Montana is taking on the billionaires

A good friend flagged this news last night. After this weekend, maybe you need some light at the end of the tunnel as well.
A proposed ballot initiative in Montana aims to “limit corporate spending in Montana elections.” Naturally, the Big Money Boyz challenged it in court. And lost last week in a unanimous decision from the Montana Supreme Court (The Daily Montanan):
In a unanimous decision, the court said reviewing the constitutionality of an initiative is “disfavored” because Montanans have a right to go through the initiative process.
Organizers behind the Transparent Election Initiative were cleared to begin gathering signatures last month to put I-194, or Ballot Issue 10, on the ballot in November.
The statutory initiative, dubbed “The Montana Plan,” would create a new Montana law to prohibit corporations — known in law as “artificial persons” — from spending money on political candidates or ballot issues. The Montana Plan is a direct challenge to the federal Citizens United ruling wherein the U.S. Supreme Court said that the power to spend money in elections is tantamount to free speech.
Well then, the Montana Mining Association, the Montana Chamber of Commerce, Montana Stockgrowers Association, Montana Petroleum Association, Montana Trucking Association, Montana Contractors Association, Treasure State Resource Association, and the chambers of commerce in Billings and Kalispell got all up in the grill of the initiative’s backers. They’ve grown accustomed to throwing their weight (and their money) around and want to keep doing it.
Corporate campaign spending is not about the voice of the people or free speech. It’s an investment with potential for a high ROI.
The Transparent Election Initiative’s website declares, “The Montana Plan is a breakthrough legal strategy to beat Citizens United and take back our politics. Montana can do it, and your state can too.” How?
“The Montana Plan uses the State’s authority to define what powers corporations get, effectively bypassing Citizens United by removing the power to spend before the question of rights even arises.” The Harvard Law School’s Forum on Corporate Governance explained last summer:
The constitutional initiative under development in Montana would revoke all previously granted corporate powers and then regrant them in a positive, carefully defined way, with political spending powers omitted.
This structure draws upon two centuries of Supreme Court jurisprudence regarding corporate powers. The Court has held that states may define, limit, or revoke corporate powers for any reason, or for no reason at all. “That body need give no reason for its action in the matter,” the Court held in Greenwood v. Freight Co. (105 U.S. 13, 17 (1882)). “The validity of such action does not depend on the necessity for it, or on the soundness of the reasons which prompted it.”
This doctrine applies with equal force to “foreign corporations,” those chartered out of state but doing business within Montana. As the Court held in Paul v. Virginia (75 U.S. (8 Wall.) 168, 181 (1869)), a corporation “can have no legal existence beyond the limits of the sovereignty where created,” and any other state may decline to grant it powers that are “prejudicial to their interests or repugnant to their policy.”
Or to their polity. I don’t see where Sen. Elizabeth Warren has weighed in on this, but she’d likely be all in. With gusto.
The Daily Montanan again:
According to a national YouGov Survey from last fall, 79% of respondents, including 74% of Republicans and 84% of Democrats, agree that “large independent expenditures by wealthy donors and corporations in elections give rise to corruption, or the appearance of corruption.”
On Wednesday, former Secretary of Labor Robert Reich, who served under President Bill Clinton, released videos across social media drawing attention to the issue, saying “a very unlikely state is leading the way first-of-its kind plan,” which would “effectively neuter Citizens United.”
Robert Reich explains:
KTVH reported in March that a constitutional amendment in Montana “would require 60,241 signatures and a minimum number in 40 districts.” That means a substantially higher number of signatures will be needed to withstand the inevitable challenges by the business interests. Backers might have as little as twelve weeks to gather as many as 100,000 signatures in heavily rural Montana. That’s roughly one in 10 Montanans, or one in four residents of its seven largest cities (with only Billings over 100,000 in population). The effort must also include at least 10% of voters in at least 40 legislative House districts. So no small lift.
TEI is accepting donations. Consider your ROI when making one to undercut Citizens United. I just did.
(h/t BF)













