Montana Supreme Court: Ballot initiative to block corporate campaign donations is unconstitutional
The Montana Supreme Court on Tuesday sided with Attorney General Austin Knudsen’s previous finding that a proposed ballot initiative aiming to end corporate spending in political campaigns is unconstitutional.
A group of former public officeholders last summer proposed a constitutional initiative to prevent corporations from donating to political campaigns. Specifically, the initiative would have altered the law that applies to businesses, nonprofits and other incorporated entities that operate in Montana, prohibiting them from contributing to campaigns and political committees that work to influence election outcomes. It would also have prevented individuals from making anonymous political donations by giving money to corporations that then donate to political committees. The ballot issue was seen as a way to undo the U.S. Supreme Court’s Citizens United ruling that allowed for unlimited corporate money in politics.
The initiative would have needed to pass a series of administrative hurdles before it could appear on a ballot. Part of that process included a review by the state attorney general, and Knudsen in October rejected the proposed ballot initiative, saying it was legally insufficient because it affected more than one area of the state Constitution. Jeff Mangan, the initiative’s primary advocate and former state commissioner of political practices, told Montana Free Press at the time that he planned to challenge Knudsen’s decision in court.
The state Supreme Court on Tuesday affirmed Knudsen’s ruling that the ballot initiative violated Montana’s Constitution. Article XIV, Section 11, of the Constitution states that if more than one constitutional amendment is submitted, voters must be able to vote on each issue separately.
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The Supreme Court found that the proposed initiative would produce at least two constitutional changes. First, it limits the power of “artificial persons,” or business corporations, nonprofits and other entities. And second, it grants those same entities some powers unrelated to elections.
“… (I) n this case, a voter may want to limit artificial persons’ ability to spend money on election or ballot-issue activity but not limit any other powers that artificial persons may currently exercise in this state,” the Supreme Court ruling reads.
Mangan on Tuesday evening said his group would refile the ballot issue quickly.
“Montana has a citizens’ initiative process that we can all be proud of, one that allows Montanans to roll up their sleeves to enact positive change for the betterment of family, friends, and neighbors. I hear from Montanans every day how much corporate and dark money is damaging our political process. It is a privilege to work on a matter that is so important, and that is exactly what we will continue to do,” he wrote in an email.
“We appreciate and respect the work of the Court. We are grateful for the guidance and understand what the Court is saying. We will re-file by the end of this week.”
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Montana Free Press reporter Zeke Lloyd contributed to this story.
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This story was originally published by the Montana Free Press and distributed through a partnership with The Associated Press.