Montana voters take on Citizens United with a ballot initiative to strip corporations and nonprofits of their political spending power

Source: Fortune ·

Montana voters take on Citizens United with a ballot initiative to strip corporations and nonprofits of their political spending power

Supporters say states can redefine corporate powers without violating the First Amendment, while critics say the Supreme Court won't buy it

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Sixteen years ago, the Supreme Court decided in the Citizens United case that corporations have a First Amendment right to spend money to influence elections. On Tuesday, Montana voters will decide whether their state can take that power away. Initiative 194, also known as the Montana Plan, would strip corporations, trade associations, nonprofits, and other organizations of the legal power to spend money supporting or opposing a political candidate or ballot initiative in Montana. Backers say they’ve found a way around Citizens United, while critics argue the semantics of the ballot initiative still violate the 2010 Supreme Court ruling. Rather than ban corporate political donations outright, I-194 would change the powers Montana grants to corporations and other entities it refers to as “artificial persons,” limiting them to only those powers that are “necessary and convenient.” The measure would apply to entities that do business or hold property in Montana, but exempts political…

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