The recently proposed Initiative 166, although couched in campaign finance reform rhetoric, would hurt small business and family farmers and ranchers, according to the Montana Farm Bureau Federation.
“This is not about finance reform and banning corporate money in campaigns, it’s about constitutional rights,” says John Youngberg, Montana Farm Bureau’s vice president of governmental affairs. Youngberg explains many small businesses, which include family farms and ranches, are incorporated for tax and insurance purposes, but hardly could be classified as “big corporations.”
“The language is so broad this would mean many folks, even if a small Limited Liability Corporation (LLC) or non-profit 501 (c) 3, would be deprived of their rights granted by our U.S. Constitution,” notes Youngberg. “For instance, if there was a water rights case on your ranch, and you’re a family corporation or LLC, you may not be granted the right to due process of the law or be afforded equal protection.”
Without due process farmers and ranchers wouldn’t be able to protect their property rights. Would this mean a family farm or ranch in Montana would no longer have the Fifth Amendment right to just compensation when their property is taken through eminent domain? Does this mean that protection from ‘search and seizure’ goes out the window?” Youngberg questions. “This has very serious implications for many Montana business owners and especially those folks in agriculture.”
In addition, the initiative puts the onus on elected officials to monitor campaign contributions—and the fact they would be in violation of the law if they didn’t.
“Certainly the U.S. Supreme Court had it right in saying that corporations can contribute, but that contribution must be reported so they are transparent. But to say a “corporation’ can’t make a donation because they’re not a person is wrong,” Youngberg cautions. “Restricting the constitutional rights of someone just because they formed an LCC or family corporation is dangerous. It’s a road fraught with danger that the people of Montana should not want to follow.”