by Jill Davies, BCAG, Victor
Summary: Montana’s 1912 Corrupt Practices Act ended in 2012 when the Supreme Court struck it down. This solidified the Citizens United decision of 2010 and unleashed the flow of money once again.
History: In the late 1800s and early 1900s, wealthy mining barons literally bought Montana politicians, courts, and local governments to control state policy. Tired of this heavy abuse, Montana voters passed the Corrupt Practices Act through a ballot initiative to stop corporations from spending money on candidate elections. The law successfully blocked direct and independent corporate political expenditures in the state for nearly 100 years.
In 2010, the U.S. Supreme Court ruled in Citizens United v. FEC that independent corporate political spending is protected free speech under the First Amendment. Conservative groups sued to overturn Montana’s ban. Then-Attorney General Steve Bullock defended the state law. He argued that Montana’s unique, proven history of severe corporate corruption justified keeping the restriction. The Montana Supreme Court overwhelmingly upheld the state law, stating that the dangerous corruption of the past proved why the statute was still necessary.
In 2012, the U.S. Supreme Court issued a summary reversal in American Tradition Partnership v. Bullock, striking down Montana’s century-old law. The high court made it clear that the logic of Citizens United applied to the states as well, effectively ending Montana’s unique ability to ban independent corporate spending in local and state elections.
Now, we have a new ballot initiative (I-194), The Montana Plan, to stop the flow of undisclosed (dark) money in our elections once again. And because this is being fought by big corporate money…like mining, utilities, fossil fuel companies…which have enlisted the Montana Chamber of Commerce…we are asking small businesses to endorse our initiative. Their business name and statement of support will be posted on this website, below. You can also see who has already joined. Visit this link: mainstreet.mttei.org.
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