HELENA, Mont. – A new documentary follows the path of dark money in elections after the U.S. Supreme Court's Citizens United decision – using Montana as a case study.
The film "Dark Money" looks at Montana's past, when out-of-state developers bribed their way into office and led Big Sky Country to ban big money from politics in 1912.
But director and Montanan Kimberly Reed says in a post-Citizens United world where money in elections is untraceable, corporate influence has made its way back into the state.
She says the rest of the country is getting a lesson Montana learned at the turn of the 20th century.
"You also have to consider when you don't know who's behind that money, you don't know what their motives are,” Reed states. “You don't know what leverage they have over candidates or elected officials who are already in office. And that's just the perfect recipe for corruption."
After a recap of Montana history, the film follows the trial of former state Sen. Art Wittich, who in 2016 was found guilty of taking illegal campaign contributions.
"Dark Money" will make its debut in Montana on Friday.
Reed notes this isn't a partisan issue. Dark money seeps into elections on both sides. She says every cycle, more money is pumped into elections and more of it is dark money.
Montana is in the midst of one of those elections. Reed says the race for Jon Tester's U.S. Senate seat is on track to be more expensive than his 2012 Senate race, which was the costliest Senate race of that year.
However, she notes at the state level, Montana actually has tightened up its campaign finance laws in the aftermath of Wittich's conviction.
"The irony is that, for state and local elections in Montana, they're running much cleaner, but the federal elections like Senate races are actually, you know, they're worse than ever," Reed points out.
But even with dark money looming over the midterms, Reed sees this as a hopeful story.
She says in Montana, bipartisan cooperation cleaned up elections – a place some might not expect that type of cooperation across the aisle.
Reed points out across the nation, this is happening at the local level too.
"City council after city council, school board after school board, issuing resolutions, proclamations stating that they want to have disclosure in their elections, that they want to have small-donor public financing that is funding their elections, that we want to have people on the local level mobilizing," she states.
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A handful of Montana bills pushing for partisan judicial elections as part of a broader movement in the state were defeated this month.
Montana law has required judicial elections to be nonpartisan for 90 years, since 1935. Proponents argued partisan elections would be more transparent. Opponents said it is one move in a larger effort to curb judicial power.
Jim Manley was a district court judge in Lake and Sanders Counties until he retired in 2022. He said it is vital judges be respected for their independence.
"Destroying that independence and respect has far-reaching negative effects," Manley contended. "I don't know if some of these politicians don't care about that. But that's the concern among judges and many other people."
He argued electing partisan judges would imply bias in courtrooms and decisions. He noted it could increase electoral spending, which has already skyrocketed in recent years. The Senate Select Committee on Judicial Oversight and Reform, created last year, brought 27 such bills to the current session. Only one has passed so far.
Interest groups have targeted judicial elections because of the hot-button issues they sometimes have to decide. Abortion and the environment are examples.
"You can't just take that authority away from the judicial branch to discipline judges or to determine what they can do," Manley stressed.
The effort to curb judicial power is unpopular. Only 20% of Montanans surveyed earlier this year said courts have too much authority.
Montana's new Supreme Court Chief Justice Cory Swanson, who has a conservative background, urged lawmakers in his 2025 State of the Judiciary address to keep elections nonpartisan and, quote, "reject legislation that will undermine the effective functioning of the judiciary." He said, "It will ultimately harm Montana citizens."
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Political maneuvers continue with the pivotal Wisconsin Supreme Court race less than a week away - the latest coming from the White House. In the weeks leading up to the April 1st election, the state has seen partisan-backed campaigns, swirling misinformation and incentives that border on bribes. On Wednesday, President Donald Trump signed an executive order to reshape state elections - with changes like proof of citizenship requirements - days before Wisconsin voters take to the polls.
Brett Edkins, managing director for policy and political affairs with Stand Up America, says it all reflects the climate stoked by the country's leaders.
"So, it's no surprise that they're trying that playbook again in Wisconsin," he explained. "And what it still comes down to is a really basic question. Do we want a MAGA court in Wisconsin? Do we want a Supreme Court bought and paid for by Elon Musk?"
Groups tied to Musk, the Tesla and SpaceX CEO who is overseeing the Department of Government Efficiency, have poured about $17 million into backing candidate Brad Schimel, while Susan Crawford's campaign reports a total $24 million in funding, with notable contributions from billionaire George Soros. Overall spending has surpassed all records for judicial races and is expected to reach $100 million.
Most state elections don't garner mass attention, but Edkins says in the battleground swing state, outcomes have national implications.
"Where Wisconsin goes, so goes the country. What's at stake in Wisconsin are ensuring that we have free and fair elections in 2026 and 2028," he added.
The high court has become the referee for some of the most hotly debated election rules, narrowly rejecting then-presidential candidate Donald Trump's lawsuit to overturn the 2020 election results. And last year the court reversed gerrymandered maps and restored ballot drop boxes.
Lucy Ripp, communication director with A Better Wisconsin Together, says voters need to cut through the chaos and remember why the election matters.
"The Wisconsin Supreme Court exists to uphold and protect our constitutional rights and freedoms in Wisconsin. And so, it's really important that we pay attention to who we are electing to the court," she said.
Cases about abortion access, the rights of voters with disabilities, noncitizen voting and the legality of drop boxes are just some the high court could see - as well as a lawsuit concerning one of Musk's companies, Tesla.
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After Elon Musk, a man once worth $327 billion, spent a quarter billion to elect Donald Trump, he was rewarded with unprecedented powers over the federal government.
Brandon Novick, policy coordinator with the Center for Economic and Policy Research, says blatant corruption in the United States is not new. And it's legal, thanks to the U.S. Supreme Court's Buckley versus Valeo ruling in 1976.
"That decision was the root one that said that 'money is speech' and that people can infinitely spend in elections. In Citizen's United, basically the court said based on this, we're saying corporations, not just individuals, can infinitely spend in elections," he explained.
To avoid the appearance of quid pro quo corruption, Novick said the nation's highest court clarified that unlimited spending to influence the outcome of an election is OK, so long as the cash is spent independently and not in coordination with a candidate's official campaign.
Billionaires are not just buying power from Republicans. Novick pointed to Reid Hoffman, who spent some $17 million on the Kamala Harris campaign. When Hoffman called for the Federal Trade Commission's chair Lena Kahn to get the boot, Harris refused to commit to keeping Kahn in her post.
"This issue is bipartisan. The establishments of both parties are not working to solve it. But the current Trump administration is the greatest example of blatant billionaire control bought through bribes in campaign spending," Novik said.
Good-government groups have long argued that in American democracy, one citizen - not one dollar - should equal one vote. Novick said there are only two viable pathways to get money out of politics. The U.S. Supreme Court could overturn previous decisions, which is unlikely since many of today's Justices were involved in Citizen's United.
"The only other way to get past this is a constitutional amendment to overturn their decision and get money out of politics. Because if Congress just passes a law, they'll strike it down," he added.
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