Montana’s New Election Law Faces A Major Legal Challenge

Montana Voters Approve Election Measure, But A Lawsuit Is Already Filed

On Tuesday, Montana voters overwhelmingly approved a ballot initiative designed to limit corporate money in elections. But the new law is already facing a major legal challenge.

Known as The Montana Plan, Initiative 194 received roughly 65% of the vote during Tuesday's election. Less than 48 hours later, however, several organizations, including the Montana Republican Party, filed a federal lawsuit challenging its constitutionality.

Lawsuit Claims Montana's New Election Law Violates First Amendment

According to a Montana Free Press report, the plaintiffs include the Frontier Institute, Frontier Action Fund, Montana Family Foundation, and Montana Family Institute.

They're arguing that the new law violates First Amendment protections, including freedom of speech, freedom of the press, and the right to assemble.

Under Initiative 194, incorporated entities would face restrictions on how much money they can spend trying to influence state, local, and federal elections.

The groups behind the lawsuit argue those restrictions could prevent organizations from doing things like publishing political newsletters, discussing ballot measures, issuing legislative scorecards, and supporting or opposing candidates.

Montana State Capitol Building in Helena, MT

Supporters Say Montana Should Have More Control Over Corporate Spending

The Montana Republican Party is also arguing that the new law would limit its ability to raise money from organizations to pay for independent political advertising.

If you'd like, you can read the entire 57-page federal lawsuit here.

Of course, those who supported The Montana Plan see things differently. Their argument is that the initiative is designed to limit the influence of large corporations and outside money in Montana elections.

Their legal argument centers on the idea that corporations are created under state law, meaning Montana should have the authority to determine what powers those corporations are allowed to exercise.

a close up of a hundred dollar bill tinted brown to represent a sinster meaning behind it

Montana's New Election Law Is Scheduled to Take Effect in 2027

Supporters see the initiative essentially as an attempt to work around the legal precedent established by the U.S. Supreme Court's 2010 Citizens United decision, which extended First Amendment protections to corporate political spending.

The lawsuit names Montana Attorney General Austin Knudsen and Secretary of State Christi Jacobsen as defendants.

Unless a court blocks it, Initiative 194 is scheduled to take effect January 1, 2027.

For now, the measure Montana voters approved will have to make it through a federal court battle before we know exactly what it will mean for political spending in future elections across the state.