HELENA – A national Republican group began running a TV ad in Montana on Tuesday as part of an independent expenditure campaign in support of Lawrence VanDyke, a nonpartisan candidate for the state Supreme Court, and against his opponent, Justice Mike Wheat.
The Republican State Leadership Committee Judicial Fairness Montana PAC has booked nearly $110,000 in advertising time on Montana television stations through Election Day, Nov. 4, according to a media buy list obtained by the State Bureau.
The ad refers to the Montana Supreme Court granting a new trial for a convicted killer, but doesn’t cite the case, and says:
“Tired of stories like these? Then elect Lawrence VanDyke to the Montana State Supreme Court. Lawrence VanDyke is not a politician. He is an avid sportsman from Bozeman. Lawrence VanDyke will defend our constitutional rights, protect our property rights and enforce strict punishment for violent criminals. Lawrence VanDyke: no politics, no agenda, all Montana.”
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The group also released a similar radio spot. It’s also distributing a mailer that says that VanDyke “will fight to protect Montana’s way of life,” and calls Wheat an “activist” justice who is “out of touch with Montana.”
Wheat could not be immediately reached for comment.
Jill Bader, spokeswoman for the Republican State Leadership Committee, declined to say how much the group intends to spend here, saying, “We don’t give away our playbook.”
The Republican group is one of three groups that are running third-party independent expenditure campaigns in the Supreme Court race. One other group is running a pro-VanDyke and anti-Wheat independent spending campaign, while another group has launched a pro-Wheat, anti-VanDyke effort.
By law, these groups cannot coordinate with the candidates.
This outside spending figures to turn what was expected to be a quiet, low-budget Montana Supreme Court race into a high-profile contest. As of Sept. 5, VanDyke had raised about $78,000 to Wheat’s $59,000.
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After the U.S. Supreme Court’s 2010 Citizens United decision “unleashed unlimited independent spending in elections,” special interest groups spent a total $15.4 million in TV ads and other electioneering in high court races in the states in 2011-12, according to a study by the Brennan Center for Justice, Justice at Stake and the Helena-based National Institute on Money in State Politics.
“National groups better known for their efforts to influence presidential and congressional elections turned their sights on judicial contests in several states,” the study said.
The two other independent expenditure groups already have been distributing mailers in the Supreme Court race.
Montanans for a Fair Judiciary is a group running an independent expenditure campaign in support of VanDyke and against Wheat.
It is a cross-section of businesses and individuals that want “a more stable and business-friendly Supreme Court,” said its chairman, Jake Eaton of Billings, a Republican consultant. The group is running statewide radio ads and sending fliers statewide.
The third group, Montanans for Liberty and Justice, is the lone organization running an independent expenditure campaign in support of Wheat and against VanDyke.
It is a coalition of groups representing trial lawyers, women, conservationists, hunters and anglers and human rights advocates, said Al Smith, executive director of the Montana Trial Lawyers Association. It has booked $95,000 in statewide TV ads.
The three groups will have to report their spending to the state political practices commissioner on Oct. 23.
The Republican State Leadership Committee Judicial Fairness Initiative Montana PAC registered with the Montana political practices commissioner’s office on Oct. 1. The group is based in Washington, D.C., and listed Barry Usher of Billings, who lost a primary race for the state Senate in June, as its treasurer.
This committee has been active for a dozen years in down-ballot races below the level of governor, such as for attorney general, secretary of state and Legislature. In 2012, it made independent expenditures in support of Republican Tim Fox, who defeated Democrat Pam Bucy in Montana’s attorney general race.
In April, the Republican group launched its Judicial Fairness Initiative. It has been reported the group may spend about $5 million nationally on the effort.
The Republican State Leadership Committee reported raising $25.7 million and spending $21.5 million as of Aug. 4, according to the Center for Responsive Politics, a nonpartisan nonprofit Washington group. That money covers the group’s expenses for all of the political races, not just the high court races.
Its top donors are: Reynolds American (the tobacco company), $1.1 million; Blue Cross/Blue Shield, $958,500; U.S. Chamber of Commerce, $616,000; U.S. Chamber of Commerce and related entities, $496,000; and Koch Industries, $460,000.
Bader said the Republican State Leadership Committee has more than 100,000 donors in all 50 states. All are publicly disclosed to the Internal Revenue Service, she said.
Chuck Johnson is chief of the Lee Newspapers State Bureau in Helena. He can be reached by email at chuck.johnson@lee.net or by phone at (406) 447-4066 or (800) 525-4920.
