CCP Submits Comments on Montana Bill that Directly Violates Citizens United Decision
ALEXANDRIA, Va. — Center for Competitive Politics’ Legal Director Allen Dickerson submitted comments today to the Montana House Judiciary Committee concerning Senate Bill 320, which blatantly contradicts the Supreme Court’s decisions in Citizens United v. FEC and American Tradition Partnership v. Bullock by prohibiting corporations from making independent expenditures or from funding electioneering communications.
Last year, in American Tradition Partnership v. Bullock, the state of Montana challenged the Court’s holding in Citizens United, arguing that it should not apply to its state ban on corporate independent expenditures. Citing the Supremacy Clause of the U.S. Constitution, the Supreme Court flatly rejected the state’s arguments, declaring that the holding of Citizens United applies to Montana state law. S.B. 320 seeks to again directly challenge the Court’s holding in both of these cases and, as such, is blatantly unconstitutional.
S.B. 320 was introduced as a reaction to the passage of Initiative-166, which, as passed, states that “Montana’s congressional delegation is charged with proposing a joint resolution offering an amendment to the United States constitution.”
However, according to Dickerson, “Nothing in the ballot initiative authorized the Legislature to propose legislation that prohibits corporations from making independent expenditures or from funding electioneering communications. Nothing in the ballot initiative asks the Legislature to again, pointlessly challenge Citizens United. Thus, this legislation finds no support in the will of Montanans who supported this initiative.”
Senate Bill 320 will be heard before the Montana House Judiciary Committee this morning. A copy of the comments can be found here.
For more information, contact CCP Communications Director Sarah Lee at 770.598.7961.
The Center for Competitive Politics promotes and defends the First Amendment’s protection of the political rights of speech, assembly, and petition. It is the nation’s largest organization dedicated solely to protecting First Amendment political rights.
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