COPP's role with political signs? And what are the disclaimer requirements for political signs? (see the below information as a PDF)
When it comes to political signs, the COPP has jurisdiction only in upholding and enforcing attribution requirements. In other words, the only oversight over political signs that the COPP has is in ensuring the required “paid for by” attribution message is included, and that the expense is disclosed fully in a campaign finance report. The COPP does not have oversight over when citizens may begin to display political signs or when those signs must be taken down.
All paid campaign materials meant to support a candidate or ballot issue must include a “paid for by” attribution message disclosing the entity that financed the material. This includes—but is not limited to—campaign mailers, radio ads, yard signs, boosted Facebook or Instagram posts, etc. The ‘paid for by’ message must be large enough to be readable and must identify the entity who financed the communication and their listed mailing address. Attribution requirements vary between candidates and committees. For more information, familiarize yourself with attribution requirements and how to report paid political communications.
If the material is too small for the disclaimer to be included (e.g. with a text, keychain, etc.), a copy of the material and the attribution information must be sent to the COPP to be approved for use to avoid potential campaign practices complaints. This information is publicly accessible on the COPP’s website. For more details on non-attributed campaign communications, review this information. More guidance on the “paid for by” attribution requirements is available on the COPP’s website. See Mont. Code Ann 13-25-225 and 44.11.601(2) ARM for the full attribution requirements and applicability.
What is the role of local government in determining political sign timelines? (e.g. when signs can go up and must be taken down?)
The Office of Political Practices often receives phone inquiries regarding the timeline for placing political signs. As stated above, the COPP has no jurisdiction over when political signs may be displayed, and does not know the specific requirements for each Montana municipality. Local governments (I.e. a city council or county commission) are responsible for regulating when political signs may be placed and when they must be taken down. Contact your local city or county government for more information.
The Montana Department of Transportation is responsible for sign regulations along Montana roadways or right of way (see the below information for more details).
What is the role of the Montana Department of Transportation (MTDOT) in regulating the placement of political signs on Montana roadways?
(This information comes from a 2012 notices from the MTDOT's Right of Way Bureau)
Political campaign committees, and candidates are being reminded again about restrictions on where their signs can be placed. Signs on highway fences, utility poles, and otherwise on state right of way are not allowed and are being removed by Department of Transportation crews.
With landowner’s consent, political signs may be placed alongside the highway on privately owned land. Many signs are being placed in ditches or on the highway side of fences. State crews must remove them and store them until the owners can pick them up. Candidates, and their supporters should make sure their signs are placed on private property.
Federal law requires that any sign intended to be read from the highway must be regulated by the state. In Montana, as in other states, controlling signs is the responsibility of the Department of Transportation. Failure to control signs brings the threat of federal sanctions and can disrupt highway improvement projects.
It is unsafe, and illegal to drive or park in a ditch along a highway to install a sign on private property. Within 30 days following the applicable election the signs should be removed.
The candidates' cooperation in adhering to the regulations, and statutes will benefit the Department of Highways, and the taxpayers of Montana.
Contact information:
- Right of Way Bureau: (406) 444-6055, www.mdt.mt.gov/mdt/organization/precon.shtml
- Bureau Chief – 406-444-6063 / Traffic and Safety Bureau Chief – 406-444-9252
What guidance do the Administrative Rules of Montana offer on political signs (see 18.6.246, ARM)?
(1) Signs promoting political candidates or issues shall be placed on private property only and cannot be placed without the permission of the property owner. Political signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.
(2) Political signs must not:
(a) be placed on or allow any portion to intrude in the public right-of-way or on public property; and
(b) be placed within 100 feet of any entrance to the building in which a polling place is located.
(3) Political signs will not be considered in determining the spacing required between conforming off-premises outdoor advertising signs.
(4) Political signs must be removed within 14 days following the applicable election. The department shall notify the landowner of illegal signs which are not removed within 14 days. The signs shall be removed by the department 24 hours after notification to the landowner. The department shall retain removed political signs for five working days after notification of removal before their destruction. The sign owner may retrieve the signs during this period.
(5) Signs that pose a traffic hazard may be removed by the department without prior notification to the sign owner.
