State high court says corporate spending ban will remain in effect

by Hungry Horse News
| February 10, 2012 7:09 AM

The Montana Supreme Court ruled Feb. 8 in an important election financing case saying the state's ban on corporate spending for candidates will remain in effect. That ruling, however, could be overruled by a federal court.

The court struck down a request by the Washington, D.C.-based Western Tradition Partnership to temporarily suspend enforcement of the Corrupt Practices Act, which was passed by citizens initiative in 1912, banning corporate expenditures in political campaigns.

Montana Attorney General Steve Bullock, who argued the case against the political organization, said he was pleased with the court's decision.

"The Montana Supreme Court has preserved the integrity of our elections and the voice of the people in the political process," Bullock said. "I'll continue to defend our laws and make sure that people - not corporations - elect our leaders."

In early 2011, Western Tradition Partnership challenged Montana's century-old ban in early 2011. A Helena District Court judge initially struck down the 100-year-old ban, but the Montana Supreme Court reversed the lower court's ruling late last year.

Western Tradition Partnership then asked the high court to "stay" their decision while the group appeals to the U.S. Supreme Court. The U.S. Supreme Court's ruling in Citizens United v. Federal Election Commission case opened up federal elections to corporate spending and so-called Super PACs.

Just two years ago, nearly half the states in the U.S. banned corporate expenditures, according to former three-term Secretary of State Mike Cooney. Montana is now the only state in the nation with a ban on corporate expenditures.

Following the U.S. Supreme Court's ruling in Citizens United, the Montana Attorney General's office submitted an amicus brief opposing unrestricted spending by corporations to influence the outcome of elections. Twenty-four other states have signed on to the brief. Bullock was also invited to testify to the U.S. Senate on the matter.