Ken Miller Responds to “Robo-Calling” Charges [Audio]

Republican Gubernatorial candidate Ken Miller has been accused of breaking Montana State Law by using a technique known as "robo-calling" to reach out to voters before the primary election. The law at issue here is 45-8-216 which reads:

45-8-216. Unlawful automated telephone solicitation -- exceptions -- penalties. (1) A person may not use an automated telephone system, device, or facsimile machine for the selection and dialing of telephone numbers and playing of recorded messages if a message is completed to the dialed number for the purpose of:
(a) offering goods or services for sale;
(b) conveying information on goods or services in soliciting sales or purchases;
(c) soliciting information;
(d) gathering data or statistics; or
(e) promoting a political campaign or any use related to a political campaign.
(2) This section does not prohibit the use of an automated telephone system, device, or facsimile machine described under subsection (1) for purposes of informing purchasers of the receipt, availability for delivery, delay in delivery, or other pertinent information on the status of any purchased goods or services, of responding to an inquiry initiated by any person, or of providing any other pertinent information when there is a preexisting business relationship. This section does not prohibit the use of an automated telephone system or device if the permission of the called party is obtained by a live operator before the recorded message is delivered.
(3) A person violating subsection (1) is subject to a fine of not more than $2,500.

Many politicians have used robo-calling in the past, on both sides of the political aisle. As John Adams from the Great Falls Tribune points out in his article "GOP Candidate Ken Miller's robo-calls nothing new to politics," Democrat Denise Juneau used robo-calling in her successful 2008 bid to be Montana's Superintendent of Public Instruction. Those that use robo-calling in Montana say that the law is an unconstitutional abridgment of freedom of speech. Here's what Ken Miller had to say on this issue and the recent denial by the Commissioner of Political Practices to drop the campaign finance case currently underway.