(6) Political signs do not require permits and are not subject to permit fees.
History: 75-15-121, MCA; IMP, 75-15-111, MCA; NEW, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.
Montana’s campaign finance laws protect the public’s right to know who is paying to finance elections. Every Montanan must be able to look at any paid political communication and be able to know who financed the material. Candidates and committees are required to disclose details to ensure transparency. They help ensure this right for Montana voters by reporting paid communications with enough detail so that they are individually distinguishable and can be easily attributed back to their source.
Any candidate or committee's billboard, Facebook ad, yard sign, mailer, google ad, radio ad, keychain, etc., etc., must attribute who paid for the 'communication.' You can see this on the "Paid for by" information. All election and electioneering communications are legally required to include attribution ("Paid for by" information) that identifies the entity that paid for the communication (See Mont. Code Ann. § 13-35-225 for legal details). The attribution must clearly identify the name and mailing address of the entity that paid for the communication. Committee attribution must also include the name of the Treasurer. **In partisan elections, candidates must also state their party affiliation or include the party symbol.**
If a campaign's material is too small to include an attribution, the candidate or committee must file a copy of the material or item with the Commissioner of Political Practices with attribution at the time the material is published. You can view non-attributed materials here.
If a candidate or committee fails to attribute an election communication, the person financing the communication must notify the Commissioner of Political Practices within two days of discovering the error and make every reasonable effort to bring the material into compliance. No materials should be disseminated that are not in compliance. Any communications must be pulled until they have been corrected.
Want to learn more about attribution requirements? Explore this Attribution Information link to learn the difference between an election and electioneering communication, all the detailed requirements of attribution, information on robotexts, and where you can see non-attributed information.
All information for paid communications is also publicly available on the Campaign Electronic Reporting System database. Specifically, you can search expenditures to see the details on any paid communication (e.g. who designed the ad, what medium ran the ad, etc.).
Yes, public employees and public officials may use their uniform, job title, etc. in political ads or signed letters to the editor, "so long as his or her speech does not involve the use of public time, facilities, equipment, supplies, personnel, or funds." For more information, please see this Attorney General opinion for guidance.
The COPP manages complaints concerning campaigns, lobbying, and ethics. The Commissioner has final determination as to whether a submitted complaint is accepted for filing. If accepted, the COPP conducts an investigation for campaign and lobbying complaints.
Accepted Complaints and Responses are Public Information
Please keep in mind that all accepted campaign and lobbying complaints are made public immediately upon acceptance. Investigations are not conducted for ethics complaints. Accepted ethics complaints filed against elected officials will also be made public immediately upon acceptance. Candidates against whom a complaint is filed may submit a written response, which is posted on the website along with the complaint.
Learn more about the complaint process for:
- Campaign Finance: Complaint Procedure, Complaint Form, Confidentiality and Disclosure Policy
- Lobbying: Complaint Procedure, Complaint Form
- Ethics: Complaint Procedure, Complaint Form
Formal Complaints
Click this Docket of Formal Complaints to see:
- Campaign Practice Complaints
- Orders of Non-Compliance
- Lobbying Complaints
- Ethics Complaints
Decisions
Click the links below for:
- Campaign Finance Decisions
- Lobbying Decisions
- Ethics Decisions
- Advisory Opinions
- Orders of Non-Compliance
- Response Letters
Candidate and Political Committee Campaign Finance Information
Candidate guides and resources
- Candidate Guide to Navigating CERS
- Accounting and Reporting Manual for Candidates (Green Book)
- Attribution brochure
Political Committee guides and resources
The most recent COPP training videos for candidates are posted here.
Q1: I would like to run as a candidate for an elected public office in my city. What documentation do I need to file?
A: Candidates seeking election to a city office must file a C-1A Statement of Candidate with the COPP in CERS (reference this resource to file a Statement of Candidate) to appear on an official election ballot. The C-1A Statement of Candidate must be filed “within five (5) days after receiving or spending money, appointing a campaign treasurer, or filing for office, whichever occurs first.” There is no charge or filing fee to register as a candidate with the COPP. Candidates must also file a Declaration for Nomination and Oath of Candidacy with their county elections administrator. Please visit the Secretary of State’s website for more information on how to file as a candidate for public office in the state of Montana.
