Corporate campaign limits pass 1st hurdle

HELENA — Under a bill that passed its first test Friday, corporations would be limited in how much they can spend on state campaigns and news organizations might be restricted from publishing campaign editorials and commentary before elections.

The Republican-led Senate Judiciary Committee voted 7-5 along party lines to move Senate Bill 320 out of committee. It must still pass the full Senate and House before going to the governor.

The measure would make it illegal for corporations to make independent expenditures that advocate for or against a candidate or to fund any electioneering communications.

It also would label editorials and commentaries published by newspapers and broadcasters as restricted campaign contributions by changing the legal definition of a contribution.

Sen. Chas Vincent, R-Libby, said his bill is an attempt to reflect the will of the people. Montana voters overwhelmingly passed an initiative in November proclaiming that corporations aren’t people with constitutional rights.

According to I-166, “Corporations aren’t human beings and don’t have constitutional rights, therefore they aren’t allowed to participate in electioneering communications,” Vincent told the Inter Lake on Friday. “It says if you are a corporation, for profit or nonprofit, you are out.”

The initiative also directed the congressional delegation to seek an amendment to the U.S. Constitution limiting corporate spending.

State voters “actually charged us as Montana officials and elected officials to implement a policy that corporations do not have constitutional rights,” said Vincent, who also pointed out that Initiative 166 is “essentially seeking a reversal of the Citizens United decision.”

The bill, he said, provides for “a conversation of what that initiative is.”

Sen. Anders Blewett, D-Great Falls, said he agreed with the aim to limit corporate campaign spending. But if this bill passes, it will be challenged in court and ultimately ruled to unconstitutionally restrict free speech, he added.

“We simply don’t have the authority to do what we’re doing here,” said Blewett, who is an attorney. “And to pass this statute is just an exercise in futility and waste.”

John Barrows of the Montana Newspaper Association said the bill may unconstitutionally restrict the media because many news organizations are corporate entities. It’s unclear if the bill targets individuals as well as corporations, he said.

“In either case, the elimination of the exemptions for editorial and commentary are broad restrictions upon the free exercise of these rights,” Barrows said in a statement presented to the committee.