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"More than 500 Montanans gathered signatures in all 56 counties, without a single paid signature gatherer, and blew past the 30,121 signatures needed to qualify. That is what grassroots democracy looks like."
In a direct challenge to the US Supreme Court's Citizens United ruling and a potential model for the rest of the nation, Montana campaigners announced Tuesday that they had collected nearly 20,000 more signatures than required to force a statewide vote in November on a ballot measure to block corporations from dumping money into elections.
The high court's 2010 Citizens United v. Federal Election Commission decision opened the floodgates for companies and other organizations to spend unlimited amounts of money on US politics. If approved by voters, "The Montana Plan," as advocates in the state are calling the legal strategy behind the proposed Initiative 194, would "stop corporate and dark money cold" in Big Sky Country.
Initiative 194 would bar "artificial persons," including "nonprofits, trusts, partnerships, corporations, trade associations, or unincorporated associations," from "contributing anything of value to candidate elections, supporting or opposing political parties, or supporting or opposing state or local ballot issues." Violators would be "punished by forfeiting all privileges to do business in Montana."
The Transparent Election Initiative in March got the go-ahead to start collecting signatures to put the initiative on the ballot, and as of Tuesday, TEI's all-volunteer campaign had collected nearly 50,000 across all 56 counties, "far surpassing Montana's 30,121-signature statewide qualification threshold." As of last week, the Montana Secretary of State had already verified 34,906 of them.
"This campaign has been powered by Montanans from the very beginning," said Jeff Mangan, TEI's founder, in a statement. "To the out-of-state corporate and special interests trying to spread disinformation about who we are and what we're trying to accomplish: Look at the power of this volunteer army."
"More than 500 Montanans gathered signatures in all 56 counties, without a single paid signature gatherer, and blew past the 30,121 signatures needed to qualify," he noted. "That is what grassroots democracy looks like."
Mangan, a former Montana Commissioner of Political Practices, also acknowledged that "we know the road to November will be a tough fight."
Already, the campaign secured a key legal victory earlier this year, when the Montana Supreme Court dismissed a legal challenge filed by "a group of corporations and industry groups—comprising the Montana Mining Association, the Montana Chamber of Commerce, Montana Stockgrowers Association, Montana Petroleum Association, Montana Trucking Association, Montana Contractors Association, Treasure State Resource Association and Billings and Kalispell’s respective chambers of commerce," as the Daily Montanan reported in April.
Mangan said Tuesday that "this is David versus Goliath. Corporate and special interests are going to spend millions of dollars on TV ads, mailers, and scare tactics trying to make Montanans afraid of their own power. But the way we win is the same way we got here: real Montanans, in real communities, having real conversations."
"Over the next six months, we're going to be everywhere—answering questions, sharing the facts, and looking voters in the eye," he pledged. "The Montana Plan is about a simple principle: Real people should govern, not artificial persons created on paper. A vote for The Montana Plan (I-194) is a vote to put Montanans back in charge of Montana elections."
TEI's announcement came a month after Democratic Hawaii Gov. Josh Green signed into law a bill that also takes aim at the infamous ruling that corporations are effectively people in terms of political spending—legislation that Michael Beckel, who directs the Money in Politics project for the advocacy group Issue One, also called a "model for the country."
At the federal level, progressives have repeatedly introduced bills that would abolish super political action committees (PACS) and overturn the Citizens United decision—though, at least until the November election, both chambers are controlled by the GOP.
"Corporations are not people and money is not speech," US Rep. Pramila Jayapal (D-Wash.) stressed while introducing a constitutional amendment to reverse the ruling last year. "In every election cycle since the disastrous Citizens United decision, we have seen more and more special interest dark money poured into campaigns across the country—this year, with a billionaire paying millions to buy a seat as Shadow President."
"My We the People Amendment hands power back to the people," she explained, "by finally ending corporate constitutional rights, reversing Citizens United, and ensuring that our democracy is truly of the people, by the people, and for the people—not corporations."
Federal attempts to overturn the ruling by amending the US Constitution or legislating against corporate spending have repeatedly failed. But now several states are experimenting with new ways to get this flood of corporate money out of politics.
More than 15 years ago, the Supreme Court removed limits on corporate political spending in its notorious Citizens United decision, ushering in an era of unprecedented influence by moneyed interests.
As a result, a small group of ultra-wealthy donors have skewed the political system to their advantage—and today, social scientists link the growing gap between rich and poor to that seminal 2010 decision.