Q2: Can I use campaign funds to pay the filing fee required to file as a candidate with the county elections office?
A: Yes, candidates may use campaign funds to pay their candidate filing fee. Candidates may also pay this fee out-of-pocket using personal funds and reported an an in-kind contibution from candidate or loan from candidate.
Q3: What are the contribution limits, and how do they apply to me?
A: All candidates running for elected office in Montana are subject to contribution limits, which detail the maximum amount a candidate may accept from individuals and political committees. Specific contribution limits applicable to elections can be found on the COPP’s website. Keep in mind that a candidate’s own contributions to their campaign are exempt from contribution limits; there is no limit to what the candidate may contribute to their own campaign. Also, candidates cannot accept contributions from corporations or unions (§13-35-227, MCA).
Q4: When filling out the C-1A Statement of Candidate, it asks me to indicate if I am a ‘B’ or ‘C’ box candidate. What is the difference between a 'B' and 'C' box candidate?
A: On the C-1A Statement of Candidate, the candidate must indicate if they are a ‘B’ or ‘C’ box candidate. 'B' box candidates "certify that I expect the total amount of contributions or expenditures will not exceed $500 (including personal funds)" for their campaign and are not required to file C-5 campaign finance reports with our office. Simply put, candidates can maintain 'B' box status and remain exempt from campaign finance reporting requirements if the combination of contributions received by the campaign and expenditures made does not exceed $500.
'C' box candidates certify that "I expect to receive contributions and/or make expenditures exceeding $500 (including personal funds)" and therefore must file C-5 campaign finance reports on the appropriate schedule. So, if the candidate’s combination of contributions received and expenditures made exceeds $500, that candidate would be a ‘C’ box candidate and would need to file C-5 campaign financial reports according to schedule. If a 'B' box candidate exceeds $500 in expenditure and contribution activity, they will need to file an amended C-1A Statement of Candidate indicating they are now a 'C' box candidate and file an initial C-5 report within 5 days of exceeding the $500 threshold. Please note that personal funds are included in the $500 threshold, as is the filing fee.
Q5: I am a ‘C’ box candidate (will exceed $500 in contributions and expenditures) who has filed with the Commissioner of Political Practices to run for public office. When are my C-5 campaign finance reports due?
A: ‘C’ box candidates are required to periodically file C-5 campaign financial reports disclosing contributions received and expenditures made by the campaign. Find reporting calendars on the COPP’s website. For tips on what information is required to be included within these C-5 reports, please see the COPP’s Candidate page.
Q6: What is the designation between primary and general elections? And do the contribution limits apply to both cycles?
A: The primary election and the general election are defined as two separate elections under Montana statute, and the 2019 contribution limits apply to both. Under the requirements of §13-37-216(5), MCA, "election" means the general election or a primary election that involves two or more candidates for the same nomination.
If there is no contested primary, there is only one election to which the contribution limits apply. If there is a contested primary, then there are two elections to which the contribution limits apply. For example, a candidate who is involved in a contested primary election could accept the maximum contribution limit from a donor during the primary. Then, and after advancing to the general election, the candidate could accept the max contribution from the same donor again for the general election. If the candidate is not involved in a contested primary and is advancing straight to the general election, the candidate could only receive one max contribution from that donor because they are only participating in one election.
Q7: My campaign is planning on holding a fundraiser in my community where contributions will be collected from the group. What are the specific reporting requirements?
A: Before hosting a mass collection fundraiser event, keep in mind that any individual who donates $50 or more IN THE AGGREGATE (in total) to the campaign must have their name, address, occupation, and employer information listed on C-5 finance reports. The COPP staff recommends you collect this information from all donors, regardless of the size of their donation, and maintain accurate records to easily track each contributor's total contributions to date so that you already have it on hand when a donor hits that $50 threshold.
For individuals who provide a contribution at this type of event and have not met the $50 threshold, this information is not required. The campaign can report the total amount of these under $50 contributions collected at the event as a lump sum contribution in the fundraiser section of the C-5 report, along with 1) the date of the event, 2) the event’s location, 3) a brief description of the event itself, and 4) the approximate number of attendees. For further guidance in reporting contributions received at fundraiser events, please reference this guide.
