CCP Submits Comments on Montana Bill that would Seriously Burden the Political Speech of Many Organizations

April 5, 2013   •  By Sarah Lee
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ALEXANDRIA, Va. — Center for Competitive Politics’ External Relations Director Matt Nese submitted comments today to the Montana House Judiciary Committee concerning Senate Bill 375, which proposes to overhaul Montana’s campaign finance laws, but, in doing so, generates a variety of serious constitutional issues.

One of the primary issues with the legislation is the new, overly broad disclosure regime it creates. S.B. 375 purports to regulate communications similar to, though broader than, federal Electioneering Communications. While the Citizens United Court upheld disclosure in that context, it addressed only a narrow and far less burdensome form than that proposed in the bill.

According to Nese, S.B. 375 “proposes new and burdensome reporting requirements for organizations and would cover many activities that have no relation to express advocacy concerning a candidate. In short, the new reporting requirements proposed by S.B. 375 mandate constitutionally questionable disclosure that mistakenly extends the logic of recent court rulings, require inappropriate disclosure of ‘incidental committees,’ may perversely generate less informative disclosure than a more narrowly tailored measure, could deter donors from contributing to organizations, and may subject individuals to harassment based on their political beliefs.”

Senate Bill 375 will be heard before the Montana House Judiciary Committee today. 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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Sarah Lee

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