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Montana government, elections and legislative news

Dark money ballot initiative receives Montanans’ support – and a legal challenge

BALLOT LANGUAGE FOR INITIATIVE NO. 194 (I-194)
INITIATIVE NO. 194
A LAW PROPOSED BY INITIATIVE PETITION
I-194, if passed, limits the powers of artificial persons to those powers necessary or convenient as provided by law. These powers must exclude contributing anything of value to candidate elections, supporting or opposing political parties, or supporting or opposing state or local ballot issues. Artificial persons include non-profits, trusts, partnerships, corporations, trade associations, or unincorporated associations and includes all such entities doing business in Montana. Any violation of I-194 is punished by forfeiting all privileges to do business in Montana. Those privileges may be, but are not automatically, restored upon disgorgement and certification of compliance with I-194. I-194 does not apply to the distribution of news, commentary, or editorial content. I-194 also does not apply to the state of Montana, political subdivisions, individuals, political committees, or public corporations.
Montana Public Radio
Ballot language for Montana initiative 194, also known as The Montana Plan.

Ballot initiative 194, or the Montana Plan, will only allow individuals to spend on Montana elections. That means businesses, corporations and political groups with anonymous donors cannot donate.

The Institute for Free Speech is a Washington D.C.-based nonprofit advocacy group. The nonprofit filed a legal challenge on election day. It argues the measure will silence those groups.

Russ Cleveland is with the Transparent Election Initiative, which proposed the ballot question.

“The response to that is simple: if you want to spend, you simply have to do it now through political committee, whose donors are individuals, not shell companies or multiple layers of corporations that we can’t trace back to the individual donor,” he said.

Cleveland said voters have the right to see who’s trying to influence their vote through TV ads or flyers in their mailboxes. Backers also say it’ll reduce overall political spending.

Montana Chamber of Commerce President Todd O’Hair disagrees.

“I don’t think Montana voters will see any discernible difference at all in their mailboxes or their inboxes or the TV ads that they see,” he said.

O’Hair said small Montana businesses will be silenced.

The Institute for Freedom in its lawsuit argues the Montana Plan violates the 2010 Citizens United decision. That protected businesses’ and other groups’ right to spend on elections. The nonprofit also filed a legal challenge against a similar law in Hawaii.

Cleveland said the Montana Plan’s supporters are ready to defend it.

If it passes legal muster, the Montana Legislature will be required to codify the measure into law. Cleveland also expects lawmakers who oppose the initiative will attempt to water it down.

Aaron is Montana Public Radio's Flathead reporter.
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