NEWS

Complaints against Lund dismissed

Phil Drake
pdrake@greatfallstribune.com

HELENA — Two campaign complaints filed against GOP candidate Hertha Lund in the Senate District 15 race were dismissed Wednesday by Jonathan Motl, the commissioner of political practices, who labeled one of the allegations as frivolous.

Fellow Republican Ryan Osmundson, in a complaint filed May 16 with Motl, said Lund violated Montana election law in a newspaper ad that ran in the Lewistown News Argus and Harlowton Times Clarion by making statements about his voting record as a state representative without citing a reference for the vote on which the information is based.

However, in the meantime, a federal judge in another case has ruled that law as unconstitutional.

“Candidate Osmundsen’s allegations of unfounded voting record claims by Candidate Lund may or may not be true,” Motl wrote. “Either way, the court has determined that the remedy for voting record issues is more information, that is to say more political speech is the remedy. Candidate Osmundson must respond in that light, in other words, with responsive speech.”

Lund said she had updated her ad, but would return to the original version.

“I think we should honor free speech, and you should defend yourself in the free market of ideas,” she said, adding the Legislature should not be given special treatment when it comes to the First Amendment.

Osmundson said his biggest issue was that claims were made in the ad were not true and candidates shouldn’t make claims of things that have never happened.

Osmundson, 37, Lund, 53, and Harry Klock, 68, are running to be the Republican candidate Nov. 8 for SD 15, but only one will advance beyond the June 7 primary. The winner will run against Democrat Sean McConnaha. None of the candidates is the incumbent.

Also, Motl dismissed a complaint filed by Harlowton resident Philip Wilsman claimed on May 11 that Lund had claimed false residency.

Motl said the claims have no merit. He said Lund has listed her residency as Martinsdale. She and her husband have a ranch in Lennep and list Martinsdale as their mailing address. They pay taxes, register vehicles and vote in Meagher County.

He said she is in accord with the state Constitution and standards.

Motl said the complaint is frivolous because it “cites unsubstantiated facts as a basis for restriction of a democratic act, the filing of a declaration of nomination.”