American Tradition Partnership, Inc. (ATP) v. Bullock (Montana)
In March 2010, plaintiffs filed suit to challenge Montana’s corporate expenditure restriction, M.C.A. § 13-35-227, claiming that the ban was unconstitutional under Citizens United v. FEC. On December 30, 2011, the Montana Supreme Court upheld the restriction. The court distinguished Citizens United, arguing that Montana had a unique history of state electoral corruption and that the state corporate expenditure restriction was less onerous that the analogous federal restriction at issue in Citizens United. On June 25, 2012, the U.S. Supreme Court granted certiorari and summarily reversed the Montana Supreme Court’s order, citing Citizens United.