How the court ruled
The Montana Supreme Court found the initiative violated the state Constitution’s requirement, set out in Article XIV, Section 11, that when more than one constitutional amendment is submitted, voters must be able to vote on each issue separately.
The court determined the initiative would produce at least two distinct constitutional changes: first, limiting the powers of “artificial persons” — a legal category that includes corporations, nonprofits, and other incorporated entities — and second, granting those same entities some powers unrelated to elections.
”… (I)n this case, a voter may want to limit artificial persons’ ability to spend money on election or ballot-issue activity but not limit any other powers that artificial persons may currently exercise in this state,” the court wrote.
Background
The initiative had already cleared one administrative hurdle poorly. Knudsen rejected the proposal in October, finding it legally insufficient on the same grounds — that it touched more than one area of the state Constitution. Jeff Mangan, the initiative’s primary advocate and former state Commissioner of Political Practices, challenged that ruling in court. The state Supreme Court’s ruling Tuesday affirmed Knudsen’s position.
What comes next
Mangan said Tuesday evening his group would refile quickly, framing the court’s ruling as procedural guidance rather than a final defeat.
“Montana has a citizens’ initiative process that we can all be proud of, one that allows Montanans to roll up their sleeves to enact positive change for the betterment of family, friends, and neighbors. I hear from Montanans every day how much corporate and dark money is damaging our political process. It is a privilege to work on a matter that is so important, and that is exactly what we will continue to do,” Mangan wrote in an email.
He added: “We appreciate and respect the work of the Court. We are grateful for the guidance and understand what the Court is saying. We will re-file by the end of this week.”
Reporting by Nora Mabie of the Montana Free Press, with contributions from Zeke Lloyd of Montana Free Press, distributed through a partnership with the Associated Press.