The U.S. Supreme Court has invalidated a portion of Montana law which prohibits corporations from making independent expenditures in connection with a candidate or a political committee that supports or opposes a candidate or a political party.

In Western Tradition Partnership v. Bullock, the Court quoted from its prior Citizens United v FEC ruling that “political speech does not lose First Amendment protection simply because its source is a corporation.”

Four of the nine Justices dissented. The dissenting opinion quoted from the dissent in Citizens United, arguing “independent expenditures can be corrupting in much the same way as direct contributions.”

The dissenting opinion also argued the Citizens United ruling should not bar the Montana Supreme Court’s finding “that independent expenditures by corporations did in fact lead to corruption or the appearance of corruption in Montana.”

The dissent continued, “Given the history and political landscape in Montana, [The Montana Supreme Court] concluded that the State had a compelling interest in limiting independent expenditures by corporations. Thus, Montana’s experience, like considerable experience elsewhere since the Court’s decision in Citizens United, casts grave doubt on the Court’s supposition that independent expenditures do not corrupt or appear to do so.”

National and Federal

“Can 46 rich dudes buy an election?” by Charles Riley in CNN Money.

“Obama ‘Super’ PAC Donors Among White House Guests” by Jack Gillum (Associated Press) in The San Francisco Chronicle.

“Planners for Democratic convention in Charlotte scramble to raise funds” by David Nakamura in The Washington Post.

In the States

Indiana: “Super PACs start battle in Senate race” by The Associated Press in the Indianapolis Business Journal.

Iowa: “Group wants to close campaign finance loophole” by Rod Boshart in the Sioux City Journal.

Montana: “New arguments filed in campaign finance case” by Matt Gouras in the Great Falls Tribune.

The U.S. Supreme Court has stayed a Montana Supreme Court decision upholding the state’s law prohibiting independent political expenditures, related to a candidate, by a corporation.

In December of last year, the Montana Supreme Court found Citizens United v. FEC did not compel invalidating the state’s 1912 Corrupt Practices Act, concluding the state, because of its history and the history of the Act, has a compelling interest to impose statutory restrictions. The Montana Court emphasized the Citizens United decision allows restrictions to be upheld if the government demonstrates a sufficiently strong interest.

The U.S. Supreme Court’s ruling stays the state Court’s ruling until either a formal appeal to the US Supreme Court is denied, or, if an appeal is accepted, the US Supreme Court mandates the termination of the stay.

In the one page order by the US Supreme Court, Associate Justice Ruth Bader Ginsburg wrote, “Montana’s experience, and experience elsewhere since this Court’s decision in [Citizens United v. FEC], make it exceedingly difficult to maintain that independent expenditures by corporations ‘do not give rise to corruption or the appearance of corruption.’ A petition for certiorari will give the Court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates’ allegiance, Citizens United should continue to hold sway.”

Associate Justice Steven G. Breyer joined in Justice Ginsburg’s statement.

Photo of the United States Supreme Court building frieze by UpstateNYer on Wikipedia.

“Super-PAC craze sweeps the nation” by Rachel Leven in The Hill.

“Feds Add Charge to Former Detroit Mayor Corruption Case” by The Associated Press on Governing.

“Chicago most corrupt city, report shows” by MJ Lee on Politico.

“Group fighting campaign finance laws in 3 courts ask federal judge to undo contribution limits” by Matt Gouras (Associated Press) in The Republic.

Jim Murry has been chosen as the next Montana Commissioner of Political Practices.

According to the Great Falls Tribune, Governor Brian Schweitzer made the decision yesterday after meeting with Mr. Murry, who begins working as the Commissioner today.

The previous Commissioner, David Gallik, abruptly left the position after questions arose concerning whether Mr. Gallik was conducting his private law practice while at the government office.

Among its other duties, the Commissioner’s office monitors and enforces lobbyist registration and disclosure, campaign finance practices, and ethics standards among state officials.

Montana Commissioner of Political Practices Dave Gallik has resigned his job after his staff accused him of using state resources for private law practice.

For the full story read:

“Staff says ethics commissioner not ethical” by The Associated Press in the Billings Gazette.

“Montana’s Commissioner of Political Practices resigns” by John S. Adams in the Great Falls Tribune.

