HELENA – U.S. Sen. Jon Tester on Tuesday proposed a longshot constitutional amendment aimed at limiting rights of corporations to spend in elections.
The Democrat said that the proposal to change the U.S. Constitution is a response to last year’s voter-approved initiative that directed Montana’s elected officials to push for such a change, and declared that corporations are not people entitled to constitutional rights.
The initiative got on the ballot amid backlash to the U.S. Supreme Court’s 2010 Citizens United decision that ruled a ban on some corporate spending in elections was an unconstitutional free speech restriction. Some politically-minded groups have been organizing as corporations, which can face fewer campaign restrictions than traditional campaign operations.
“It’s not good for the Republicans, it’s not good for the Democrats, but most of all, it’s not good for our democracy,” Tester said.
U.S. Sen. Tom Udall, D-N.M., also introduced a companion constitutional amendment at a joint news conference that overturns court precedence protecting money as free speech.
Constitutional amendments require two-thirds support in each chamber of Congress and ratification by the states. There has not been a change to the Constitution in more than 20 years.
But Tester said he expects his proposal will gather backing from both parties. His proposal states that constitutional rights are meant for “natural persons,” and don’t extend to corporations or foreign states.
“We are hoping to get lots of votes from both sides. But it is going to take some work,” Tester said.
The Democrat, re-elected last year in an expensive race that saw millions in outside money flowing to the state, won’t have to go far to find a Republican who needs convincing.
U.S. Rep. Steve Daines’ office said the freshman Republican has “serious concerns” about the bill.
Spokeswoman Alee Lockman said the congressman worries about the effects on family farms organized as corporations, and whether such a change would strip constitutional eminent domain protections. Other groups, like churches or non-profits, could be affected too by limiting constitutional protections.
“The institutions that we as citizens use to exercise our rights are no longer protected under this proposal,” Lockman said.
Tester said there are safeguards in the amendment that state the change does not affect individual freedom of speech, the press, religion, association and other rights.
Campaign finance reform advocates who helped push Montana’s ballot initiative by railing against the influence of so-called “dark money” welcomed Tester’s proposal. So did U.S. Sen. Max Baucus, who since 2010 has proposed an amendment that would also overturn the Citizens United decision.
“The people of Montana have spoken out loud and clear: ‘our elections aren’t for sale.’ It’s going to take all of us working together to get a solution passed that puts elections back in the hands of the people once and for all,” Baucus said in a statement. “There’s always more than one way to skin a cat, and the more bills out there we have to build support behind us the better.”