Remember that candidates cannot accept anonymous contributions. If you do not know the source of a contribution made to your campaign, the contribution should be donated to charity.
Q8: My campaign plans on holding a raffle fundraiser, with various items donated to the campaign by local businesses serving as the prizes. What are reporting requirements?
A: Like with any other fundraiser or mass collection event, any contributor who donates $50 or more to the campaign needs to have their name, address, occupation and employer information included on C-5 reports. Contributions of less than $50 can be reported as a lump sum amount with the date of the event, its location, a brief description of the event, and the approximate number of attendees.
Please note that with a raffle event, any items donated to the campaign must be listed as in-kind contributions. Donated items must be reported for their fair market value (or best estimate) from the individual or entity who donated them. For more guidance on raffles, please see this 2008 advisory opinion issued by Commissioner Unsworth.
Q9: Can my campaign accept a contribution from a business?
A: It depends. Simply, it will always be easiest for a candidate to accept a contribution from an individual, and not a business. For example, if Russell, who runs Russell's Paint Supplies Emporium, writes your campaign a check from their personal account (and not their business account), this is reported as an individual contribution.
If Russell gives a contribution from their business account, this would need to be reported in Schedule A as an individual business (under the "entity" dropdown tab) contribution. Russell's Paint Supplies Emporium must then file as an incidental committee by 1) filing in CERS as a C-2 Statement of Organization (the C-2 must be filed within five days of any of these activities: 1) appointing a campaign treasurer, or 2) making an expenditure to support or oppose a candidate or ballot issue). Russell's Paint Supplies Emporium must then also file period C-4 incidental committee finance reports. The C-4 discloses contributions received and expenditures made by incidental committees.
Again, accepting a contribution from a business requires the business to file as an incidental committee, so candidates should encourage their contributors to use personal checks.
Keep in mind that all corporate contributions, under any condition, are illegal for a candidate to accept. While corporations and unions are allowed to make independent expenditures related to a candidate, they are prohibited from making direct, in-kind, or coordinated contributions to a candidate, 13-35-227, MCA. Earmarked contributions by a corporation or union to a person as a contribution designated for a candidate’s campaign are also prohibited.
If your campaign inadvertently accepted a corporate contribution, the funds must be returned immediately upon discovery. To disclose this in CERS, the contribution would be reported as a business contribution in Schedule A, and then the amount is cancelled out by noting the amount refunded in Schedule B as an expenditure. A photocopy of the refund should be emailed promptly to the COPP at cppcompliance@mt.gov.
More information about illegal contributions (e.g. corporate and union contributions) is detailed in the Accounting and Reporting Manual for Candidates and Treasurers.
Types of committees provided for in Montana are all defined in alphabetical order in Section 13-1-101, MCA. Quoted material is derived from the definitions found in that section unless otherwise cited.
Ballot Issue Committee:
As the name implies, a ballot issue committee is organized to support or oppose a particular ballot issue, including “initiatives, referenda, proposed constitutional amendments, recall questions, school levy questions, bond issue questions, or a ballot question.”
A statewide issue becomes a ballot issue “upon preparation and transmission by the Secretary of State of the form of the petition or referral to the person who submitted the proposed issue.” A local issue becomes a local ballot issue "upon certification by the proper official that the legal procedure necessary for its qualification and placement on the ballot has been completed."
Both statewide and local ballot issue committees must file a Form C-2, Statement of Organization, with the COPP within five days after the issue becomes a ballot issue (13-37-201, MCA). A ballot issue committee's initial Form C-6, Political Committee Finance Report, must include all contributions received and expenditures made by the committee since its date of foundation to qualify the issue for the ballot (13-37-226, MCA).
As with other committees, a ballot issue committee must keep accurate records of contributions and expenditures, must comply with campaign finance and practices laws, and must file the appropriate finance report forms and disclosures.
