Montana Ballot Initiative Aims to Counter Citizens United by Redefining Corporate Charters

A Montana ballot initiative aims to counter Citizens United by amending the state constitution to ban corporate political spending.

Executive Summary

  • A 2026 ballot measure in Montana, known as “The Montana Plan,” seeks to prohibit corporate political spending by amending the state’s constitution.
  • The initiative proposes redefining corporate charters to remove the authority for businesses to spend money in elections, thereby sidestepping the Supreme Court’s Citizens United ruling.
  • The plan faces a legal challenge from Montana’s Attorney General, but an October 2025 poll indicates 74% of state voters support the measure.
  • Organizers are suing to place the initiative on the ballot and must collect over 60,000 signatures from voters.

A Montana-based group is advancing a 2026 ballot initiative that seeks to amend the state constitution to prohibit corporate spending in elections, a measure designed to counter the effects of the Supreme Court’s 2010 Citizens United v. FEC decision. The proposal, known as “The Montana Plan,” leverages the state’s authority to define corporate charters, aiming to render the landmark ruling ineffective within its borders without directly challenging federal law.

The initiative stems from a legal theory developed by Tom Moore, a senior fellow at the Center for American Progress, who argues that states can prohibit corporate political spending by altering the powers granted in state-issued corporate charters. The plan was adopted by Montana’s former Commissioner of Political Practices, Jeff Mangan, who launched the Transparent Election Initiative in April 2025 to bring the constitutional amendment to voters.

According to an October 2025 poll by the pro-democracy group Issue One, the initiative has significant bipartisan support, with 74 percent of Montana voters, including majorities of Republicans and independents, in favor of the measure. Proponents highlight Montana’s history with campaign finance regulation, pointing to the state’s 1912 Corrupt Practices Act, which banned corporate election spending for a century before being overturned by the Supreme Court to align with the Citizens United ruling.

The effort has encountered a legal obstacle. Montana Attorney General Austin Knudsen blocked the ballot measure, reasoning that its components must be voted on separately. In response, the Transparent Election Initiative has filed a lawsuit against the attorney general’s office, expressing confidence that the Montana Supreme Court will rule in its favor, allowing signature gathering to proceed for the 2026 ballot.

To qualify for the ballot, organizers must collect just over 60,000 signatures from active voters across 40 legislative districts. Mangan stated that the group is aiming for 100,000 signatures to ensure qualification. If passed, advocates believe the amendment would not only affect Montana-based corporations but also prohibit out-of-state corporations from spending on Montana’s elections, potentially creating a model for other states to follow.

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