On Sept. 21, Mangan dismissed a separate complaint brought against the super PAC by the national watchdog nonprofit Center for Media and Democracy. CMD filed the complaint in August alleging that CSPF violated state law by concealing the true source of its funding. The super PAC, which spent more than $126,000 in Montana, got more than a third of its money from an Arizona-based political nonprofit called Conservative Action for America, which, like other so-called dark money groups, is not required to disclose its donors. Based in part on the fact that Conservative Action for America was created by CSPF’s founder, Richard Johnson, CMD claimed that the money used for candidate research, fliers and radio ads in Montana came from “straw-donor contributions.”
In a response filed with Mangan’s office, both groups characterized CMD’s complaint as lacking supporting evidence. Mangan ultimately agreed in his decision last month, writing that neither he nor the complainant had uncovered evidence that Conservative Action for America had solicited donations expressly for use in messaging in Montana elections. Without such evidence, the state “does not have jurisdiction” over the nonprofit, Mangan wrote, adding the CSPF “properly and appropriately” named the nonprofit as a contributor.
CMD Executive Director Arn Pearson told Montana Free Press via email this week that his organization is “disappointed” by Mangan’s dismissal of the complaint.
“But note that the commissioner did not address the merits,” Pearson added. “CMD stands by its assertion that the group formed a fake [nonprofit] in Arizona to hide the identity of major donors to its super PAC, and will pursue the matter in other states. Voters should be very wary about putting the fate of the U.S. Constitution in the hands of a radical group that goes to such lengths to hide who bankrolled its big money attempt to influence Montana’s primaries.”