Complaint alleges Doyle illegally influenced voters
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Montana Political Practices Commissioner Dennis Unsworth says his office has accepted a complaint alleging that Lake County Sheriff candidate Jay Doyle has illegally influenced voters during his campaign.
St. Ignatius resident Ken Scott filed the complaint Sept. 21, saying that Doyle violated a statute, Montana Code Annotated 13-35-214, that says candidates must not “promise to appoint another person … in order to aid or promote the candidate's nomination or election, except that the candidate may publicly announce or define the candidate's choice or purpose in relation to an election in which the candidate may be called to take part if elected.”
Scott’s complaint says that Doyle illegally influenced voters before the June primary elections by passing out flyers announcing Lake County Sheriff’s Lt. Mike Sargeant as his choice for undersheriff. And in recent weeks, ads in the Valley Journal have announced Karey Reynolds as Doyle’s choice for undersheriff.
“We’ve had two complaints over this type of thing in the past,” Unsworth said.
Both were in the 1990s, and the Commission didn’t find violations in either case.
But the Doyle case may have an important distinction, Unsworth added — the fact that the announcement of Doyle’s running mate came through an ad campaign. In the previous cases, the sheriff candidates announced their undersheriff choices in response to news reporters’ questions.
Unsworth also noted the Commission found that the statute on Illegal Influence of Voters is ambiguous.
Lanny VanMeter, secretary-treasurer for Jay Doyle for Sheriff, argues that the clause, “… except that the candidate may publicly announce or define the candidate's choice or purpose in relation to an election in which the candidate may be called to take part if elected,” means it’s okay for candidates in races like governor’s races or sheriff’s races to announce “running mates.”
“The only thing you can’t do is announce a running mate in order to get (the running mate’s) vote,” VanMeter said.
He added that before announcing any choices for undersheriff, Doyle’s campaign consulted with lawyers for the state’s Republican Party. Although VanMeter admitted the switch from Sargeant to Reynolds after the primary “looks bad,” he said Sargeant withdrew from the race because of health problems.
“Nobody could foresee Mike (Sargeant's) health issues,” VanMeter said.
Unsworth said the Commission’s next step in responding to the complaint is to ask Doyle for his side of the story.
“Jay will respond, along with the lawyers that have looked at (the issue),” VanMeter said.
