Tester files complaint over Butte debate

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HELENA--Democratic U.S. Senate candidate Jon Tester's campaign filed a complaint Tuesday charging that a corporate sponsor with close ties to Republican Sen. Conrad Burns received premium reserved seats at a Butte debate in violation of federal election law.

Montanans for Tester filed the six-page complaint with the Federal Election Commission over what happened in a debate between Tester and Burns Saturday night in Butte. The Montana Standard, Resodyn Corp. and Rhodia Chemical Co., sponsored the debate, with Resodyn and Rhodia each paying $200 to help rent the theater, while the Standard kicked in the other $100, plus some in-kind time.

The Tester complaint named Friends of Conrad Burns, its treasurer, James Swain of Billings, Resodyn Corp., and the Standard.

At the heart of the dispute is the fact that Resodyn received 50 reserved seats in the middle of the center section of the theater, and they were used by Burns supporters, who gave the senator a loud standing ovation when he was introduced. Resodyn's share of the seats had been estimated at 30 seats Monday, but was expanded Tuesday.

In addition, Rhodia received 10 seats at the back of the theater, and each Senate candidate was allotted 25 reserved seats in front of the left and right sections,

The remainder of the seats in the 1,230-seat Mother Lode Theater were available on a first-come, first-served basis. Attendance was estimated at 1,000 people, with the vast majority appearing to be Tester supporters.

Resodyn and Burns have a history of "mutual cooperation," the Tester complaint said, with Burns obtaining a number of federal grants for the Butte company, including a $10 million grant announced earlier this month.

"The facts demonstrate that Resodyn's contribution to the debate was a violation of the statutory ban on corporate contributions and expenditures in connection with a federal election," the Tester complaint said. "Resodyn, as a co-sponsor, structured the debate seating to ensure that Burns supporters were given prominent and visible positions and appears to have provided stickers supporting Burns to those who used Resodyn's reserved seating."

It said Resodyn used its $200 contribution to the debate to promote Burns' candidacy "in direct violation of the statutory prohibition on corporate contributions and the strict regulations requiring fair and nonpartisan candidate debates," the Tester complaint said. "The Montana Standard, if aware of Resodyn's conduct, failed to meet its obligations to structure the debate to avoid promoting or advancing one candidate over another."

Because of the "long-standing close relationship between Resodyn and Burns," it's "likely that Burns and/or those in his campaign knew of Resodyn's activities to support Burns and his campaign committee," the Tester complaint said. "Therefore, Resodyn's expenditures may constitute illegal in-kind contributions to Burns' campaign."

The Tester complaint cited a federal law explicitly prohibiting corporations from making donations or expenditures in federal elections. FEC regulations permit corporations to make certain donations for nonpartisan activities, including to help defray the expenses for candidates' debates, but only under limited circumstances, the complaint said.

"Chief among them is a strict requirement that the 'staging organization(s) does not structure the debates to promote or advance one candidate over another,' the Tester complaint said, quoting FEC regulations.

In response, Erik Iverson, senior adviser to the Burns campaign, characterized the Testser complaint as "bizarre."

"But who are we to stand in the way of a campaign that seems intent on self-destructing before our eyes," Iverson said. " So I'm more than happy to step back and watch them hang themselves in the court of public opinion. This may actually put Butte in play (poltitically)."

Iverson pointed out the complaint was filed by John Mudd, a Missoula lawyer and son of Jack Mudd, a Democrat Burns defeated in 1994.

"This is obviously politically motivated," Iverson said. "You've got the son of a guy that Conrad handily beat in 1994 as the only attorney that they were able to find to sign his name to this thing."

Montana Standard editor Gerry O'Brien said, "The Montana Standard believes it has staged a fair, impartial, successful debate for the voting public. The debate format, the questions posed to the candidates and the outcome of the debate, attended by more than 1,000 people, was not influenced at all by the corporate sponsors."

Resodyn President Larry Farrar could not be reached for comment.

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