Can Montana ban ‘dark money’ in elections?
Hawaii, Oregon also take on corporate political spending
Political campaigns are awash in cash, thanks in part to U.S. Supreme Court decisions declaring that campaign contributions are a form of free speech. Montana voters are poised to push back with a proposed ban on corporate political spending.
What did the commentators say?
The November ballot measure is an attempt at “threading the needle” of the Supreme Court’s precedents, said The New York Times. Corporations that violate the proposed ban would have their state corporate registration revoked.
States, backers argue, have the right to “define corporations as ‘artificial persons’” that lack First Amendment rights, said the Times. Montana is not “necessarily associated with anticorporate sentiment.” But advocates say there is “widespread frustration” over the “influence of special interests” in Big Sky politics.
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“There’s just one catch” to the Montana plan, Jessica Levinson said at MS NOW. The Supreme Court has found that “corporations should be treated the same way as individuals” when it comes to the First Amendment rights associated with political contributions. Montana is “attempting a clever solution” to the problem of money in politics, but even if voters approve the measure, “it is doomed to fail in court.”
Money “will always play a role in politics,” John Westenberg said at the Missoula Current. The Montana plan, however, would be a “huge step” to keep that money “honest.” A ban on political spending by “artificial persons” like corporations, nonprofits and trade unions to feed the “dark money machines.” The aim is to “take dark money out of Montana politics.”
What next?
Nearly three-quarters of U.S. citizens believe “money in politics is a problem,” said Bloomberg. As such, other states are joining in the effort to limit corporate political spending. Hawaii has already passed a Montana-style law, which is being challenged in court. And “reformers” in Oregon are pushing for a similar ballot measure, said Oregon Public Broadcasting. Such efforts have “national momentum right now,” Jason Kafoury of Honest Elections Oregon said to the outlet. Expect the Supreme Court to offer the last word.
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Joel Mathis is a writer with 30 years of newspaper and online journalism experience. His work also regularly appears in National Geographic and The Kansas City Star. His awards include best online commentary at the Online News Association and (twice) at the City and Regional Magazine Association.