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The comments, recorded on audio first published by the Daily Beast and subsequently obtained by CNN, feature the candidate, Matt Rosendale, speaking to Chris Cox, a chief strategist of the company. Institute for Legislative Action of the NRA and group projects against Democratic Senator Jon Tester, a red state, is due to be re-elected in the fall.
The Tester-Rosendale race is one of the most-watched competitions in the Senate, with Rosendale seeking to capitalize on Donald Trump's popularity in a state that the president has won by 20 points in 2016.
"Outside groups are spending on your behalf?" an unidentified interrogator asks Rosendale in the audio.
"Yes," Rosendale answers. "So the Club for Growth has already started, there is another group that has already started, I do not even remember their name now, they've just started, so outside groups have already started working. The US House will come in and I think the NRA will come in. I think both of them are coming, probably right here in August. "
"It's a great race for the NRA," adds the questioner.
"Big, the Supreme Court confirmations are big – that's what prompted the NRA to intervene, because in 12, with Denny (Rehberg), they stayed in. They stayed out of Montana. But Chris Cox said, "We will participate in this race."
According to Federal Election Commission records, ARN-ILA spent more than $ 400,000 on TV commercials between Tester in early September.
At issue: NRA-ILA, a non-profit organization 501 (c) (4), is prohibited from co-ordinating independent expenses – such as advertising against Tester – with a federal campaign such as Rosendale's.
The tester campaign took advantage of the news to make Rosendale an outsider. Chris Meagher, the communication director of the tester campaign, said, "This recording raises serious concerns about the possible illegal coordination between Matt Rosendale and a group of outside money coming to Montana to support him."
The Rosendale campaign and the NRA-ILA both denied violating the campaign's funding rules and declared that they had only discussed an approval.
The campaign acknowledged that it is Rosendale speaking on the tape.
The campaign statement says that "it's a funny despair on the part of Jon Tester and that it's totally groundless." The only thing this audio proves is that Matt asked for approval of the NRA – and we are proud to have never discussed anything beyond the process of membership and membership of the organization. "
Jennifer Baker, NRA-ILA's Director of Public Affairs, said that "NRA-ILA has never discussed with Matt Rosendale or his communications campaign or activities beyond our members." otherwise is completely wrong. "
According to the ECF regulations, there is a "three-part test" to determine the illegal coordination: payment, content and behavior. The three elements must be satisfied for coordination to be established.
Christian Hilland, press secretary of the FEC, noted that the commission could not comment on any issues of implementation, but explained that, globally, the coordination rule "comes into play when an individual or a political committee pays for a coordinated communication with a candidate or party committee. If the coordination of the communication occurs, the result is a contribution in kind to the federal candidate. "
13-year-old CEF General Counsel Larry Noble told CNN that Rosendale's comments "clearly raise questions about whether the NRA has illegally co-ordinated its advertising campaign with Rosendale."
"In his comments, Rosendale refers to a conversation he had with Chris Cox in which he was told that the NRA would be involved in his race," Noble said. "If the NRA and Rosendale campaign focused on the content, issues or strategy of the ads or if Cox approved the NRA ad campaign, the money NRA-ILA spent coordinating with Rosendale could an illegal contribution to his campaign. "
"Not only does this raise issues under federal election finance legislation, but it could also raise issues under the Internal Revenue Code." Rosendale's comments are clearly sufficient for the FEC to investigate the question"
Brendan Fischer, director of the campaign's legal center reform program, said his group was considering filing a complaint with the FEC about Rosendale's comments.
"If the external group goes to the candidate and says:" We will run ads during this period, with this message ", and the candidate agrees, this is also considered coordinated," said Fischer.
Anne Feldman, spokeswoman for End Citizens United – a political action committee tasked with restructuring campaign funding and overturning Citizens United, the 2010 Supreme Court ruling – said the US government has said it will not be able to do anything. audio "raises real concerns about illegal coordination between Rosendale and NRA ILA."
"The NRA spends this money because they know they can influence Rosendale to vote," Feldman said. "They tell him that they're going to spend, it's just an illegal coordination."
Rosendale's campaign referred CNN to Brad Smith – a former Republican commissioner appointed by President Bill Clinton – who said he listened to the audio and heard "absolutely nothing wrong".
"This is in no way a coordination," he said. "It's not enough to tell people that we think we're involved in your journey."
He added: "I just did not hear anything that would have made me concerned as a lawyer".
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