HELENA — The Montana Supreme Court has dismissed a lawsuit challenging the legality of a proposed ballot initiative that would keep corporations from spending money in Montana elections.
The suit challenging I-194 was filed by several groups that advocate for businesses in Montana, including the Montana Chamber of Commerce, the Montana Stockgrowers Association, the Montana Mining Association, and the Montana Petroleum Association.
The group alleged the ballot measure was unconstitutional because it restricted protected political speech. They’ve asked the court to stop it now, while supporters are still gathering signatures to get it on the ballot.
Backers of the initiative say states have the authority to limit what powers they grant to “artificial persons”, like corporations.
In the opinion authored by Justice Beth Baker, the court ruled that since the measure has yet to qualify for the ballot, it is too soon to rule on its constitutionality. The opinion also noted that the state’s highest court “does not issue advisory opinions.”
I-194 is sponsored by the Transparent Election Initiative, as part of what it calls “The Montana Plan.” It’s an attempt to go around the federal Citizens United decision by redefining the powers of corporations and other “artificial persons” to exclude spending money in elections. It would say any entity that spends in violation of that direction would forfeit its privileges under state law and have to get in compliance before asking for reinstatement.
Last month, Attorney General Austin Knudsen’s office ruled I-194 met the technical requirements to move forward to signature gathering. However, they said, because of previous court rulings, they were not able to rule on whether the content of a proposed ballot measure is unconstitutional.
In order for I-194 to qualify for the November ballot, TEI will need signatures from at least 30,121 registered voters, including a minimum number in at least 34 of Montana’s 100 state legislative districts.
