Organizers are working to introduce a Montana ballot initiative that could prevent corporations from spending on elections.
The constitutional amendment would alter corporate charters and the power given to “artificial persons” in Montana, barring them from political spending. It attempts to bypass the U.S. Supreme Court’s 2010 Citizens United decision, which said under the First Amendment the government can’t bar corporations and similar groups from spending money independently to influence elections.
The Montana proposal is not yet on the 2026 ballot after the Montana attorney general and the Montana Supreme Court determined the version was legally insufficient under state constitutional rules, but organizers are refiling new versions in the hopes of getting the initiative on the ballot.
In Wisconsin, home of the most expensive state Supreme Court races ever, could similar campaign finance laws be put in place? It’s a complicated question, according to legal experts.
Unlike in Wisconsin, Montana residents can propose changes to the state constitution or statutory law through a citizen petition process. To qualify a constitutional initiative for the ballot, proponents must gather signatures equal to 10% of the state’s electors, including at least 10% of electors in two-fifths of Montana’s legislative districts. Statutory initiatives require signatures equal to 5% of the state’s electors, including at least 5% of electors in one-third of legislative districts.
Similar reforms in Wisconsin would need to come from the Legislature, not from a citizen-led ballot initiative. To place a constitutional amendment on the ballot, lawmakers must approve the same proposal in two consecutive legislative sessions. The amendment would then appear on the statewide ballot, where voters could approve it and make it part of the Wisconsin Constitution by a majority vote. The governor doesn’t have a role in that process.
If Montana’s initiative makes it to the ballot and voters approve it, more litigation is likely to follow, said Derek Clinger, senior counsel at the State Democracy Research Initiative at the University of Wisconsin Law School. It’s unclear if the organizer’s argument would survive a constitutional challenge.
Nevertheless, Montana’s proposed ballot initiative is an interesting conversation starter that could help put “political pressure” on the courts if Montana voters agree to approve a potential amendment, Clinger said.
“They made a case that doing this would comply with the U.S. Supreme Court precedent and that states have this power to regulate and kind of control what sorts of activities corporations are allowed to participate in,” Clinger said. “It’s an interesting idea what they’re doing in Montana, but I think it would absolutely be litigated, and it’s kind of hard to predict what would happen.”
There are other campaign finance changes Wisconsin politicians could introduce, such as spending limits in judicial elections.
“Judges are supposed to be kind of more above politics compared to legislators and executive officials, and that kind of need to keep judges out of the political fray can justify more campaign finance regulations,” Clinger said. “I think if there was an appetite to impose more regulations on judicial elections in Wisconsin, I think they would have the constitutional ability to do so. But the question is: Is there that appetite?”
Paul Nolette, director of Marquette University’s Les Aspin Center for Government, said it’s a difficult legal environment for supporters of campaign finance reform.
“Getting laws on the books that make meaningful campaign finance change is just difficult at this particular moment,” Nolette said.
One way to change the system without limiting corporate giving would be more disclosure from so-called “dark money” groups, which can avoid disclosing donors through Super PAC donations. The Arizona Supreme Court allowed legislators to challenge a citizen ballot initiative that called for “dark money” disclosure. More than 70% of voters approved the measure in 2022.
Legislators also could introduce a more robust public campaign finance system. Wisconsin once had a public financing program for Supreme Court elections as part of the Wisconsin Election Campaign Fund, but it was repealed in 2011. State Sen. Kelda Roys, D-Madison, previously told Wisconsin Watch she was drafting a bill to revive the public financing system and would propose significantly larger grants than the original $100,000 for primary candidates and $300,000 for general election candidates, saying smaller amounts would not meaningfully support competitive campaigns.
“The amount of money in politics, even if it’s just coming from individuals, is still significant enough that it just overwhelms the amount of public money that could be available,” Nolette said.
Apart from the state Legislature, Clinger said the Wisconsin Supreme Court could institute recusal rules, which may discourage partisan campaign donations to justices.
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