Independent Committee:
An independent committee means a political committee organized for the primary purpose of receiving contributions and making expenditures that are not controlled either directly or indirectly by a candidate and that does not coordinate with a candidate in conjunction with making expenditures except as within the contribution limits set forth in 13-37-216(1), MCA, and 13-1-101, MCA.
An independent committee is commonplace in campaign activities, both nationally and in the states. Frequently the committee is composed of employees of a common employer or members a particular profession or trade. These individuals contribute to their own committee for the purpose of supporting or opposing candidates and/or issues that the committee agrees on. Most independent committees participate in elections year after year.
Political Party Committee:
A political party committee is "a political committee formed by a political party organization and includes all county and city central committees." In turn, a "political party organization" "means a political organization that was represented on the official ballot in either of the two most recent statewide general elections; or has met the petition requirements, as provided in Title 13, chapter 10, part 5."
These committees support candidates of their own party, oppose candidates of opposition parties, and support or oppose selected issues usually based on party platforms.
Political party committees are similar to independent committees in terms of their wide ranging participation in campaigns; however, they are different in how they form and in their associational functions, which go beyond simply participating in elections.
Limitations on contributions from political party committees do not include a coordinated expenditure made solely by a political party committee for personal services by paid staff that benefits the associational interest of the political party as well as a candidate, ARM 44.11.401. The value of the paid personal services is reportable by the political party committee and the candidate benefiting on their campaign finance reports. See example addendum in Part 5 of this manual, to submit the addendum please email the spreadsheet to CPPHelp@mt.gov, which will then become searchable through the hard copy search system.
Example: the Montana Democratic Party hires interns to do literature drops for several candidates for the legislature. The Montana Democratic Party will have to report the amount of the paid personal services and report the value received by each candidate that benefitted from those services. The candidate will have to report the value as an in-kind contribution from the Montana Democratic Party as well. The personal services contributions do not count towards the aggregate political party contribution limit to a candidate.
Incidental Committee:
An incidental committee is a political committee that is not specifically organized or operated for the primary purpose of supporting or opposing candidates or ballot issues but may incidentally become a political committee by receiving a contribution or making an expenditure.
Example: A local Ace Hardware has an interest in a ballot issue that could impact the owner’s ability to conduct business. The primary purpose of Ace Hardware is to sell home improvement supplies, not support or oppose ballot issues. Ace Hardware writes a check to the organized ballot issue committee that is opposing the issue on the ballot for $1,000. In addition, the store owner decides that he will make some signs to put in his store window. By making these two expenditures, Ace Hardware incidentally became involved in a local election making it qualify as an incidental committee. Ace Hardware is required to register as a political committee and report the expenditures made to oppose the ballot issue.
Joint Fundraising Committee:
A Joint Fundraising Committe (JFC) is not considered a "political committee", but JFCs must follow the same basic reporting and disclosure requirements as most political committees. The 2021 Legislature provided for JFCs with passage of SB 319. The provisions of SB 319 are codified in 13-37-211, MCA, with numerous additional references throughout Title 13. Information about JFCs is included in COPP's Accounting and Reporting Manual for Political Committees, beginning on Page 18.
What is the COPP's role with political signs? And what are the disclaimer requirements for political signs? (see the below information as a PDF)
When it comes to political signs, the COPP has jurisdiction only in upholding and enforcing ATTRIBUTION requirements. In other words, the only oversight over political signs that the COPP has is in ensuring the required “paid for by” attribution message is included, and that the expense is disclosed fully in a campaign finance report. The COPP does not have oversight over when citizens may begin to display political signs or when those signs must be taken down.
Attribution Information - Visit this page for information on PAID FOR BY, What must it include, FAQ, and Updated Non-Attributed Material
All paid campaign materials meant to support a candidate or ballot issue must include a “paid for by” attribution message disclosing the entity that financed the material. This includes—but is not limited to—campaign mailers, radio ads, yard signs, boosted Facebook or Instagram posts, etc. The ‘paid for by’ message must be large enough to be readable and must identify the entity that financed the communication and its listed mailing address. Attribution requirements vary between candidates and committees. For more information, familiarize yourself with attribution requirements and how to report paid political communications.
