Senate confirms Motl after hot debate

HELENA – Sen. Jennifer Fielder told the Montana Senate that confirmation of Jonathan Motl as the state's commissioner of political practices will influence whether she runs in the next election.

"Whether I want to subject myself to a tyrant who is supposed to be a referee will be a major factor on whether I decide to serve the state of Montana any more," the Thompson Falls Republican said. "I have no doubt he will use the power of his office to come after conservatives like me."

The Senate voted 29-21 to confirm Motl as commissioner Friday. Motl has served as COPP since Gov. Steve Bullock appointed him in 2013, and his term continues with confirmation through next year.

The Helena attorney has decided 120 campaign practice cases since he was appointed by Bullock in 2013. Motl has come under fire during those two years for what opponents call a bias against Republican candidates, though Democrats said Motl decisions more often favor Republican candidates.

Republicans said Motl's aggression is a deterrent to running for office.

Sen. Jon Sesso, D-Butte, said the position needs stability and previous Legislatures' inability to confirm nominees has turned the role, policing Montana's elections, into a revolving door since 2010 "when all this money started raining down on us" after the Citizens United U.S. Supreme Court case lifted limits on how much groups could spend in elections.

"It's not the same anymore. As citizen Legislature we are intimidated, but it has far less to do with the 'cop' and far more to do with the sea change and landmark decision associated with all the dark money," Sesso said. "This is a tough job in these times. That's what's wrong with our political process."

Sen. Dee Brown, R-Hungry Horse, said Motl is a litigator but the position needs a teacher.

"He's a litigator, and he's darn good at it," she said. "As a litigator, he loves that arena."

Earlier this week, the Senate State Administration Committee, which Brown chairs, voted on party lines against the confirmation. The Senate voted to bring Motl's confirmation to floor for debate anyway.

Sen. Fred Thomas, R-Stevensville, said he's probably called the Office of Political Practices 20 or 30 times for help but told Motl, "from now on, I'm not calling your office. I don't expect to get a nonpartisan, fair deal from you.

"It's partisan activism that's run amok in this position since the last administration, and it was not that way before," he said. "We need to go back to simple balance."

Opposing Motl made him feel like he's put a target on his back, said Sen. Jedediah Hinkle, R-Bozeman. He objected to Motl having registered as a lobbyist and emailed Democrats about how to vote on a bill this session.

The way the office of political practices is design, with power invest in an appointed position, is the problem, said Sen. Taylor Brown of Huntley.

Brown was among eight Republican senators who joined Democrats to confirm Motl, voting yes along with Ed Buttrey of Great Falls, Llew Jones of Conrad, Rick Ripley of Wolf Creek, Duane Ankney of Colstrip, John Brenden of Scobey, Bruce Tutvedt of Kalispell and Pat Connell of Hamilton.

"This needs to be a position that answers to something other than a partisan governor," such as a supervisory board, Brown said. "This system doesn't work and it's not an issue of whether a Democratic governor is going to appoint a Democrat. We need to think about how to set up a system that doesn't cause this conversation."

Sen. Matthew Rosendale took issue with the "absolute power" and ensuing corruption inherent in the structure of the position.

The Glendive Republican said Motl isn't impartial or unbiased since he contributed to the governor's campaign and "there is a 277-page complaint against Gov. Bullock that's been on the commissioner's desk for two years."

Sen. Jonathan Windy Boy said to those who don't want Motl knocking on their doors, "Don't break the law."

The Associated Press contributed to this story.

Reach Tribune Staff Writer Kristen Inbody at kinbody@greatfallstribune.com. Follow her on Twitter at @GFTrib_KInbody.