Mont. Code Ann. » TITLE 13. ELECTIONS · CHAPTER 37. CONTROL OF CAMPAIGN PRACTICES · Part 1. Commissioner of Political Practices
Montana Code Annotated

Mont. Code Ann. § 13-37-111 (2026)

Investigative Powers And Duties -- Recusal

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 13
  3. CHAPTER 37
  4. Part 1
  5. 13-37-111 Investigative powers and duties -- recusal

TITLE 13. ELECTIONS

CHAPTER 37. CONTROL OF CAMPAIGN PRACTICES

Part 1. Commissioner of Political Practices

Investigative Powers And Duties -- Recusal

13-37-111. Investigative powers and duties -- recusal. (1) Except as provided in this section, the commissioner is responsible for investigating all of the alleged violations of the election laws contained in chapter 35 of this title or this chapter and in conjunction with the county attorneys is responsible for enforcing these election laws.

(2) The commissioner may:

(a) investigate all statements filed pursuant to the provisions of chapter 35 of this title or this chapter and shall investigate alleged failures to file any statement or the alleged falsification of any statement filed pursuant to the provisions of chapter 35 of this title or this chapter. Upon the submission of a written complaint by any individual, the commissioner shall investigate any other alleged violation of the provisions of chapter 35 of this title, this chapter, or any rule adopted pursuant to chapter 35 of this title or this chapter.

(b) inspect any records, accounts, or books that must be kept pursuant to the provisions of chapter 35 of this title or this chapter that are held by any political committee or candidate, as long as the inspection is made during reasonable office hours; and

(c) administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, bank account statements of a political committee or candidate, or other records that are relevant or material for the purpose of conducting any investigation pursuant to the provisions of chapter 35 of this title or this chapter.

(3) If the commissioner determines that considering a matter would give rise to the appearance of impropriety or a conflict of interest, the commissioner is recused from participating in the matter.

(4) The commissioner is recused from participating in any decision in which the commissioner is accused of violating 13-37-108 or any other ethical standard.

(5) (a) If a campaign finance or ethics complaint is filed in the office of the commissioner against the commissioner, a supervisor within the commissioner's office shall within 10 business days forward the complaint to the attorney general, who shall within 45 days appoint a deputy in the case of a finance complaint or a deputy and a hearings officer in the case of an ethics complaint to make a determination in the matter of the complaint. The attorney general shall, to the extent practicable, ensure that there is no conflict of interest in the appointment of the deputy or hearings officer or in the provision of any legal advice to the office of the commissioner.

(b) A deputy appointed pursuant to this subsection must, in addition to complying with the requirements of subsection (6)(b), be an attorney licensed to practice law in Montana who is engaged in the private practice of law and who has liability insurance applicable to the purposes for which the deputy is appointed.

(c) If a complaint is filed against the commissioner, another employee in the office of the commissioner may not provide the commissioner with any information or documents concerning a complaint against the commissioner beyond that information or those documents normally provided to persons in matters before the commissioner.

(6) (a) If the commissioner is recused pursuant to this section, the commissioner shall, except as provided in subsection (5), appoint a deputy, subject to subsection (6)(b).

(b) The deputy:

(i) may not be an employee of the office of the commissioner;

(ii) must have the same qualifications as specified for the commissioner in 13-37-107;

(iii) with respect to only the specific matter from which the commissioner is recused, has the same authority, duties, and responsibilities as the commissioner would have absent the recusal; and

(iv) may not exercise any powers of the office that are not specifically related to the matter for which the deputy is appointed.

(7) (a) Except as provided in subsection (7)(b), the appointment of the deputy is effectuated by a contract between the commissioner and the deputy. A contract executed pursuant to this subsection (7) must specify the deputy's term of appointment, which must be temporary, the matter assigned to the deputy, the date on which the matter assigned must be concluded by the deputy, and any other items relevant to the deputy's appointment, powers, or duties.

(b) If a deputy is appointed pursuant to subsection (5), the appointment of the deputy is effectuated by a contract between the supervisor who forwarded the complaint to the attorney general and the deputy or the deputy and the hearings officer, but the contract is construed to be with the office of the commissioner.

