Montana ruling weakens Citizens United
Archived — this story has rotated out of today’s deck. It is kept here in full.
The gist
Montana voters approved I-194 with 66% support, curbing corporate political spending from Jan. 1, 2027.
The measure tests whether state corporate law can work around Citizens United.
Background
I-194, known as the Montana Plan, changes the powers Montana grants to "artificial persons" — corporations, trade associations, nonprofits and other organizations — limiting them to powers "necessary and convenient" rather than banning corporate donations outright; it exempts PACs (political action committees), news and editorial content, and individuals. Backers say it bypasses Citizens United, the 2010 Supreme Court ruling that let corporations spend unlimited money from their treasuries in elections, because that ruling never held a state must grant corporations the power to spend in the first place. The Center for American Progress, an independent nonpartisan policy institute that says it helped spark the campaign, published a "Corporate Power Reset" strategy in September 2025 describing the Montana Plan as a constitutional initiative headed for the state's 2026 ballot.
How it unfolded
- 1912Montana citizens' group the Montana People's Power League got an initiative on the ballot and passed the Corrupt Practice Act of 1912, saying corporations could no longer spend or contribute in Montana elections.
- 2010The Supreme Court's Citizens United decision gave corporations the green light to funnel unlimited money from corporate treasuries into elections.
- 2012The Court overturned Montana's law in American Tradition Partnership v. Bullock, ruling it conflicted with Citizens United.
- Sep 15, 2025The Center for American Progress published its "Corporate Power Reset" strategy, describing the Montana Plan as a constitutional initiative headed for the state's 2026 ballot.
- Oct 29, 2026Jon Tester's opinion column described the Montana Plan ballot initiative ahead of the Nov. 3 vote.
- Nov 3, 2026Montana voters approved I-194, the Montana Plan, limiting corporate political spending; the law takes effect Jan. 1, 2027.
- Nov 4, 2026I-194 passed with 66% support as of early Wednesday morning.
Key terms
- Citizens United
- A landmark 2010 U.S. Supreme Court decision holding that certain campaign finance restrictions on corporate and union election spending violate free speech.
- PACs
- A U.S. tax-exempt organization that pools campaign contributions and donates them to campaigns for or against candidates, ballot measures, or legislation.
Source: Wikipedia
Who’s saying what
- Support
- Tom Moore of the Center for American Progress called it "a historic step toward ending the scourge of corporate and dark money in politics," saying the more states that follow, the more Citizens United becomes irrelevant.
- Support
- The Yes on Initiative 194 campaign said a yes vote means only real people — not corporations, unions, trade associations, nonprofits or groups with anonymous donors — may spend money in Montana elections.
- Support
- Former U.S. senator Jon Tester said Washington couldn't or wouldn't fix the problem unleashed by Citizens United, but there is now "a quiet revolution happening in the states."
- Caution
- Critics argue the semantics of the ballot initiative still violate the 2010 Supreme Court ruling.
- Caution
- People United for Privacy, a nonprofit opposing similar efforts, argued in op-eds that forcing anonymously funded nonprofits out of election-related spending leaves wealthy individuals and political action committees with greater influence.
Still unverified
Critics argue the initiative's semantics still violate the 2010 Supreme Court ruling; whether states can use corporate law to restrict political spending despite Citizens United may be decided by the federal lawsuits against Hawaii's Act 11.