HELENA – The state Supreme Court was asked to remove a campaign finance initiative from the ballot that declares corporations aren’t people and that money isn’t political speech.
If passed, I-166 would direct Montana’s congressional delegation to support a constitutional amendment undoing the effect of aspects of the U.S. Supreme Court’s 2010 Citizens United decision.
That high court ruling, in part, declared as unconstitutional some federal restrictions on spending by corporations and unions in elections. The U.S. Supreme Court recently decided its original ruling on the matter also nullifies a separate Montana ban on corporate money, which was passed by voters in 1912.
On Monday, opponents of the new Montana ballot initiative asked the Montana Supreme Court to remove the measure from the ballot, Lee Newspapers of Montana reported.
The opponents argued the measure is a “sham” that has no effect other than to poll the electorate on the question.
The group is called Montanans Opposed to I-166, and includes state Sen. Dave Lewis, R-Helena and Phil Lilleberg of Billings, who owns FP Inc.
It asks the court to force Attorney General Steve Bullock and Secretary of State Linda McCulloch to remove I-166 from the ballot.
“At its best, I-166 is an odd mixture of resolution, law, constitutional amendment and revision, and as such, is not properly before the people for their vote,” the petition said. “I-166 is, quite simply put, a sham or a poll presented in a manner not comporting with law.”
The sponsors of I-166 blasted the challenge.
“We are mad as hell,” said C.B. Pearson of Missoula, treasurer of Stand with Montanans: Corporations Aren’t People — Ban Corporate Campaign Spending.
“This lawsuit is nothing more than corporate hired guns trying to deny the people of Montana a chance to vote on a citizens’ initiative, one that clearly states corporations aren’t people and money is not speech,” he said.
Lewis said state Senate Majority Leader Jeff Essmann, R-Billings, asked him if he would be willing to be a plaintiff in the lawsuit.
“I’m just not sure as an elected official what the heck kind of obligation this puts on me the next session,” Lewis said in a phone interview. “What am I supposed to do with this? It’s kind of a gotcha deal.”