Neutering Citizens United.

Quote:

Montana Initiative to File Bold Blueprint to Challenge Citizens United; New Amendment Would Use Corporate Law to Ban Political Spending”
July 28, 2025, 2:47 pm
campaign finance, Plutocrats United, Supreme Court
RICK HASEN
Press release via email:

The Transparent Election Initiative, a Montana organization, today released the public draft of a historic constitutional amendment that takes direct aim at Citizens United—and the corporate and dark money it unleashed into Montana’s politics. The amendment will be officially filed with the Montana Secretary of State’s office on Friday, August 1.

The 1,000-word amendment takes an innovative new approach by using Montana’s corporate chartering authority to no longer grant its corporations and similar entities the power to use money to influence candidate campaigns or ballot measures. By redefining the powers granted to corporations under Montana law, the measure aims to undo the practical effects of Citizens United within the state.

“This is the first step in a process to place this amendment on the November 3, 2026 general election ballot,” said Jeff Mangan, former Commissioner of Political Practices and leader of the initiative effort. “Montana has a history of ensuring that citizens lead its elections, not corporations. With The Montana Plan, we continue that tradition.”

The amendment’s legal structure, reviewed extensively by legal scholars and government leaders and crafted to withstand judicial scrutiny, uses a “reset and re-grant” framework that reaffirms only those powers necessary for legitimate business or charitable activity—explicitly excluding political spending.

Rather than regulating political conduct, The Montana Plan redefines corporate powers at their source. Mangan explained that corporations only have the powers the state gives them—and Montana is choosing not to give them the power to spend in politics. This principle applies equally to out-of-state corporations, which under Montana law may only exercise powers that in-state corporations may exercise. As a result, Montana’s politics would be free of all corporate electioneering—whether by in-state or out-of-state entities.