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Montana Voters Face Ballot Vote on Corporate-Spending Ban

By Drooid · · How we work

Core Event: Initiative 194 (“The Montana Plan”) Qualifies for the Ballot

Initiative 194, dubbed “The Montana Plan,” seeks to prohibit corporations and 501(c)(4) organizations from spending on elections unless they register as political committees. After a three-month, all-volunteer drive that gathered roughly 50,000 signatures—well above the 30,000 required—the measure was certified by Secretary of State Christi Jacobsen. If approved, it would become the first statewide ban on corporate political spending in a generation.

Background & Context

Montana’s campaign-finance history includes the 1912 Corrupt Practices Act, which limited corporate and candidate spending. The 2010 Supreme Court decision in *Citizens United v. FEC* overturned those limits nationwide, allowing unlimited corporate expenditures. In recent cycles, Montana has seen record-high spending: right-leaning PACs poured more than $2 million into Republican primaries, while the Progressive Vet PAC spent nearly $3 million in a Democratic Senate primary. Jeff Mangan, former commissioner of political practices, partnered with Thomas Moore of the Center for American Progress to craft a state-level strategy that leverages the 10th Amendment rather than the First Amendment.

Data & Statistics

  • Primary-race spending: > $2 million by Americans for Prosperity, Accountability in State Government, and the School Freedom Fund; ~ $3 million by the Progressive Vet PAC.
  • Public opinion: An Issue One poll last October found 74 % of Montanans supported a hypothetical measure to limit political spending.
  • Signature drive: 50,000 signatures collected in just over three months, surpassing the 30,000 threshold.

Official Statements & Responses

  • Christi Jacobsen certified the initiative after confirming the surplus of signatures.
  • Attorney General Austin Knudsen previously attempted to rewrite two ballot initiatives, signaling a willingness to challenge measures that affect corporate interests.
  • Tiffany Muller, president of End Citizens United, expects “significant legal resistance” once the measure passes.

Criticism & Opposition

Opponents, led by the Montana Chamber of Commerce and allied industry groups, contend that the initiative threatens funding mechanisms for local projects. The Republican Party of Montana passed a resolution opposing I-194, framing it as contrary to the state’s “red” political orientation. Critics also question the constitutional viability of the proposal, noting the Supreme Court’s current conservative majority has repeatedly rejected attempts to limit political spending.

On-the-Ground Reports

A recent Q&A at Billings’ Alberta Bair Theater, moderated by retired Justice Mike Wheat, drew a sparsely filled audience dominated by retirees. Speakers included former independent congressional candidate Gary Buchanan, former Democratic Senate candidate Jon Tester, former Republican Governor Marc Racicot, and attorney Gene Jarussi. Chamber representative Todd O’Hair withdrew from the debate, leaving the Chamber absent from the stage. Buchanan remarked on the Chamber’s non-attendance, while Tester and Racicot shared anecdotes about past campaign practices.

Conflicting Reports & Gaps

  • Polling Gap: No poll has measured voter sentiment toward the exact wording of I-194, leaving uncertainty about how the measure will perform.
  • Legal Uncertainty: Supporters cite the 10th Amendment as a defense; opponents argue recent Supreme Court rulings make it unlikely the measure will survive constitutional scrutiny.

What’s Next

Initiative 194 will appear on the November ballot. If approved, it faces immediate legal challenges from the Montana Chamber and other industry groups, with the possibility of escalation to the U.S. Supreme Court. Advocates view the measure as a “laboratory of democracy” that could inspire similar reforms in other states.