Montana voters take on Citizens United with a ballot initiative to strip corporations and nonprofits of their political spending power
Supporters say states can redefine corporate powers without violating the First Amendment, while critics say the Supreme Court won't buy it
In 2010, the Supreme Court ruled in Citizens United that corporations possess a First Amendment right to spend money on influencing elections. Montana now faces a unique challenge: voters will decide on Tuesday whether to strip corporations, trade associations, nonprofits, and other entities of their political spending power through Initiative 194, also known as the Montana Plan.
If successful, the measure would change the powers granted to "artificial persons" in Montana, limiting them to only those necessary and convenient. This initiative aims to prevent corporations and nonprofits from spending money to support or oppose political candidates or initiatives, effectively cutting off the route for "dark money" spending.
Critics argue that the initiative still violates the 2010 Supreme Court ruling, while supporters believe the language of the ballot initiative doesn't contradict Citizens United. Instead, it redefines what corporations can do through corporate law. The Montana Plan could set a precedent for other states facing similar challenges in limiting corporate influence over elections.
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