Federal attempts to overturn the ruling by amending the US Constitution or legislating against corporate spending have repeatedly failed. But now several states are experimenting with new ways to get this flood of corporate money out of politics.
The state of Hawaii just passed a first-of-its-kind law redefining corporations as entities that aren’t allowed to spend money in elections anywhere within the state. The effort could kick off a powerful state-by-state pushback that succeeds where federal efforts failed.
Curtailing corporate influence on the political system is essential at a time when corporations are thriving while ordinary Americans struggle to make ends meet.
This simple idea is the brainchild of Tom Moore, senior fellow for democracy policy at the Center for American Progress. “It’s not regulation; it’s redefinition,” Moore told me. “States create corporations, and they give powers to all the corporations that operate within their states.”
So if the federal government and the Supreme Court enable corporations to influence elections, states can counter that merely by changing the definition of a corporation. And that’s precisely what Hawaii did. Effective starting July 2027, corporations doing business in the state are redefined to “not include the power to spend money or contribute anything of value to influence elections or ballot measures.”
The novel approach is well-protected against legal challenges. Moore explained, “The Supreme Court has said consistently for 200 years that [the power to define corporations] is a matter of state law, that the federal courts don’t have anything to do with that.”
The impact of this on Hawaii’s politics are likely to be monumental. “Basically, in Hawaii politics, local, state, and federal, every dollar that’s spent will be from an individual human being,” said Moore. “It’ll be disclosed, it’ll be voluntary. And that is a gigantic difference from what we have right now.”
Hawaii’s law doesn’t overturn Citizens United—it makes the 2010 ruling meaningless within its borders.
Residents of Montana are pushing a similar effort. Activists there are gathering signatures to place a measure on the November ballot to similarly redefine corporations so they can’t spend money in elections. If the measure passes, it will go into effect in January 2027, six months before Hawaii’s law takes effect.
In fact, according to Moore, Hawaii’s legislators borrowed the language for their bill from Montana’s ballot measure and sped it through their legislative process, pleasantly surprising advocates. Moore is confident the Montana effort will succeed. “They’re in very, very good shape, they’re incredibly well-organized,” he said.
At least 14 states, including New York and California, are currently considering similar bills, and Hawaii’s new law prompted interested lawmakers from two other states to contact Moore. “We’ve had outreach from folks in almost every state,” he said. Given the fact that it’s been less than a year since Moore first published his idea, the speed at which it’s caught on has been remarkable.
Curtailing corporate influence on the political system is essential at a time when corporations are thriving while ordinary Americans struggle to make ends meet. “At the end of the day, corporations don’t actually work for their shareholders, they work for us because we create them through our legislatures, through our laws,” said Moore.
“And if corporations are doing something in our state that we don’t like, we have the power as citizens and working through our legislators to do something about that."
Sanders has said his endorsements are about "building a movement for the future" capable of not just taking on the GOP, but also the Democratic Party establishment.
Progressive candidates endorsed by Sen. Bernie Sanders swept to victory on Tuesday in Democratic primaries across the US.
In New Jersey, surgeon Adam Hamawy prevailed in the Democratic primary in the state's 12th Congressional District, while Rep. Analilia Mejia (D-NJ) easily defeated primary challengers in the state's 11th Congressional District by garnering more than 80% of the vote. Sanders (I-Vt.) endorsed both candidates.
Sanders-backed candidates in California also put in strong showings, with former San Francisco city supervisor Jane Kim advancing to the general election in the race to be the state's next insurance commissioner.
Political scientist Randy Villegas, meanwhile, is currently edging out rival Jasmeet Bains in the jungle primary in California's 22nd Congressional District, currently represented by Rep. David Valadao (R-Calif.).
And in Montana, former smokejumper and union leader Sam Forstag won the Democratic primary to represent the state's 1st Congressional District, where he'll face off against Republican Aaron Flint in the fall.
Sanders adviser Faiz Shakir on Wednesday took a victory lap in the wake of the results.
"Shaping up to be a clean sweep for Bernie’s endorsements last night," Shakir wrote in a social media post.
In an interview with The New York Times last month, Sanders said that his goal with the endorsements is "building a movement for the future" capable of not just taking on President Donald Trump's Republican Party, but also the Democratic Party establishment.
“Our effort is to lead a national movement against Trump’s authoritarianism and kleptocracy and unnecessary wars and his contempt for the Constitution,” Sanders told the Times. “But equally important, the American people need an alternative to the Democratic establishment, which is significantly dominated by big-money interests."