The Sidney herald., 1956-10-25

OF us, untintentionally, could be
lawbreakers.
Under laws, some of them near
ly as old as the state itself, the
way of a candidate for public
office could be hard, his good
motives Notwithstanding, if he
failed to watch his step closely.
But as candidates themselves,
and the general electorate as well,
seem hardly aware of some of
these provisions, what is termed
the corrupt practices act is pref
ty much a dead letter in our
statutes or in some instances its
intent Is easily circumvented.
Not a few of us, without ever
suspecting it, may become cul-
prits in some degree and could
be fined and jailed if a prose-
cutor with zeal for literal en-
forcement were to proceed against
us. There is little likelihood,
however, that any of us will be
slapped with these laws unless
our transgressions are SO fragrant
that tolerant public opinion be-
comes outraged.
Montana's body of laws design
ed to protect the integrity of
elections had its origin in our
period of statehood in the penal
code of 1895 and was supple
mented and extended through the
corrupt practices act initiated by
the people in 1912 - initiated
and then rather forgotten. The
year 1912 was an era of election
reform. The idea was to make
politicians and the electorate
honest, even against their will.
And it was the idea that hence
forth the well heeled aspirant to
public office would be cut down
to the general level, SO that the
poor man would have the same
chance as the rich man. Under
our laws a candidate for nomi-
nation may spend no more, per-
Sonally, than Is percent of a
years salary of the office he
seeks. In the general election he
is limited to 10 percent, but in
either case he may shell out al
much as $100 regardless of salary.
Moreover, if the candidates
kinfolk and certain associates
contribute to his campaign, it is
the same as though the candidate
paid it himself. In two sections
of the 1912 initiative, pertaining
to candidate expenditures, there
&c the following.
For the purposes of this law,
the contribution, expenditure, or
liability of a descendant, ascen-
dant, brother, sister, uncle, aunt,
nephew, niece, wife, partner,
employer, employee, or fellow Of
fetal or fellow employee of a
corporation shall be deemed to be
that of the candidate himself"
Note that cousins and grand
parents are not specifically men
toned, although it may be that
they are included by implication
Or perhaps the trainers of the
law felt this might be letting the
matter get a bit out of hand. Note,
too, that there is no reference to
relatives-in-law. This could be
on the assumption that, in gen.
eral, those related through mar
riage - sometimes even a wife
or husband - don't want the cam
didate to win anyway and that
If they contributed at all 1t
would be to his opponent.
No corporation, or majority
stakeholder of defined corpora
tons, is permitted to contribute
to a political candidate or party,
and anyone who solicits such a
contribution is likewise culpable.
Appointive public officers and
employees are supposed to get
a break. They must not dig up
for political purposes. To put the
toucn on them is illegal. This
may be news to persons who are
given the hint that they had
better kick through or else.
If your sporting blood goads
you to bet on elections, you had
better read what the 1895 penal
code says about that:
Every person who makes, Of
fers or accepts any bet or wager
the result of any election,
or upon the ucces DR. failure OF
any person or candidate, OF upon
the number of votes to be cast
either in the aggregate or o any
particular candidate, or upon the
vote to be cast by any person,
is guilty of a misdemeanor."
The 1912 statute adds some
flourishes of its own.
And then there is the matter Oh
treating:
Amy person or candidate who
shall, either by himself or by any
other person, either before or
after an election, or while such
person or candidate is seeking a
nomination or election, directly or
indirectly, give or provide, or
pay, wholly or in part, the ex-
penses of giving or providing any
meat or drink, OF any other en-
tertainment or provision, clothing,
liquors, cigars or tobacco, to or
for any person for the purpose
Or with the intent or hope to
that person, or any 9TH
er person, to give or refrain from
giving his vote at such election
70 or for any candidate or politi-
cal party ticket, or measure be-
fore the people, Or on account OF
such person, or any other person,
voted or ~refrained from
voting for any candidate or can
1idates of any political party or
organization or measure before
he people, or being about to
Toto or rofrain from voting at