The Montana Republican Party complaint that Democratic Gov. Brian Schweitzer illegally made public service announcements after filing for re-election should be summarily dismissed, Schweitzer's attorney said Tuesday.

Mike Meloy, a Helena lawyer representing Schweitzer, urged Political Practices Commissioner Dennis Unsworth "to ignore the hyperbole" and toss out the GOP complaint for not stating any legal claim upon which relief may be granted. Unsworth has retained William Corbett, a University of Montana law professor, to serve as hearings officer in the dispute.

The Republican Party filed an ethics complaint against Schweitzer in April. It charged that Schweitzer, helped by two state employees, made radio public service advertisements, or PSAs, to promote National Agricultural Month.

Republicans called this a violation of a law signed by Schweitzer in 2005 that prohibits elected officials from doing PSAs after they file for office. Schweitzer filed for re-election on March 4, and Republicans said these PSAs featuring his voice were sent to radio stations around Montana three days later.

Meloy said the law prohibits state funds from being spent by elected officials on ads and PSAs once they are candidates for public office, but does not prohibit the use of "public time, facilities, equipment, supplies and personnel."

"Had the Legislature intended to prohibit candidates from using these things, as well as funds, it knew how to and should have done so directly as it did under (the law)," Meloy said.

As Montana's chief executive, Schweitzer "is perpetually called upon to make statements and comment issues relevant to Montana," Meloy said.

These PSAs promoting National Ag Month were aired for free and "consumed no greater state resource and gave the governor no greater 'advantage' than any other statement routinely made," Meloy said.

"Although Republicans try to cast the facts of this case as demonstrating the governor's efforts as self-promotion for political gain, the radio spots speak for themselves as to their public and benign purposes," Meloy said.

Meloy said Republicans have never argued that the law was intended to be an outright ban on officeholder-candidates appearing in ads or PSAs related to official public business. Republicans have said the ban covers only the use of state funds. Under the Republican interpretation, the governor could produce and distribute PSAs on public matters only if at his own expense or through his campaign treasury.

If the commissioner upholds the complaint, it would effectively prohibit officeholder-candidates from doing PSAs, Meloy said.

Attached to the legal brief was a sworn statement by Ron Zellar, public information officer for the state Agriculture Department, who said he received a request in late February from KXLO of Lewistown for a radio spot from Schweitzer supporting agriculture.

Zellar said he notified Sarah Elliott, Schweitzer's communications director, that KXLO requested a 60-second PSA promoting what the radio station employee called "National Ag Month."

"To the best of my knowledge, the term 'National Ag Month' was coined by KXLO, not by the governor or any state employee," Zellar said.

Republicans charged that the Schweitzer administration expanded National Agricultural Day into a National Ag Month "by creating a fictional event that lasted 30 days longer than the true event" to promote Schweitzer, his campaign slogan and his party at taxpayers' expense.