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A More Constructive Conversation About Local Levies and I-194, The Montana Plan
As a native Montanan, I'm proud of our long tradition of supporting local levies that fund the services communities depend on—public schools, public safety, parks and recreation, infrastructure, and other local priorities. That civic commitment will remain under I-194, The Montana Plan. Communities will continue to ask residents, local leaders, small businesses, and civic organizations to help make the case for investments that matter.
What will change is the way corporations, not individuals, may participate once a specific local levy has been formally placed before voters.
Under I-194, corporations would no longer be able to use money from their general treasuries to support or oppose a ballot issue. The measure would require spending related to a specific levy campaign to come from individuals rather than corporate treasury funds. That is the central change.
Some opponents have falsely claimed that I-194 creates a new restriction by including “anything of value” in its campaign-finance rules. The truth is that it is already current law. Montana and federal campaign-finance law have long recognized that political support can take forms other than a direct cash contribution. Montana law defines “anything of value” as:
“Any goods that have a certain utility to the recipient that is real and that is ordinarily not given away free but is purchased.”
In practical terms, a business generally may not provide goods or services that it ordinarily sells—such as advertising, printing, consulting, equipment, venue space, or other paid services—free of charge to support or oppose a candidate or ballot measure.
The same principle would apply to local levy campaigns under I-194. Once voters are considering a specific school, city, town, county, or other local-government levy, spending to advocate for or against that measure would need to come from individuals.
That does not mean businesses, chambers of commerce, trade associations, or other local organizations would be prevented from supporting their communities. Far from it.
Businesses and civic organizations could still devote resources, throughout the year if they so choose, to educate the public about issues that affect local quality of life and economic vitality, including:
- The importance of strong public schools and the challenge of recruiting and retaining qualified educators.
- Public-safety needs, including staffing, facilities, equipment, and jail capacity.
- Parks, recreation programs, playgrounds, and community infrastructure.
- Economic development, workforce needs, job creation, and the local conditions that help businesses succeed.
They can engage in that educational work every day of the year. They can partner with local governments, bring community members together, explain the needs facing a community, and encourage residents to stay informed and involved. Imagine that!
The distinction is straightforward: organizations may educate the public about public issues and community needs, but they may not use corporate treasury funds to tell voters how to vote on a particular ballot measure once it is before them.
If I-194 passes, Montana communities have an opportunity to strengthen—not weaken—their year-round public dialogue. As opposed to persuading Montanans how to vote at the last minute, chambers of commerce, local business & associations, civic groups, and public institutions should consider building sustained education programs focused on the issues that shape community life: educational opportunity, public safety, infrastructure, recreation, and economic growth.
Finally, the fiscal and policy decisions made in Helena affect cities, counties, towns, and school districts. Your elected officials have been making decisions for years, many of which benefited from the same dark money we're attempting to stop. They cast votes that pass the burden off to local governments and your community. The same corporations and associations that support communities at the local level during elections can certainly lobby your elected officials to fully fund local governments’ efforts that they advocate for locally.
A well-informed community is better prepared to make decisions at the ballot box. I-194 preserves the ability of businesses and community organizations to educate, organize, and contribute to the public conversation while ensuring that direct advocacy for or against a specific levy is funded by individuals—not corporate treasuries.
Jeff Mangan
Founder, The Transparent Election Initiative and I-194, The Montana Plan
Former Montana Commissioner of Political Practices
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