Friday, May 4, 2012

More on Montana and Citizens United

Earlier this year, Mr. Torvik and I had a Conversation™ about how the Montana Supreme Court stuck its thumb in the eye of the United States Supreme Court regarding the Citizens United decision.  It turns out that the Western Tradition Partnership, Inc., v. Attorney General case was just the the beginning of Montana's attack on the decision.
  
According to a story in the Helena, Montana Independent Record, Montana's Governor (a democrat) stood alongside Montana's Lieutenant-Governor and a former Secretary of State (both republicans) and signed Montana Initiative 166.

According to the Independent Reporter, Initiative 166 is a "nonbinding policy statement that calls on Montana elected and appointed state and federal officials to implement 'a policy that corporations are not human beings with constitutional rights.'”  The Initiative is nonbinding.  This means it is not a law.  Passing a nonbinding initiative that is not a law "will send a strong message around the country" according to supporters of the initiative.  A cynic might call that view naive.

That said, the paper also notes that Montana's Democratic governor and Republican lieutenant-governor actually "teamed up" to run for their respective offices in 2004 and 2008 and that they decided not to accept money from political action committees.  One might want to give them credit for acting in accordance with their principles. 

In order for the initiative to appear on the ballot, it must get slightly more than 24,300 signatures from Montana voters by June 22.  Until then, the initiative is even more non-binding than it will be if it passes.



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