Mysterious Political Group Offers NIL Money for Endorsements in Key Senate Race

Relatively unknown political activist group "Montana Together" used Opendorse's platform to offer athletes up to $2400 for their endorsement of Senator Jon Tester
Dec 20, 2022; Spokane, Washington, USA; Montana Grizzlies guard Brandon Whitney (12) walks off the court after a game against the Gonzaga Bulldogs at McCarthey Athletic Center. Gonzaga won 85-75. Mandatory Credit: James Snook-USA TODAY Sports
Dec 20, 2022; Spokane, Washington, USA; Montana Grizzlies guard Brandon Whitney (12) walks off the court after a game against the Gonzaga Bulldogs at McCarthey Athletic Center. Gonzaga won 85-75. Mandatory Credit: James Snook-USA TODAY Sports / James Snook-USA TODAY Sports

There has been no shortage of creativity within the NIL world. With athlete advertisements in virtually every industry, little surprises me in the NIL ecosystem — except today. As reported by Fox News, a political activism group called Montana Together utilized the Opendorse platform, a leading marketplace for athletes to be connected with brands for endorsement opportunities, to solicit athletes into making paid social media posts that included positive messaging about incumbent Democratic Senator Jon Tester.

Jon Tester is roughly 3.5% behind challenger Tim Sheehy in a highly viable Montana race that could ultimately decide which party controls the United States Senate. To say that this race is crucial for both Democrats and Republicans would be a complete understatement. Understandably, both sides are doing all they can to move the needle and provide an edge for their respective candidates.  

According to documents obtained by Fox News, Montana Together was willing to pay athletes anywhere from $400 - $2,400 for multiple videos containing positive messaging about the incumbent senator. Direct quotations from Montana Together messaging indicate that this offer was wide-ranging: “We have an NIL opportunity for Montana student-athletes, and I could use your help getting the information below to any individuals who you recommend applying for this campaign. Montana Together is using Opendorse to source athletes for an NIL deal… Who are they looking for?: Athletes who attend college in Montana and are interested in spreading the word about Senator Jon Tester and causes you care about.”

Neither Division I school in Montana has partnered with the Opendorse platform; however, select players from the University of Montana and Montana State are on the platform, as student-athletes are eligible to register independently of their school. Other non-Division I athletes are able to register for the Opendorse service as well.  

While utilizing NIL for political aspirations raises many ethical questions, nothing legally stops this engagement. While Montana Together indeed loves Jon Tester, it is a separate entity from his campaign, which has publicly commented that it was unaware of the group’s actions and was not in contact. Even if Tester’s campaign were to engage in an NIL transaction for an endorsement, nothing directly in the Federal Elections Commission regulations would prevent the transaction so long as the payment was publicly disclosed. 

This is the point where the story gets a bit strange. 

Kenna is calling upon her fellow Montanans to join her as she does HER part in protecting Montana landscapes. Here's...

Posted by Montana Together on Thursday, February 15, 2024

Just who is Montana Together? A quick Google search will yield zero results. The only thing that could be found of Montana Together was a Facebook page with two followers. The page’s only contents are photos and videos of people supporting Jon Tester’s policy stances towards public land conservation, the Inflation Reduction Act, and the Affordable Care Act. At the time of writing, none of the posts on the page have received even one like, comment, or repost. 

Without stoking the waters of conspiracy, I, and I would imagine many others, find this situation quite odd. Many upstart political activism organizations exist in the ether of the internet without garnering any significant traction. However, a political activism organization that does not even have a functional website does not appear to be an entity that readily has funds to make good on the up to $2,400 NIL offerings it had made to athletes. Offerings, mind you, that are exponentially above the market rate for nearly all non-FBS Division I athletes – and explicitly disclosed on individual Opendorse profiles. 

Could this be the work of a democratic booster with deep pockets and a tenuous understanding of NIL market rates? Sure. It would likely take additional compensation for any athlete to make a political endorsement that could harm their brand and alienate potential fans. However, Montana Together’s exceptional overcompensation and their desolate notoriety make this NIL offering exceptionally mysterious.


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Noah Henderson

NOAH HENDERSON

Professor Noah Henderson teaches in the sport management department at Loyola University Chicago. Outside the classroom, he advises companies, schools, and collectives on Name, Image, and Likeness best practices. His academic research focuses on the intersection of law, economics, and social consequences regarding college athletics, NIL, and sports gambling. Before teaching, Prof. Henderson was part of a team that amended Illinois NIL legislation and managed NIL collectives at the nation’s most prominent athletic institutions while working for industry leader Student Athlete NIL. He holds a Juris Doctor from the University of Illinois College of Law in Urbana-Champaign and a Bachelor of Economics from Saint Joseph’s University, where he was a four-year letter winner on the golf team. Prof. Henderson is a native of San Diego, California, and a former golf CIF state champion with Torrey Pines High School. Outside of athletics, he enjoys playing guitar, hanging out with dogs, and eating California burritos. You can follow him on Twitter: @NoahImgLikeness.