“Top Montana Ethics Leader Resigns Amid Allegations” by Caroline Cournoyer on Governing.com.

Photo of Dave Gallik courtesy of the Montana Legislature website.

The Montana Supreme Court has held the state law prohibiting independent political expenditures by a corporation related to a candidate is constitutional.

Finding Citizens United v. FEC did not compel invalidating the state’s 1912 Corrupt Practices Act, the majority opinion of the Montana Supreme Court in Western Tradition Partnership, Inc. v. Attorney General of the State of Montana states, “The corporate power that can be exerted with unlimited political spending is still a vital interest to the people of Montana.”

The Court concludes the state, because of its history and the history of the Act, has a compelling interest to impose statutory restrictions, emphasizing the Citizens United decision allows restrictions to be upheld if the government demonstrates a sufficiently strong interest.

In making its argument, the decision asserts that a “material factual distinction between the present case and Citizens United is the extent of the regulatory burden imposed by the challenged law.” The Court found in contrast to the “complexity and ambiguity” of restrictions for federal PACs, PACs formed and maintained in the state are “easily implemented” by the filing of “simple and straight-forward forms or reports.”

Montana Commissioner of Political Practices David Gallik is now working on clarifying the rules for using social media in political campaigns. A few complaints have emerged in Montana over  the use of email and social media in campaigns, and the commissioner  recognizes the existing laws were crafted primarily for campaigns using print media, television, and radio.

In the Missoulian article “Montana political practices office to address social media campaign complaints,” journalist Keila Szpaller spoke with Gallik about what comes next for the state. The article also explores how the use of social media in political campaigns, and its regulation, can bring into focus the tension between personal privacy and the demands of an open democratic process.

Political contribution limit changes proposed this summer by the Montana Office of the Commissioner of Political Practices take effect today.

The adjustments affect the amount of contributions individuals, political parties, and political committees may make to candidates for the office of governor and other statewide positions.

Additionally, as also proposed this summer by the Commissioner’s office, electronic filing of reports is scheduled to begin in January.

The Montana Supreme Court on Wednesday will hear the state’s appeal of the 2010 decision in Western Tradition Partnership, Inc. v. State of Montana finding the state’s ban on direct corporate spending for or against political candidates unconstitutional.

Citing the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission, District Judge Jeffrey Sherlock found the Montana law unconstitutional.

Attorney General Steve Bullock, who has stated the overturned law guaranteed citizens the right to participate in elections without their interests being overshadowed by corporations, will argue the case.

Governor Brian Schweitzer has appointed Dave Gallik to serve as Montana’s Commissioner of Political Practices.

Gallik previously worked as Staff Attorney for the Montana State Insurance Commissioner and served for several years in the Montana House of Representatives.

The Commissioner of Political Practices is appointed to serve one six-year term and requires Senate confirmation.

Photo of the Montana State Capitol courtesy of Galaksiafervojo on Wikipedia.

Jennifer Hensley, who has held the position of Commissioner of Political Practices since her nomination in January of 2011, was refused confirmation by the Senate.  The Senate Judiciary Committee held a brief confirmation hearing on Hensley’s nomination, but never voted on her nomination before adjournment of the legislative session.

Governor Schweitzer asked the top four Republican and Democratic legislative leaders to send him a list of nominees for the position by May 11.  The Governor may choose a nominee from the list or make an independent appointment to serve out the remainder of Hensley’s six-year term.

House Bill 89 has been signed into law by Governor Brian Schweitzer. The bill removes the requirement that political committees, organized to support a state district candidate or issue, file reports of contributions of $100 or more with the county election administrator.

These contribution reports will only be filed with the Commissioner of Political Practices.

The new law becomes effective October 1, 2011.

Montana Governor Brian Schweitzer announced Friday he has chosen Jennifer Hensley to serve as the state’s top ethics official.  Hensley will replace the current Commissioner of Political Practices Dennis Unsworth, whose six-year term expires at the end of the year.

A bipartisan group of four legislative leaders submitted the names of four candidates to the governor, including Hensley who has worked on several political and initiative campaigns and is the wife of state Senator Steve Gallus.   Hensley must be confirmed by the senate before beginning a six-year term.