If the material is too small for the disclaimer to be included (e.g. with a text, keychain, etc.), a copy of the material and the attribution information must be sent to the COPP to be approved for use to avoid potential campaign practices complaints. This information is publicly accessible on the COPP’s website. For more details on non-attributed campaign communications, review this information. More guidance on the “paid for by” attribution requirements is available on the COPP’s website. See Mont. Code Ann 13-25-225 and 44.11.601(2) ARM for the full attribution requirements and applicability.
What is the role of local government in determining political sign timelines? (e.g. when signs can go up and must be taken down?)
The Office of Political Practices often receives phone inquiries regarding the timeline for placing political signs. As stated above, the COPP has no jurisdiction over when political signs may be displayed, and does not know the specific requirements for each Montana municipality. Local governments (I.e. a city council or county commission) are responsible for regulating when political signs may be placed and when they must be taken down. Contact your local city or county government for more information.
The Montana Department of Transportation is responsible for sign regulations along Montana roadways or right of way (see the below information for more details).
What is the role of the Montana Department of Transportation (MTDOT) in regulating the placement of political signs on Montana roadways?
(This information comes from a 2012 notices from the MTDOT's Right of Way Bureau)
Political campaign committees and candidates are being reminded again about restrictions on where their signs can be placed. Signs on highway fences, utility poles, and otherwise on state right of way are not allowed and are being removed by Department of Transportation crews.
With landowner’s consent, political signs may be placed alongside the highway on privately owned land. Many signs are being placed in ditches or on the highway side of fences. State crews must remove them and store them until the owners can pick them up. Candidates, and their supporters should make sure their signs are placed on private property.
Federal law requires that any sign intended to be read from the highway must be regulated by the state. In Montana, as in other states, controlling signs is the responsibility of the Department of Transportation. Failure to control signs brings the threat of federal sanctions and can disrupt highway improvement projects.
It is unsafe, and illegal to drive or park in a ditch along a highway to install a sign on private property. Within 30 days following the applicable election the signs should be removed.
The candidates' cooperation in adhering to the regulations, and statutes will benefit the Department of Highways, and the taxpayers of Montana.
What guidance do the Administrative Rules of Montana offer on political signs (see 18.6.246, ARM)?
(1) Signs promoting political candidates or issues shall be placed on private property only and cannot be placed without the permission of the property owner. Political signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless otherwise specified in this rule.
(2) Political signs must not:
(a) be placed on or allow any portion to intrude in the public right-of-way or on public property; and
(b) be placed within 100 feet of any entrance to the building in which a polling place is located.
(3) Political signs will not be considered in determining the spacing required between conforming off-premises outdoor advertising signs.
(4) Political signs must be removed within 14 days following the applicable election. The department shall notify the landowner of illegal signs which are not removed within 14 days. The signs shall be removed by the department 24 hours after notification to the landowner. The department shall retain removed political signs for five working days after notification of removal before their destruction. The sign owner may retrieve the signs during this period.
(5) Signs that pose a traffic hazard may be removed by the department without prior notification to the sign owner.
(6) Political signs do not require permits and are not subject to permit fees.
History: 75-15-121, MCA; IMP, 75-15-111, MCA; NEW, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.
Lobbying Information
Montana's lobbying laws are found in the ARM: Title 44, Chapter 12: Lobbying Rules, and Montana Code Annotated in Title 5, Chapter 7. Lobbying. Lobbyists and principals should familiarize themselves with these three MCA sections:
Montana's legislature is in session for 90 days at the start of every odd-numbered year. And it's an incredible opportunity to get involved, interact with your elected officials, and engage with the policy-making process. And remember, you have the constitutionally-protected right to have your voice heard by your elected officials.
The Constitutions of the United States and of the State of Montana ensure every citizen the right to speak on every public issue and to be heard by officials at every level of government.
The Montana Legislature extends that right to any bill (which includes any resolution). Montana’s Legislature functions in a completely open atmosphere. After full consideration and with comments and advice from the public, every vote by committee and by either house must be a public vote.
To learn more about the upcoming legislative session, the best resource is the Montana Legislative Branch website. At this website, you can find information about the status and substance of a bill, who your legislators are and how to contact them, livestream hearings, and more!
