“The difference in this complaint is that advertising paired up a candidate with a certain person,” he said. In previous cases, he said, potential undersheriffs had been named in response to a news reporter’s question.

The previous decisions, Unsworth said, had also found the statute “ambiguous.”

After saying a candidate cannot promise to appoint another person to a position in an effort to sway voters, it goes on to make an exception where “the candidate may publicly announce or define the candidate’s choice or purpose in relation to an election in which the candidate may be called to take part if elected.”

Jim Brown, attorney for the state GOP, said at the request of the Lake County Republican Central Committee chairman he conducted a “limited legal review” into a sheriff’s candidate naming an undersheriff prior to an election.

He said he found nothing prohibiting it, but – as he does with all such inquiries – also told chairman Brent Madsen his findings did not constitute a legal opinion.

“To clarify,” Brown said, “I am counsel for the Montana Republican Party. I am not counsel for any sheriff candidate.”

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