A postcard that came under fire from Montana Secretary of State Christi Jacobsen is not a violation of Montana’s code of ethics or other campaign laws, Commissioner of Political Practices Chris Gallus said Friday in response to a complaint.

In a letter rejecting the complaint, Gallus said the mailing could be viewed as partisan but that doesn’t mean it creates a violation under his jurisdiction.

Last week, a Harlowton voter filed a complaint alleging the Secretary of State’s Office should not have used taxpayer dollars to pay for the postcard, which said “only citizens should be allowed to vote.”

The Secretary of State’s Office has not responded to a question about the cost of the postcard or how many Montanans received it. Montana has nearly 785,000 registered voters.

The postcard announced a partnership with the federal government to “strengthen election security” and featured a picture of Secretary Christi Jacobsen and President Donald Trump.

The complaint said the postcard pushed a false narrative that “elections are rigged” and “someone other than citizens” are voting.

However, Gallus said the complaint does not clearly allege any violation of statute over which he has jurisdiction. He also said elected officials have a responsibility to communicate with citizens, and voters elected the Secretary of State based in part on her political leanings.

“Expecting that all communication following an election would be devoid of a political bent so as to avoid any criticism or open debate is unreasonable and impracticable,” Gallus wrote in the letter.

Gallus said he wanted to address the complaint in detail because his office has received numerous inquiries about the postcard in relation to “the use of government funds or resources.”

“Montana’s elected officials routinely provide communications to Montana citizens which under a certain lens may appear to be political,” Gallus wrote. “Montana laws do prohibit the use of public resources for political purposes.”

But he said he and staff in his office reviewed the mailer, and it does not appear to violate any provision of the Montana Code of Ethics or any campaign regulation because it “does not have a political purpose” as defined by law.

In making that determination, he said, he looks for words that solicit support or opposition to any political committee; nomination or election of a person to public office; or passage of a ballot issue. That means language such as “vote,” “oppose,” “support,” “elect,” “defeat,” or “reject.”

Gallus said his office also looks at whether material depicts a clearly identified candidate, party or ballot issue “in a manner that is susceptible of no reasonable interpretation other than as a call for the nomination, election or defeat” of the candidate or issue.

Gallus said it is a high bar, and the postcard doesn’t meet the threshold. He said neither Jacobsen or Trump are currently running for office, and the mailing doesn’t include any express words of support.

“Public officials have associated duties, which include communicating with constituents,” Gallus wrote. “For Montana’s Secretary of State, this means communicating with all voters regarding elections, voting and the SOS positions on citizen only voting, which she appears to be doing here.”

In a subsequent news release, the Secretary of State’s Office said it had identified 23 potential non-citizens who had voted. A spokesperson did not answer questions about when they most recently voted, what counties they had voted in, or what the next steps would be.

Missoula County Elections Administrator Bradley Seaman said earlier the 23 potential non-citizens indicated the current system is working well; it represented 29-one-thousandths of 1 percent of voters.

Seaman also said it is important to address those findings as soon as possible. He pointed to a recent tied vote in Missoula County where one vote would have made a difference. (In that case, a council race, the Missoula City Council made the appointment.)

To vote in Montana, people need to be a U.S. citizen, at least 18 years old before the election, and a Montana resident for at least 30 days before the next election.

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