Case

Illinois Opportunity Project v. Bullock

Companies bidding for state contracts have a right to not be discriminated against based on their support of any given candidate.

Americans’ right to support causes they believe in without fear of retaliation is at the center of Illinois Opportunity Project v. Bullock filed August 27, 2019, against Montana Gov. Steve Bullock and the head of that state’s procurement bureau.

In 2018, Governor Bullock issued an executive order that requires companies bidding for state contracts to disclose donations made to organizations advocating for issues, candidates, or political parties within 60 days of an election. Requiring such disclosures stifles companies’ First Amendment rights without preventing corruption in the state contract bidding process. Whether intended or not, the order effectively silences organizations seeking a state contract that disagree with the governor.

The lawsuit was filed on behalf of the Illinois Opportunity Project, a nonpartisan, 501c4 organization that plans to engage in issue advocacy in Montana prior to the 2020 election.

Across the nation, public support for candidates and causes has resulted in lost jobs and contracts, property being destroyed, and even death threats. Requiring donors to disclose their support will unconstitutionally chill the free speech of organizations like IOP.

As Patrick Hughes, president and co-founder of the Liberty Justice Center, observed, “forcing a person or group to disclose their contributions in order to be considered for work goes against our country’s founding principles as well as our current laws.”

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Case In The News

Associated Press
September 4, 2020

(AP News)—Attorneys for Montana’s governor urged a federal judge Thursday to uphold an executive order that requires companies to report political contributions if they want to bid on large state contracts, in a case that could test whether so-called dark money groups can avoid public disclosure of spending. A conservative...

Associated Press
August 29, 2019

(AP News)—A conservative advocacy group is challenging Montana Gov. Steve Bullock’s executive order that requires organizations that receive large state contracts to report political contributions that exceed $2,500, even if those disclosures aren’t required under federal election laws. The challenge was filed Tuesday in U.S. District Court by the Illinois...

Helena Independent Record
August 28, 2019

(Helena Independent Record)—One of the hallmark messages of Montana Gov. Steve Bullock’s campaign for the Democratic presidential nomination is the subject of a lawsuit filed by a conservative advocacy group this week in U.S. federal court in Helena. In June 2018, Bullock signed an executive order saying that to receive...

Montana Public Radio
August 28, 2019

(Montana Public Radio)—An Illinois advocacy group is suing Montana Gov. Steve Bullock over one of his trademark campaign finance policies targeting so-called ‘dark money’ in politics. The lawsuit announced Wednesday asks a federal judge to strike down Montana’s nearly year-old policy that requires certain businesses seeking contracts with the state...

ABOUT

NAME

Illinois Opportunity Project v. Bullock

FILED

August 27, 2019

COURT

United States District Court for the District of Montana, Helena Division

STATUS

Closed

Media

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