History: En. 23-4786 by Sec. 11, Ch. 480, L. 1975; amd. Sec. 63, Ch. 365, L. 1977; R.C.M. 1947, 23-4786(1), (13), (17), (21); amd. Sec. 230, Ch. 571, L. 1979; amd. Sec. 4, Ch. 401, L. 2001; amd. Sec. 7, Ch. 479, L. 2005; amd. Sec. 2, Ch. 407, L. 2007; amd. Sec. 3, Ch. 234, L. 2013; amd. Sec. 4, Ch. 565, L. 2021.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1979–2021 · leading case: Comm'r of Political Practices for the State Ex Rel. Mangan v. Wittich, 400 P.3d 735 (Mont. 2017).
Sort: Relevance Newest Treatment
Comm'r of Political Practices for the State Ex Rel. Mangan v. Wittich, 400 P.3d 735 (Mont. 2017). · cites it 50× “In fact, after Bonogofsky submitted her written complaint with the Commissioner, the plain language of § 13-37-111, MCA, explicitly required the Commissioner to “investigate any other alleged violation” of Montana’s campaign laws included in the complaint.”
COPP v. Repub. Party, 2021 MT 99 (Mont. 2021). · cites it 54× “It may examine documents, Mont. Code Ann. § 13-37-111 (2)(b), or require the production of documents, Mont.”
Doty v. Montana Comm'r of Political Practices, 2007 MT 341 (Mont. 2007). · cites it 5× “Section 13-37-111, MCA. However, the Commissioner’s obligation to enforce Montana’s election laws, and more specific to this case, Montana’s campaign finance and practices statutes, is discretionary.”
Montanans for Cmty. Dev. v. Motl, 216 F. Supp. 3d 1128 (D. Mont. 2016). · cites it 4× “§ 13-37-111; Admin. R. Mont. 44.11.106. However, as discussed in section I.”
Lair v. Motl, 189 F. Supp. 3d 1024 (D. Mont. 2016). · cites it 2× “As Commissioner of Political Practices, Motl possesses broad investigational powers, see Mont. Code Ann. §§ 13-37-111 (2), 13-37-116, and is charged with promulgating the very rules he is to enforce, Id, § 13-37-114.”
State v. Matthews, 600 P.2d 188 (Mont. 1979). · cites it 3× “Does one judge of a District Court have authority to dismiss a criminal action where another judge of coordinate jurisdiction has granted leave to file an information? Section 13-37-111, MCA, gives the Commissioner of Campaign Finances and Practices (Commissioner) the…”
Doctors for a Healthy Montana v. Fox (D. Mont. 2020). · cites it 2× “Mont. Code Ann. § 13-37-111 (1). Upon completing the investigation, the Commissioner refers the matter to the relevant county attorney if he or she finds “sufficient evidence to justify a civil or criminal prosecution.”
Montanans for Cmty. Dev. v. Motl, 54 F. Supp. 3d 1153 (D. Mont. 2014). · cites it 2× “321, MCA § 13-37-111, and ARM 44.10.307(3) and (4) (collectively referred to as “Montana’s election disclosure laws”).”
Skattum v. Motl, 2016 MT 208N (Mont. 2016). “Pearson provides expert services to M+R’s clients, including expert opinion and testimony on campaign issues related to direct mailing and voter persuasion.”
— Mont. Code Ann. § 13-37-111(1) — 3 cases
Comm'r of Political Practices for the State Ex Rel. Mangan v. Wittich, 400 P.3d 735 (Mont. 2017). “In fact, after Bonogofsky submitted her written complaint with the Commissioner, the plain language of § 13-37-111, MCA, explicitly required the Commissioner to “investigate any other alleged violation” of Montana’s campaign laws included in the complaint.”
Montanans for Cmty. Dev. v. Motl, 216 F. Supp. 3d 1128 (D. Mont. 2016). “§ 13-37-111; Admin. R. Mont. 44.11.106. However, as discussed in section I.”
Montanans for Cmty. Dev. v. Motl, 54 F. Supp. 3d 1153 (D. Mont. 2014). “321, MCA § 13-37-111, and ARM 44.10.307(3) and (4) (collectively referred to as “Montana’s election disclosure laws”).”
— Mont. Code Ann. § 13-37-111(2) — 1 case
Comm'r of Political Practices for the State Ex Rel. Mangan v. Wittich, 400 P.3d 735 (Mont. 2017). “In fact, after Bonogofsky submitted her written complaint with the Commissioner, the plain language of § 13-37-111, MCA, explicitly required the Commissioner to “investigate any other alleged violation” of Montana’s campaign laws included in the complaint.”
— Mont. Code Ann. § 13-37-111(2)(a) — 1 case
Comm'r of Political Practices for the State Ex Rel. Mangan v. Wittich, 400 P.3d 735 (Mont. 2017). “In fact, after Bonogofsky submitted her written complaint with the Commissioner, the plain language of § 13-37-111, MCA, explicitly required the Commissioner to “investigate any other alleged violation” of Montana’s campaign laws included in the complaint.”
— Mont. Code Ann. § 13-37-111(2)(b) — 1 case
COPP v. Repub. Party, 2021 MT 99 (Mont. 2021). “It may examine documents, Mont. Code Ann. § 13-37-111 (2)(b), or require the production of documents, Mont.”
— Mont. Code Ann. § 13-37-111(2)(c) — 1 case
COPP v. Repub. Party, 2021 MT 99 (Mont. 2021). “It may examine documents, Mont. Code Ann. § 13-37-111 (2)(b), or require the production of documents, Mont.”
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