Montana Supreme Court: Ballot Initiative to Block Corporate Campaign Donations Is Unconstitutional
Source: U.S. News & World Report/AP
Jan. 7, 2026, at 1:26 p.m.
The Montana Supreme Court on Tuesday sided with Attorney General Austin Knudsens previous finding that a proposed ballot initiative aiming to end corporate spending in political campaigns is unconstitutional.
A group of former public officeholders last summer proposed a constitutional initiative to prevent corporations from donating to political campaigns. Specifically, the initiative would have altered the law that applies to businesses, nonprofits and other incorporated entities that operate in Montana, prohibiting them from contributing to campaigns and political committees that work to influence election outcomes. It would also have prevented individuals from making anonymous political donations by giving money to corporations that then donate to political committees. The ballot issue was seen as a way to undo the U.S. Supreme Courts Citizens United ruling that allowed for unlimited corporate money in politics.
The initiative would have needed to pass a series of administrative hurdles before it could appear on a ballot. Part of that process included a review by the state attorney general, and Knudsen in October rejected the proposed ballot initiative, saying it was legally insufficient because it affected more than one area of the state Constitution. Jeff Mangan, the initiatives primary advocate and former state commissioner of political practices, told Montana Free Press at the time that he planned to challenge Knudsens decision in court.
The state Supreme Court on Tuesday affirmed Knudsen's ruling that the ballot initiative violated Montanas Constitution. Article XIV, Section 11, of the Constitution states that if more than one constitutional amendment is submitted, voters must be able to vote on each issue separately. The Supreme Court found that the proposed initiative would produce at least two constitutional changes. First, it limits the power of artificial persons, or business corporations, nonprofits and other entities. And second, it grants those same entities some powers unrelated to elections.
Read more: https://www.usnews.com/news/best-states/montana/articles/2026-01-07/montana-supreme-court-ballot-initiative-to-block-corporate-campaign-donations-is-unconstitutional
in2herbs
(4,238 posts)Journeyman
(15,422 posts)make only one constitutional change per initiative and get both on the ballot at the same time.
On edit: It may delay the initiative but justice will out in the end.
Metaphorical
(2,596 posts)Their worry of course is that it is a back door approach for rolling back Citizens United. They should absolutely break it into two, but I'm sure there will, mysteriously be one more hoop to jump through after that, then another, then another.
Raven123
(7,548 posts)multigraincracker
(36,989 posts)Shipwack
(3,001 posts)
When we get back in power is put forward a Constitutional Amendment that states outright that corporations are not people, and the Bill of Rights do not protect them.
It might even have bipartisan support. Of course, enough corporate whores in congress (on both sides of the aisle) will probably prevent its passage. Its a conversation worth having though, regardless.