Last week, the Montana Supreme Court agreed, finding that corporate spending in fact had corrupted elections in the resource-rich and sparsely populated state. Should the U.S. Supreme Court ultimately accept Montana's reasoning—which many observers find doubtful—it could open the door to additional campaign-finance regulation if justified by specific facts.
Soon after Montana's admission to the Union in 1889, the big copper companies and other out-of-state mining interests flooded Montana with political spending, and sometimes outright bribery, to seize control of its courts and statehouse, the opinion said. "This naked corporate manipulation of the very government…of the State ultimately resulted in populist reforms that are still part of Montana law," state Chief Justice Mike McGrath wrote for the majority. "The question then, is when in the last 99 years did Montana lose the power or interest sufficient to support the statute, if it ever did."
By a vote of 5-2, the court held that those interests remained valid. The state's sparse population and reliance on farming and natural resources "make Montana especially vulnerable to continued efforts of corporate control to the detriment of democracy and the republican form of government," Chief Justice McGrath wrote.
The court found corporate interests in political advocacy were addressed by state law allowing creation of political committees, which collect voluntary contributions from shareholders.
Mr. Bullock, a Democrat who is running for governor, praised the ruling as "based on solid constitutional analysis, common sense and a clear understanding of...Montana's history."
The Montana law was challenged by conservative activists led by American Tradition Partnership, a group based in Virginia that collects funds for political advertisements from mining and other corporate interests. Executive director Donald Ferguson said the group was considering its options, which would likely include an appeal to the U.S. Supreme Court.
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