Group Claims Feds Broke Montana Campaign Law

By Bob Anez, Associated Press Writer
Source: Associated Press

Helena -- A national organization that successfully promoted a 2004 ballot measure legalizing marijuana for medical purposes claims the national drug czar's office violated Montana law by not filing reports on what it spent to fight the initiative. In a complaint filed with the state political practices commissioner Wednesday, the Marijuana Policy Project said the White House Office of National Drug Control Policy and Scott Burns, deputy director, failed to report spending related to a visit Burns made to Montana last fall to voice opposition to Initiative 148.

The organization said it filed similar complaints in Oregon and Alaska this week.

"Montana law requires those who campaign for or against an initiative to disclose their expenditures," said Steve Fox, director of government relations for the marijuana group.

The federal agency "publicly and actively campaigned against I-148, but failed to make the legally required campaign finance disclosures," he said. "For an administration that trumpets its efforts to advance democracy around the world to defy the most basic legal requirements of fair and honest campaigning is shocking."

Jennifer Devallance, press secretary for the drug czar's office, declined Thursday to comment on the legal issues raised in the complaint. But she said Fox's organization wants to use it "as a chilling effect to prevent people from speaking out against the dangers of marijuana."

The same complaint was filed in Nevada two years ago against John Walters, then the director of the office, after he campaigned in that state against a ballot measure to legalize the possession of small amounts of marijuana by any adult.

Nevada officials decided a few months later not to take action against Walters because he was carrying out the duties of his office, which include combatting marijuana legalization efforts. They cited an 1890 U.S. Supreme Court decision that federal officials are immune from state action when exercising the functions of their offices.

Burns came to Montana last October to discuss efforts to reduce the supply and demand of illegal drugs with local law enforcement, treatment center officials and others. But his three-city visit included criticism of I-148, which passed in the general election with 62 percent of the vote.

Fox said Montana's campaign finance laws require any groups or organizations actively opposing or supporting ballot measures to report how much they spent to do so. He said federal law allows states to require federal officials to comply with state laws so long as it does not prevent them from following federal law.

Source: Associated Press (Wire)
Author: Bob Anez, Associated Press Writer
Published: February 24, 2005
Copyright: 2005 The Associated Press
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