The Commissioner of Political Practices also makes information about lobbying money in Montana publicly available. Any member of the public can see who is registered as a lobbyist, who is a principal (a person or entity that pays lobbyists to lobby on their behalf), and how money is spent to influence legislation and legislators.
To see how money is spent, there are two databases to reference:
One database stores lobbying reports that are submitted digitally via the lobbying database. These digital reports from 2009-Current can be found in our electronic database. Reports that are filed as paper hardcopies or are emailed or faxed are available on our 2009-2019 digitized hard copy platform. (see 'Lobbying' under online service tab or access from the home page)
For the freshest information, check out the COPP's Lobbying page. This page is a cache of resources for lobbyists, principals, and includes a citizen's guide on getting involved with the legislature. Below are some of this page's featured guides.
Lobbying 101 Information
- Lobbying Guide for Principals and Lobbyists
Lobbying Registration Guides
- Lobbying database (Register as a lobbyist or principal, and submit L-5 reports)
* Principal's Guide to register in the database
* Lobbyist's Guide to register in the database
Lobbying Report Guides
- L-5 Lobbying Financial Report guide, PDF guide
Lobbyist and Principal Forms
These forms can be submitted through the below fillable PDF links and work best in the Internet Explorer browser. These forms can also be printed off and mailed to the COPP office at P.O. BOX 202401, Helena, MT 59620-2401. Reference this Guide to Required Lobbying Form to see sample scenarios.
Form L-1, Lobbyist License Application
Form L-2, Principal Authorization Statement
Form L-3, Principal Registration Application
Form L-5, Lobbying Financial Report
Lobbyist License Fee Waiver Request
Lobbying Report Due Dates
Reference the Lobbying Report Dates page for lobbying report information.
Register in the lobbying database
Please note that you must register for each new legislative session. If you registered as a lobbyist or as a principal in 2015, 2017, 2019, etc., you must register again in the database again in 2021. If you still have your access ID (which is emailed to you), you can enter that information to relink to previous accounts. If you cannot find your access ID, please contact the COPP to have your ID sent to you. To register in the lobbying database , reference these two guides:
* Principal's Guide to register in the database
* Lobbyist's Guide to register in the database
This L-5 Lobbying Financial Report Guide is the best resource for filing L-5 reports. In particular, please know the information in the 5th section, which breaks down requirements for each L-5 section. Please familiarize yourself with this as the guide is updated regularly.
Details about the COPP's lobbying inspection process and amending L-5 reports is available on the very handy L-5 Lobbying Financial Report Guide.
First, if you are a lobbyist or principal, orient yourself with the information on the COPP's Lobbying Guide for Principals and Lobbyists. Then, if you are curious to know answers to these questions:
- - What is the legal definition of lobbying?
- - How long is a lobbying license valid for?
- - Does Montana allow grassroots lobbying?
- - Can I get an extension on my lobbying reports?
- - And more!
Check out the Lobbying FAQ page for more questions and answers!
Ethics: State Employees, Agencies, and Elected Officials
Any government employee who engages in lobbying activities (e.g. testifying in support or opposition of proposed legislation, conversations with legislators to support or oppose legislation, or written correspondence in support or opposition to a bill, etc.) for which they are compensated at least $2,650 in government pay during the 2021 year must file an L-1 lobbyist registration form with the Commissioner of Political Practices (See COPP lobbying page for details).
If you think you will commit at least $2,650 worth of hours for lobbying activities on behalf of your agency, it is best to simply register and track the required disclosure details. Once you have met the $2,650 threshold, you must file a L-1 form within five business days. In-depth details are available in the below guides.
Lobbying Guides for Government Employees
- General Lobbying Guide for Government Employees
- State Agency Employee Lobbying Guide
Business Disclosure Statement (Statewide and State District Elected Officials, Department Directors, and Candidates for Statewide or State District Office)
Form D-1
Form D-1 Instructions
Multiple Public Employment Disclosure Statement (Public Employees, Public Officers, and Legislators)
Form E-1
Frequently Asked Questions
Montana Code of Ethics and the Gift Ban
Public Employee Political Activity While at Work
Ethics Complaint Forms
Please see HERE.